American lobster

Homarus americanus

©Monterey Bay Aquarium

Canada: Northwest Atlantic

Pots

November 14, 2018

Seafood Watch Consulting Researcher

Disclaimer Seafood Watch® strives to have all Seafood Reports reviewed for accuracy and completeness by external scientists with expertise in ecology, fisheries science and aquaculture. Scientific review, however, does not constitute an endorsement of the Seafood Watch program or its recommendations on the part of the reviewing scientists. Seafood Watch is solely responsible for the conclusions reached in this report.

Seafood Watch Standard used in this assessment: Standard for Fisheries vF3 Table of Contents

About...... Seafood...... Watch ...... 3......

Guiding...... Principles ...... 4......

Summary...... 5......

Final...... Seafood...... Recommendations ...... 6......

Introduction...... 8......

Assessment...... 12......

Criterion...... 1: . . . Impacts...... on . . . the. . . . . Species...... Under...... Assessment...... 12 ......

Criterion...... 2: . . . Impacts...... on . . . Other...... Species...... 39 ......

Criterion...... 3: . . . Management...... Effectiveness ...... 63 ......

Criterion...... 4: . . . Impacts...... on . . . the. . . . . Habitat...... and . . . . . Ecosystem...... 93 ......

Acknowledgements...... 102 ......

References...... 103 ......

Appendix...... A:. . . . Extra...... By . . . . Catch...... Species ...... 122 ......

Appendix...... B:...... 149 ......

Appendix...... C:...... 150 ......

Appendix...... D:...... 155 ......

2 About Seafood Watch

Monterey Bay Aquarium’s Seafood Watch program evaluates the ecological sustainability of wild-caught 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 www.seafoodwatch.org. 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 Watch Assessment. Each assessment 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.” This ethic is operationalized in the Seafood Watch standards, available on our website here. In producing the assessments, 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 assessments 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 Watch assessments in any way they find useful.

3 Guiding Principles

Seafood Watch defines sustainable seafood as originating from sources, whether fished1 or farmed that can maintain or increase production in the long-term without jeopardizing the structure or function of affected ecosystems.

The following guiding principles illustrate the qualities that fisheries must possess to be considered sustainable by the Seafood Watch program (these are explained further in the Seafood Watch Standard for Fisheries):

Follow the principles of ecosystem-based fisheries management. Ensure all affected stocks are healthy and abundant. Fish all affected stocks at sustainable levels. Minimize bycatch. Have no more than a negligible impact on any threatened, endangered or protected species. Managed to sustain the long-term productivity of all affected species. Avoid negative impacts on the structure, function or associated biota of aquatic habitats where fishing occurs. Maintain the trophic role of all aquatic life. Do not result in harmful ecological changes such as reduction of dependent predator populations, trophic cascades, or phase shifts. Ensure that any enhancement activities and fishing activities on enhanced stocks do not negatively affect the diversity, abundance, productivity, or genetic integrity of wild stocks.

These guiding principles are operationalized in the four criteria in this standard. 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 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

4 Summary

This report provides an analysis and recommendations for the commercial fishery for American lobster (Homarus americanus), hereafter referred to as "lobster") in Atlantic Canada. The Canadian fishery takes place from Newfoundland and Labrador (north) to New Brunswick (south), and includes Quebec, Prince Edward Island, and Nova Scotia. In Canada, lobster are harvested exclusively with traps (pots).

For Criterion 1, two of the five assessed lobster stocks are scored "yellow" and the other three areas are scored "green." Concerns include high exploitation rates, a reliance on new recruits, and a lack of indicators to adequately determine the stock status.

Several at-risk species are captured as bycatch in, or interact with, the lobster fishery. The lowest-scoring Criterion 2 species include herring and mackerel, which are assessed because of their use of bait in the lobster fishery. The other lowest-scoring species, is an incidentally caught species, the endangered North Atlantic right whale. The majority of sightings occur in the Bay of Fundy and a growing number of sightings and entanglements are being observed in the Gulf of St. Lawrence.

Overall, management is scored "yellow." There is a mixture of management measures, which are mostly effort- based. There are concerns for several aspects of the lobster management system, particularly regarding the persistence of high exploitation rates; reliance on new recruits; a lack of fishery-independent data to determine abundance and fishing mortality; a reliance on landings data as a proxy for abundance; a lack of data collection for bycatch species; a lack of observer studies, and difficulties with enforcement. Recent improvements include increases in minimum legal sizes and a reduction in effort in some areas. Some of the regions have been recorded to have high compliance rates.

Lobster traps present a moderate impact on ocean bottom habitat, and the resilience of bottom habitat to these effects is considered moderate to high, depending on the specific substratum. At present there is no evidence that the fishing method or the removal of Atlantic lobsters have severe habitat or ecosystem effects. Given that lobster pots are considered to have relatively benign effects on habitat particularly when compared with mobile gear, there are few measures to reduce or mitigate effects of fishing practices on habitat.

In summary, all Atlantic Canadian lobster fisheries receive an overall recommendation of "good alternative" (i.e., yellow).

5 Final Seafood Recommendations

CRITERION CRITERION CRITERION 1: IMPACTS 2: IMPACTS CRITERION 3: 4: HABITAT ON THE ON OTHER MANAGEMENT AND OVERALL SPECIES/FISHERY SPECIES SPECIES EFFECTIVENESS ECOSYSTEM RECOMMENDATION

American lobster Yellow Red (1.000) Yellow (3.000) Green Good Alternative Canada Northwest (2.644) (3.464) (2.289) Atlantic, Pots, Canada, Newfoundland & Labrador

American lobster Green Red (1.000) Yellow (3.000) Green Good Alternative Canada Northwest (3.318) (3.464) (2.423) Atlantic, Pots, Canada, Quebec Gulf and Northern Gulf of St. Lawrence

American lobster Green Red (1.000) Yellow (3.000) Green Good Alternative Canada Northwest (3.318) (3.464) (2.423) Atlantic, Pots, Canada, Southern Gulf of St. Lawrence

American lobster Yellow Red (1.000) Yellow (3.000) Green Good Alternative Canada Northwest (2.644) (3.464) (2.289) Atlantic, Pots, Canada, Eastern Cape Breton

American lobster Green Red (1.000) Yellow (3.000) Green Good Alternative Canada Northwest (3.318) (3.464) (2.423) Atlantic, Pots, Canada, Southwest Nova Scotia and Bay of Fundy

Summary All lobster fisheries in Atlantic Canada are scored a "Good Alternative." The main concerns identified are interactions with endangered and threatened species, including turtles and whales, the use of overfished species as bait, high exploitation rates, and a lack of appropriate data-limited indicators to determine the stock status in some of the lobster fisheries (particularly Newfoundland and Labrador).

Eco-Certification Information The offshore fishery for lobsters in the Canadian Atlantic (LFA 41) is certified as sustainable to the MSC standards and is therefore not assessed in this report.

Scoring Guide Scores range from zero to five where zero indicates very poor performance and five indicates the fishing operations have no significant impact.

6 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 >2.2-3.2, and neither Harvest Strategy (Factor 3.1) nor Bycatch Management Strategy (Factor 3.2) are Very High Concern2, 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).

7 Introduction

Scope of the analysis and ensuing recommendation This report provides an analysis and recommendation for the commercial fisheries for American lobster (Homarus americanus, hereafter referred to as lobster) in Atlantic Canada. The Canadian fishery takes place from Newfoundland and Labrador (north) to New Brunswick (south), and includes Quebec, Prince Edward Island, and Nova Scotia. In Canada, lobster are harvested exclusively with traps (pots). Lobster fisheries are managed regionally and divided into a number of lobster fishing areas (LFAs). The recommendations in this report cover the following LFAs and are as follows: Recommendation LFAs Eastern Cape Breton, Eastern & South Shore Nova Scotia 27–33 Newfoundland & Labrador 3–14 Quebec & Northern Gulf of St. Lawrence 15–22 Southern Gulf of St. Lawrence 23–26 Southwest Nova Scotia & Bay of Fundy 34–36, 38

Acronyms BMSY The biomass needed to produce MSY CL Carapace Length HFA Herring fishing Area CPUE Catch Per Unit Effort IdlM Iles-de-la-Madeleine Lobster DFO Fisheries and Oceans Canada IFMP Integrated Fisheries Management Plan DMR Department of Marine Resources LFA Lobster Fishing Area EA Enterprise Allocation LRP Limit Reference Point EBSA Ecologically and Biologically Sensitive Areas MLS Minimum Legal Size ECOLF Eastern Canada Offshore Lobster Fishery MSC Marine Stewardship Council MSY Maximum Sustainable Yield ETP Endangered, Threatened, Protected NL Newfoundland and Labrador FFAW Fish, Food and Allied Workers PA Precautionary Approach FL Fork Length PEI Prince Edward Island PSA Productivity-Susceptibility Analysis FRCC Fisheries Resource Conservation Council SAM Size-at-Maturity FSCP Fisheries Science Collaborative Program SPA Sequential Population Analysis SSB Spawning Stock Biomass FSRS Fishermen and Scientists Research Society TAC Total Allowable Catch

8 URP Upper Reference Point HAB Harmful Algal Blooms USR Upper Stock Reference HCRs Hazard Control Rule VMS Vessel Monitoring System

Species Overview Lobster is a large bodied crustacean distributed from the most southern tip of Labrador south to Cape Hatteras, North Carolina. They can be found from the intertidal zone out to onshore areas of approximately 500 m depth, although are most common from 4 to 50 m. Once mature, all lobsters make seasonal movements from deeper, winter areas to shallower, warmer summer areas for hatching eggs, mating, and growth. The migration distances vary based on location and oceanography; for example, migration east of Cape Sable Island/Shelburne (LFA 33–34) is generally restricted to the near shore, and the distances will vary depending upon the bottom depths and water temperatures. Cold waters in the deeper areas just offshore restrict these movements.

The Canadian lobster fishery is managed by Fisheries and Oceans Canada (DFO), which divides the lobster fishing region into 45 Lobster Fishing Areas (LFAs), numbered from 1 to 41 (Figure 1). Over time some have been divided (i.e., LFA 14 A, B, C) or are now jointly fished under licences from neighbouring LFAs (e.g., LFA 37). Lobster stocks are assessed by LFA region rather than as Atlantic Canada as a whole.

Inshore lobster fisheries in Canada are managed mostly using a variety of input controls and some output controls. Input controls include license limits, fishing seasons, and gear requirements (e.g., pots must be a certain size and require escape gaps to allow undersized lobsters to escape), while output controls include protection of egg-bearing (ovigerous) females, minimum and maximum lobster size limits. Some LFAs are classified as "recruitment fisheries," meaning that they are heavily dependent on new recruits to the fishery (the size of which depends on the LFA’s minimum legal size). Present conditions of environmental variables are believed to be positive for recruitment in the region given the high number of recruits present in the commercial fishery.

Over the last three to four decades, nominal fishing effort (i.e., trap limits and fishing season) has reduced in areas such as the sGSL (Rondeau et al. 2014) and Newfoundland and Labrador (DFO 2016b). Overall, landings remained low throughout the 1960s and began to increase in the 1970s, particularly in the southern Gulf of St. Lawrence where the smaller minimum legal size (MLS) coupled with its lower size-at-maturity (SAM) allowed the lobsters to enter the fishery sooner. This increase continued through the 1980s leading to a peak in 1990– 1991 (Figure 2). Landings remained relatively constant through the 1990s, increasing late in the decade to the present day historical high. In the Maritime Region (LFA 27 to 41) the landings have trended upward since 1980. Nova Scotia accounts for the majority of lobster landings in Atlantic Canada.

9 Figure 1 Canadian Lobster Fishing Areas. Source: (FRCC 2007)

Production Statistics The main producers of lobster are Nova Scotia and Maine (U.S). Maine is the largest landings producer within US states yielding 55,521mt in 2015 (NMFS 2016). In comparison, Canada produced 82,741t in 2015 (DFO 2016e).

10 Figure 2 Historical Canadian lobster landings from 1890 -2013. Source (DFO 2015i)

Importance to the US/North American market. Lobster, while fished during specifically regulated seasons in Canada, is generally available year round from facilities where lobsters are kept at low temperatures and can be distributed to buyers around the world. In addition, many lobsters are imported from the US for processing or storage, and can be later moved back to the US for sale. Though the US has a year round fishery, landings during the winter are typically low.

In 2015, Canada exported 82,741 MT (DFO 2016e) of lobster worldwide with a value of $2,031,179,000 CAD (DFO 2016e) making lobster Canada’s most valuable seafood product. Around 78% of Canadian lobster exports is destined for the US, followed by Asia (Japan and China) and the European Union (Belgium, France) (DFO 2015i).

Common and market names. Lobster is marketed as lobster, Atlantic lobster, Canadian lobster, American lobster, and Northern lobster.

Primary product forms Lobsters are most commonly sold live because this is when they are most valuable. Smaller lobsters (known as “canners”) are cooked and either frozen whole in "popsicle packs" or shelled for meat. Canners are lobsters that are above the MLS but below 82.5 mm and are only fished in LFA 23, 24, 25, and 26A (in the Southern Gulf of St. Lawrence) (where SAM is lower than other regions). Most of the lobsters caught in the waters of Nova Scotia, Newfoundland and Labrador, and Quebec go to the live market and to the United States, which in turn may be shipped to Europe and Asia via airports in New York and Boston. The lobster-processing industry is concentrated in New Brunswick and Prince Edward Island. Lobster tails and claws are sometimes sold separately and uncooked lobster may also be frozen whole.

11 Assessment

This section assesses the sustainability of the fishery(s) relative to the Seafood Watch Standard for Fisheries, available at www.seafoodwatch.org. The specific standard used is referenced on the title page of all Seafood Watch assessments.

Criterion 1: Impacts on the Species Under Assessment

This criterion evaluates the impact of fishing mortality on the species, given its current abundance. When abundance is unknown, abundance is scored based on the species’ inherent vulnerability, which is calculated using a Productivity-Susceptibility Analysis. 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

Guiding Principles Ensure all affected stocks are healthy and abundant. Fish all affected stocks at sustainable level.

Criterion 1 Summary AMERICAN LOBSTER Region | Method Abundance Fishing Mortality Score Canada/Northwest 2.33: Moderate Concern 3.00: Moderate Concern Yellow (2.644) Atlantic | Pots | Canada | Newfoundland & Labrador Canada/Northwest 3.67: Low Concern 3.00: Moderate Concern Green (3.318) Atlantic | Pots | Canada | Quebec Gulf and Northern Gulf of St. Lawrence Canada/Northwest 3.67: Low Concern 3.00: Moderate Concern Green (3.318) Atlantic | Pots | Canada | Southern Gulf of St. Lawrence Canada/Northwest 2.33: Moderate Concern 3.00: Moderate Concern Yellow (2.644) Atlantic | Pots | Canada | Eastern Cape Breton Canada/Northwest 3.67: Low Concern 3.00: Moderate Concern Green (3.318) Atlantic | Pots | Canada | Southwest Nova Scotia and Bay of Fundy

12 Criterion 1 Assessment SCORING GUIDELINES Factor 1.1 - Abundance Goal: Stock abundance and size structure of native species is maintained at a level that does not impair recruitment or productivity.

5 (Very Low Concern) — Strong evidence exists that the population is above an appropriate target abundance level (given the species’ ecological role), or near virgin biomass. 3.67 (Low Concern) — Population may be below target abundance level, but is at least 75% of the target level, OR data-limited assessments suggest population is healthy and species is not highly vulnerable. 2.33 (Moderate Concern) — Population is not overfished but may be below 75% of the target abundance level, OR abundance is unknown and the species is not highly vulnerable. 1 (High Concern) — Population is considered overfished/depleted, a species of concern, threatened or endangered, OR abundance is unknown and species is highly vulnerable.

Factor 1.2 - Fishing Mortality Goal: Fishing mortality is appropriate for current state of the stock.

5 (Low Concern) — Probable (>50%) that fishing mortality from all sources is at or below a sustainable level, given the species ecological role, OR fishery does not target species and fishing mortality is low enough to not adversely affect its population. 3 (Moderate Concern) — Fishing mortality is fluctuating around sustainable levels, OR fishing mortality relative to a sustainable level is uncertain. 1 (High Concern) — Probable that fishing mortality from all source is above a sustainable level.

AMERICAN LOBSTER Factor 1.1 - Abundance

CANADA/NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR Moderate Concern The status of the stock relative to reference points for Newfoundland and Labrador (LFAs 3 to 12, 13 A & B, and 14 A–C) is unknown. Four assessment regions have been defined and the stocks were last assessed in the 2016 assessment: Northeast (LFAs 3 to 6), Avalon (LFAs 7 to 10), South Coast (LFAs 11 and 12), and West Coast (LFAs 13 and 14) (DFO2016b). LFA 11 is the most productive area, contributing around 45% in recent years (Figure 3).

In all areas, mean CPUE has increased gradually and landings have overall remained stable. Nominal effort has decreased by 45% since 2006 due to fewer active fishers, license retirements, shorter fishing seasons, and trap limit reductions. The Newfoundland and Labrador fishery is a recruitment fishery; landings are believed to reflect abundance (DFO2016b).

Seafood Watch deems abundance as a “moderate” concern: although CPUE data suggests that abundance is stable, there are no other data-limited assessments to support this conclusion, and lobsters have a medium vulnerability to fishing pressure in this area (as indicated by the productivity and susceptibility analysis below). Justification:

13 Figure 3 Map of Newfoundland Lobster Fishing Areas (LFAs 3-14)

The key indicators used in Newfoundland and Labrador are landings, nominal effort, mean CPUE, and the relative survival fraction. The assessment uses fishery-dependent data from the following sources: reported landings, DFO logbooks, Fish, Food and Allied Workers Union (FFAW) index logbooks, and at-sea sampling data (DFO 2016b). Uncertainties exist due to many factors including the assessment only using fishery- dependent data, there being no account for local sales, poaching or other sources of mortality and environmental conditions (Pezzack et al. 2015).

In all areas, there has been a sharp decline in lobster abundance above the MLS, implying that the fishery is a recruitment fishery (DFO2016b).

Figure 4 Proportion of landings from each LFA (LFAs 4-14) in 2012. Source (DFO, 2016b)

14 The information from the following paragraphs is available from (DFO2016b):

Northeast (LFAs 3-6): The most recent assessment for the Northeast fishery was published in November 2016 (DFO 2016b). Overall, the 2016 assessment indicates that reported landings have decreased from 750 t in the early 1990s to 225 t in 2015, and nominal effort declined by 16% since 2012 due to fewer fishers active in the fishery. CPUE has increased (based on logbook data) between 2004 to 2015. Survival rates of non- protected females (non-ovigerous) increased relative to protected (ovigerous) lobsters.

Avalon Region (LFAs 7-10): In the Avalon region, reported landings have steadily declined since the early 1990s from 460 t to about 30 t in 2015 with the greatest declines in LFA 10. Nominal effort has decreased by 32% since 2012 as a result of fewer fishers active in the fishery. Mean CPUE has increased from 2005. Compared to protected females, survival of male and non-protected (non-ovigerous) females has increased from 10% (pre 2012) to about 30% since 2012.

South Coast (LFAs 11-12): About 90% of landings on the South Coast occur in LFA 11. Reported landings increased from the early 1990s, peaking in 2015 at 1,200 t before declining in 2011 and to 1,100 t in 2012. Since 2012, nominal effort has declined by 15% due to license retirements and fewer active fishers in the fishery. Mean CPUE was based on logbook data, which has increased gradually from 2005 to 2015. Compared to protected females, survival of male and non-protected (non-ovigerous) females has fluctuated around 20% since 2004.

West Coast (LFAs 13-14): Landings have varied since the early 1990s and in 2015 were 1200 t. Nominal effort decreased by 15% since 2012 (due to decreasing numbers of fishers and license retirements). Mean CPUE (which was based on logbook data) increased gradually from 2004 to 2015. Compared to protected females, survival of male and non-protected (non-ovigerous) females fluctuated around 5% since 2004.

Productivity and Susceptibility Analysis

PRODUCTIVITY SCORE (1 = LOW RISK, 2 = RELEVANT INFORMATION ATTRIBUTE MEDIUM RISK, 3 = HIGH RISK) Average age at 5 to 12 years /7 to 10 years (generation time) Medium (2) maturity (Tremblay et al. 2012b) Average maximum >30 years (Lawton and Lavalli 1995) High (3) age Fecundity 10,000 to 100,000 eggs (Waddy et al. 1995) Low to medium (2) Reproductive Brooder (Factor 1995) Medium (2) strategy Trophic level 3.07 (Eddy et al. 2017) Medium (2) Density dependence No dispensatory or compensatory dynamics Medium (2) (invertebrates only) demonstrated or likely (Lawton and Lavalli 1995) Productivity score 2.167 total

15 SCORE (1 = LOW RISK, 2 SUSCEPTIBILITY RELEVANT INFORMATION = MEDIUM ATTRIBUTE RISK, 3 = HIGH RISK) Areal overlap (Considers Unknown High (3) all fisheries) Vertical overlap (Considers High overlap High (3) all fisheries) Selectivity of The species is targeted. Juveniles are likely to escape from escape fishery (Specific to vents, though berried females comprise about 20% of the catch Medium (2) fishery under (Criquet, Brêthes and Allain 2015a); additionally, undersized, assessment) ovigerous and v-notched females cannot be retained (DFO 2016b). Post-capture mortality Post-capture mortality is unknown in this region. High (3) (Specific to fishery under assessment) Susceptibility 2.325 score

V = √ P2 +S 2

V = √ 2.1672 + 2.325 2

V = √ 4.709 + 5.406

V = √ 10.115

V = 3.178* = Medium Vulnerability

*Values shown are rounded to 3 decimal places for display purposes, actual values result in the vulnerability score presented when entered into the formula.

Factor 1.2 - Fishing Mortality

CANADA/NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR Moderate Concern Exploitation rates range from 71 to 96% (Collins et al. 2009) and the remaining stock structure is dominated by incoming recruits (DFO 2013j). Fishing pressure is still high for LFA 3 to 6. Total landings in LFA 11 have become increasingly important, from contributing less than 15 % in the early 1990s to around 45% in years 2010 to 2013 of the total landings in the fishery (DFO 2015f). Landings fluctuate rapidly and exploitation rates

16 are high in some LFAs. Nominal effort has decreased by 45% since 2006 over all Newfoundland LFAs (DFO 2016b). Fishing mortality relative to a sustainable level is unknown due to a lack of reference points. Therefore, Seafood Watch considers fishing mortality to be a “moderate” concern. Justification: Although the most recent stock assessment does not include any estimates of exploitation rates, a 2009 research document does so. Annual exploitation rate indices were obtained by determining the proportion of 1-year recruits in the commercial catch for each year in the period 1999 to 2005 (Collins et al. 2009). When results for males and females are combined, these values ranged from 73% to 91% in Eastport (LFA 5), from 83% to 96% in Fortune Bay (LFA 11), and from 71% to 94% in St. John Bay (LFA 14B) (Collins et al. 2009). These figures have not been updated; the fishery maintains a high level of exploitation. However, landings have decreased in the Avalon region, increased in the South and West Coast regions, and remain stable in the Northeast (Figure 10) (DFO 2013j).

Overall, the 2016 assessment indicates that nominal effort in Newfoundland declined by 45% since 2006 (Figure 6); the reduction in effort was due to fewer fishers active in the fishery, license changes and reductions in season length and trap limits. CPUE has increased gradually. There is an apparent trend in which reported landings are becoming increasingly concentrated in LFA 11. LFA 11 is the most productive region, contributing around 45% in recent years. Overall landings in Newfoundland have remained relatively steady since the 1960s.

In all areas, there is a sharp decline in lobster abundance above MLS (DFO 2016b).

Figure 5 Landings (t) for each LFA 4a to 14bc from 2009-2012. Source (DFO 2013b)

One index of fishing mortality may indicate the beginnings of a reduction in mortality; however, few lobsters are achieving the second molt class (DFO 2016b).

These values indicate that the standing stock is largely removed every year. Size-frequency distributions from

17 at-sea sampling consist mostly of incoming recruits to the fishery. Few animals appear to survive the fishery past recruitment, and there is a lack of larger animals in the population (DFO 2016b).

Natural mortality was considered in the last assessment, which was considered to be low at 10 to 15 % (DFO 2013j).

Figure 6 Reported landings (t) and nominal effort for LFAs 3-14 from 1953- 2016, in the a) Northeast region; b) Avalon region; c) South Coast region; d) West Coast region. Source: (DFO 2016b).

18 AMERICAN LOBSTER Factor 1.1 - Abundance

CANADA/NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE Low Concern Stock assessments throughout the region show varying results: Generally, recent landings and CPUE values have been above 25-year averages (DFO 2016q) (DFO 2016r) (DFO 2016s). Average size-at-capture also appears stable, with the exception of LFA 19C (DFO 2016r). In LFAs 19 to 22 stock status is considered healthy (DFO 2016r), (DFO 2016s). Lobster are considered to have a medium vulnerability in this region, but data- limited indicators (CPUE and size-at-capture) are generally positive; therefore, Seafood Watch considers abundance to be a “low" concern.

Table 1. Stock status in LFAs 15–22

LFA Status 15 CPUE increasing, average size stable. 16 CPUE increasing, average size stable. 17 CPUE increasing, average size stable. 18 Landings increased 2011 to 2015. 19 CPUE increasing, slight decrease in average size 20 CPUE increasing, average size stable 21 CPUE increasing, general size increase since 2011 22 Slight CPUE increase, average size slightly increased. Egg production increases in recent years.

Justification:

Figure 7 Map showing lobster fishing areas (LFAs) in Quebec (LFAs 15 to 18: North Shore and Anticosti, LFAs 19 to 21: Gaspé Peninsula and LFA 22: Magdalen Islands)

19 LFAs 15–18: Catch-per-unit effort (CPUE) in LFAs 15 and 16 has increased from 0.21kg/trap in 2011 to 0.52kg/trap in 2015, and was above the 22-year average (0.22kg/trap) (DFO 2016q). The average size of lobsters caught in LFAs 15 and 16 has remained stable at 97 to 98 mm in recent years (with the exception of 2013) and there has been an increase in the percentage of jumbo lobsters (>127 mm CL); however, due to the low number of lobsters measured there is a substantial amount of uncertainty in these data (DFO 2016q). In LFA 17B CPUE was 2.57 kg/trap, an increase from 2011 (1.11 kg/trap) and the highest level since 2006 (DFO 2016q). The stock status for LFA 18 cannot be assessed as there are a lack of data available for the fishery; landings have increased in the fishery from 1 t from 2001 to 2011, to 17 t in 2015 (DFO 2016q).

LFAs 19–21: In LFA 20 CPUE was 0.82 lobsters per trap in 2015, an increase from 0.58 in 2011 and above the 25-year average of 0.55 lobsters per trap (DFO 2016r). The CPUE in terms of weight per trap also increased from 0.34 kg/trap in 2011 to 0.48 kg/trap in 2015 and was also above the 25-year average (0.29 kg/trap) (DFO 2016r). The mean size and weight of lobsters in LFA 20 has remained stable at 88 mm and 0.56 kg since 2011 (DFO 2016r). CPUE in the fall fishery in LFA 21B increased from 2.04 kg/trap in 2011 to 2.54 kg/trap in 2015, which was one of the highest values recorded since the fishery began in 2001 (DFO 2016r). The average size of lobsters in LFA 21B has been stable at around 102 mm from the spring fishery, and 97 mm from the fall fishery (DFO 2016r). In LFA 19C there has been a decrease in the p of jumbo lobster in the catch from 5.2% in 2011 to 2.2% in 2015 (DFO 2016r). Average size and weight of lobsters landed in LFA19C has also decreased from 98.5 mm (0.79kg) in 2011 to 96.7 mm (0.74kg) in 2015 (DFO 2016r).

The lobster stock in LFAs 19 to 21 is considered healthy as it is above both Limit (LRP) and Upper Reference Points (URP). These reference points are based on landings from a productive period (1985 to 2009), such that the LRP is set at 325t and the URP is set at 650t. The URP is considered to be 80% of BMSY and there is uncertainty associated with using landings as reference points. However, current landings are significantly higher than the URP at 3486 t (DFO 2016r).

LFA 22: In LFA 22 the CPUE in 2015 was 0.83 lobsters per trap, which was slightly lower (1.1%) than in 2011 but higher (7.8%) than the series average (1985 to 2010) of 0.77 lobsters per trap (DFO 2016s). In terms of weight, CPUE in 2015 (0.57 kg/trap) was higher than both 2011 and the series average (0.44kg/trap) (DFO 2016s). A slight increase in the size of lobsters landed has been seen from 2011 to 2015, and the trawl survey suggests that average size is stable (DFO 2016s).

Landings were 3486 t in 2015, which exceeds the URP of 1750 t (80% BMSY ); therefore, the DFO considers the stock to be healthy in this LFA. There is some uncertainty over the appropriateness of the reference points due to the use of average landings and because the URP is below MSY; however, landings are significantly higher than the URP (DFO 2016s).

Productivity-Susceptibility Analysis:

Scoring Guidelines

1.) Productivity score (P) = average of the productivity attribute scores (p1, p2, p3, p4 (finfish only), p5 (finfish only), p6, p7, and p8 (invertebrates only))

2.) Susceptibility score (S) = product of the susceptibility attribute scores (s1, s2, s3, s4), rescaled as follows: �� = [(��1 ∗ ��2 ∗ ��3 ∗ ��4) – 1/ 40 ] + 1 .

3.) Vulnerability score (V) = the Euclidean distance of P and S using the following formula: �� = √(P2 + S) 2

PSA score = 3.181. For this reason, the species is deemed high vulnerability (based on PSA scoring tool). Detailed scoring of each attribute is shown below.

20 Productivity Score (1 = low risk, 2 = Relevant Information Attribute medium risk, 3 = high risk) Average age at 5 to 12 years / 7 to 10 years (generation time) Medium (2) maturity (Tremblay et al. 2012b) Average maximum >30 years (Lawton and Lavalli 1995) High (3) age 10,000 to 100,000 eggs (Waddy et al. 1995) Fecundity Low to medium (2)

Reproductive Brooder (Factor 1995) Medium (2) strategy Trophic level 3.07 (Eddy et al. 2017) Medium (2) Density dependence No dispensatory or compensatory dynamics Medium (2) (invertebrates only) demonstrated or likely (Lawton and Lavalli 1995) Productivity score (2+3+2+2+2+2)/6 = 2.167

Score (1 = low risk, Susceptibility Relevant Information 2 = medium risk, 3 Attribute = high risk) Areal overlap Areal overlap for this area is unknown. High (3) (Considers all fisheries) Vertical overlap High overlap High (3) (Considers all fisheries) Selectivity of fishery The species is targeted. Juveniles are likely to escape from escape vents, though berried females comprise about 20% of the catch Medium (2) (Specific to (Criquet, Brêthes, and Allain 2015a). fishery under assessment) Post-capture mortality Post-capture mortality are unknown in this region High (3) (Specific to fishery under assessment)

21 Susceptibility [((3*3*2*3)-1)/40]+1 = 2.325 score

V = √ P2 +S 2

V = √ 2.1672 + 2.325 2

V = √ 4.709 + 5.406

V = √ 10.115

V = 3.178* = Medium Vulnerability

*Values shown are rounded to 3 decimal places for display purposes, actual values result in the vulnerability score presented when entered into the formula.

Factor 1.2 - Fishing Mortality

CANADA/NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE Moderate Concern Landings have increased to record highs, though exploitation rates have been reducing in some areas e.g., of Quebec and Northern Gulf of St. Lawrence (nGSL), over recent years. Size structures for lobsters in LFA 17B have become less truncated over recent years due to strong recruitment years. LFA 17B also has been experiencing an increased number of jumbo females and stable fishing effort (DFO 2016q). In LFA 20 and 22, the stock remains truncated, indicative of high exploitation rates. However, LFA 20 have reduced their exploitation rates to 71.6% between 2011 and 2014 (DFO 2016r). Exploitation rates in LFA 22 have also been reduced, which has allowed for indicators to improve or stabilize (DFO 2016s). More data are required on the catches in LFAs 15 to 18 and 21B to determine if the level of fishing mortality is suitable for the stock, though fishing effort data in LFAs 15 to 18 show increased average sizes and increased proportion of jumbo lobsters. Fishing mortality relative to a sustainable level is unknown due to a lack of reference points. Therefore, Seafood Watch considers fishing mortality to be a “moderate” concern. Justification: LFAs 15-18 Landings in 15, 16, and 18 account for only 1% of LFAs 15 to 22 landings, but landings have dramatically increased in LFAs 15 to 18 in recent years. The fishing effort in LFAs 15 to 18 is low, though available landings data are potentially incomplete (DFO 2016q). There are still few data available from the catches due to the low level of lobsters being measured. More data are required on recruitment and egg production in these areas. Exploitation rates are suggested to be lower in LFAs 15 and 16 compared to other local regions, and they have three modes in the size structure of commercial-size lobsters. The average size has remained around 97 to 98 mm CL recently, which has increased since the increase of MLS. The prevalence of jumbo lobsters has increased, occurring at rates of 3.2% and 3.6% in 2014 and 2015, respectively (DFO 2016q).

LFA 17B Landings reached over 500 t in 2015 (an increase of 189% from 2011). Size distributions have become less truncated in recent years, and the mean size of commercial lobsters has increased by 1.9 mm since 2011. This is due to a recent full recruitment of strong cohorts. There have also been a growing number of jumbo females suggesting increased production. Fishing effort has generally remained stable between 2009

22 and 2011 (DFO 2016q).

LFAs 19-21 In 2014 and 2015, a significant number of recruits entered the fishery in LFA 20 leading to size structures being truncated towards males sized 82 to 93 mm and females sized 82 to 89 mm. This is indicative of high exploitation rates. While the mean size and weight of landed lobsters remained stable since 2011, the prevalence of jumbo lobsters remains low (around 0.2% and 0.3% in 2011 to 2015, respectively). A fishing pressure index or exploitation rate determined variable levels for males with average exploitation rates of 71.6% for 2011 to 2014, a 7.2% decrease from the 78.8% rate in 2008 to 2010 (below the series average (1986 to 2013). There is a concern that the sex ratio could become more favored towards females as they are released when berried (DFO 2016r).

Compared to LFA 20, the size structures of LFA 19C was more spread, with several molt classes and a higher proportion of jumbo lobsters. However, the proportion of jumbo lobsters has decreased from 5.2% in 2011 to 2.2% in 2015 and the average size and average weight of landed lobsters also decreased (98.5 mm/786 g in 2011 to 96.7 mm/744 g in 2015), both due to an increased proportion of young molt classes. Exploitation rates are much lower in LFA 19C, (around 30%) and sex ratios appear healthier for mating (DFO 2016r).

Similarly, LFA 21B stock structure was less truncated than found in LFA 20. The proportion of jumbo females dramatically fluctuated between 2011 and 2015, from 0.6% to 5.5%. However, the sample size of lobsters measured is low and therefore, fluctuations should be interpreted with caution. Exploitation rates are incalculable for LFA 21B, but are likely to be high (using size structures data). Sex ratios are strongly biased towards males (> 2.0) (DFO 2016r).

LFA 22 The size structures of commercial lobsters in LFA 22 are truncated and dominated by younger molt classes from new recruits (DFO 2016s), indicating high exploitation rates. The average size and weight of lobsters has either been stable in the trawl survey or has slightly increased from 91.1 mm/619 g in 2011 to 92.0 mm/640 g in 2015 (south) and 92.2 mm/640 g to 93.1 mm/662 g in the north. The proportion of jumbo lobsters is generally less than 1%. The exploitation rate has declined since 2010 (65.4% in the south, which is lower than the series average (1985 to 2009) at 67.6% and 63.8% in the north, which is higher than the series average (1985 to 2009) at 60.3%). The sex ratio is currently appropriate for mating (DFO 2016s).

AMERICAN LOBSTER Factor 1.1 - Abundance

CANADA/NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE Low Concern The most recent assessment of lobsters in the southern Gulf of St. Lawrence (sGSL; LFAs 23, 24, 25, 26A, and 26B) was published in 2016. The 2016 assessment used a variety of fishery-dependent and fishery- independent data to generate a broad overview of trends in the stock's abundance and production. Multiple indicators were used in all LFAs to assess stock status (SCUBA, larvae collectors, landings). All indicators were positive in all LFA except for one indicator in LFA 26A (DFO 2016t). The preliminary landings for 2015 show that the landings are well above the precautionary approach’s USR (DFO 2016t). Indicators suggest that lobster is in high abundance in all LFAs, except for sub region 26AD, which represents a small part of LFA26A (DFO 2016t). Landings are more than double the long-term median and the highest of the time series (DFO 2016t). Fishery-independent recruitment indicators also indicate significant increases. Fishery-dependent data are also positive with CPUE of berried females and pre-fishery recruits in their highest range for most areas, except sub-region 26AD (DFO 2016t). Although improvements in logbook requirements were implemented in 2014, there is still concern over the accuracy and availability of catch data. This is due to some uncertainty associated with non-recorded lobster catches, which are due to other legal sales, personal consumption and

23 potential illegal fishing (DFO 2016t).

The PSA demonstrates that the lobster has a medium vulnerability to fisheries in this region. Data-limited methods suggest that the stock is experiencing mostly positive trends. Therefore, Seafood Watch deems the abundance to be a “low" concern. Justification:

Figure 8 Map showing the sub-regions used for assessing the lobster stock status in the southern Gulf of St. Lawrence.

Landings from all LFAs (13,798 t) are significantly higher than the USR (Figure 4). Landings have increased since the last assessment (e.g., by 54% in LFA 24) and have reached or exceeded historical levels. Increased protection of highly fecund large females have been conducive to increased egg production and recruitment (DFO 2016t). Most LFAs have collected data using at-sea sampling programs for data on lobster size (CL), sex, egg stage and number of traps and their locations. Other data programs included a recruitment-index program and fishery-independent surveys such as trawl, SCUBA, and bio-collectors to determine patterns of post-larval settlement (DFO 2016t).

24 Figure 9 Lobster landings (t) in the sGSL from 1892 to 2015. Horizontal solid (red) line is the median landing of the time series for 1947 to 2011 (10,933 t). The dashed (green) line represents the USR (13,798 t). Source (DFO 2016t).

LFA 23: Average CPUE from both the at-sea sampling and the recruitment-index programs show high values in recent years. Standardized abundance of all-size groups of lobster (SCUBA surveys) have increased steadily and significantly in LFAs 23. Catch rates of berried females from the recruitment-index and at-sea sampling data have reached their highest values in recent years (2013 to 2016) and sub-region 23BC had the highest increase in CPUE (double those observed in 2012) (DFO 2016t).

LFA 24: Average CPUE from both the at-sea sampling and the recruitment-index programs show high values in recent years but LFA 24 is not as high a level as other LFAs. Similarly, catch rates of pre-fishery recruitment size lobsters have increased at a lower rate in LFA 24. However, bio-collector surveys showed extremely high lobster settlement in LFA 24 (DFO 2016t).

LFA 25: Average CPUE from both the at-sea sampling and the recruitment-index programs show high values in recent years. Sub-region 25N has some conflicting results: a 16% increase in CPUE from the recruitment- index program, but a decrease of 16% in CPUE from the at-sea sampling data (DFO 2016t). There are some reasons for these conflicts e.g., a sharp reduction in licences from 2011 to 2012 could cause higher catch rates, and a decrease in CPUE is perceived to be due to a high CPUE value in 2012. A fishery-independent trawl survey yielded positive results: all-size lobster abundance increased by 1.9 and 3.3-fold (mean lobster weight in kg per standardized tow) for sub-regions 25N and 25S, respectively and the modelled biomass index for LFA 25 increased 2.6-fold between 2012 and 2016. Also, all-size groups of lobster in SCUBA surveys showed steady and significant increases between 2003 and 2016 in LFA 25. Sharp increases were found in catch rates of pre-fishery recruitment-size lobsters from the recruitment-index program in 25S. The abundance of settlers in bio-collectors surveys showed extremely high lobster settlement in sub-region 25N with record high abundances (DFO 2016t).

LFA 26A: A trawl survey showed that mean lobster weight increased by 7.5-fold in 26AD and the modelled biomass index for LFA26A has doubled between 2012 and 2016. Standardized abundance of all-size groups of lobster in SCUBA surveys show a low and unchanged abundance for LFA 26AD. Catch rates of pre-fishery

25 recruits sharply increased for 26AD. Berried females CPUE (recruitment-index and at-sea sampling data) have reached their highest values in recent years (2013 to 2016) with particularly large increases in 26ANS. Trawl surveys indicate that biomass of sub-legal size lobsters has increased sharply by 71.8 times in 26AD between 2012 and 2016. Abundances of 1-year old lobsters in SCUBA surveys (2003 and 2016) have significantly increased in all sub-regions, except 26AD. Sub-region 26AD has the lowest abundance of 1-year old lobsters with no improvement (DFO 2016t).

LFA 26B: Landings have reached historical highs over the past 5 years, slightly exceeding early 1990's values. The percentage of empty traps is stable (~28% in 2016) from the recruit-index program (DFO 2016t).

Productivity-Susceptibility Analysis (if Applicable):

Scoring Guidelines

1.) Productivity score (P) = average of the productivity attribute scores (p1, p2, p3, p4 (finfish only), p5 (finfish only), p6, p7, and p8 (invertebrates only))

2.) Susceptibility score (S) = product of the susceptibility attribute scores (s1, s2, s3, s4), rescaled as follows: �� = [(��1 ∗ ��2 ∗ ��3 ∗ ��4) – 1/ 40 ] + 1 .

3.) Vulnerability score (V) = the Euclidean distance of P and S using the following formula: �� = √(P2 + S) 2

PSA score = 3.181. For this reason, the species is deemed high vulnerability (based on PSA scoring tool). Detailed scoring of each attribute is shown below.

Productivity Score (1 = low risk, 2 = Relevant Information Attribute medium risk, 3 = high risk) Average age at 5 to 12 years/7 to 10 years (generation time) Medium (2) maturity (Tremblay et al. 2012b) Average maximum >30 years (Lawton and Lavalli 1995) High (3) age 10,000 to 100,000 eggs (Waddy et al. 1995) Fecundity Low to medium (2)

Reproductive Brooder (Factor 1995) Medium (2) strategy Trophic level 3.07 (Eddy et al. 2017) Medium (2) Density dependence No dispensatory or compensatory dynamics Medium (2) (invertebrates only) demonstrated or likely (Lawton and Lavalli 1995) Productivity score (2+3+2+2+2+2)/6 = 2.167

Score (1 = low risk, Susceptibility Relevant Information 2 = medium risk, 3 Attribute = high risk)

26 Areal overlap Areal overlap for this are is unknown High (3) (Considers all fisheries)

Vertical overlap High overlap High (3) (Considers all fisheries) Selectivity of fishery Berried females represent around 8% of the spring fishery catch in LFAs 23, 24, 26A, 26B and 23% of the fall fishery catch in LFA Medium (2) (Specific to 25 (Criquet and Brêthes 2016a) fishery under assessment) Post-capture mortality Evidence of some (33 to 66%) individuals released and survive post-capture. Post capture mortality is assumed to be near to Medium (2) (Specific to zero (Criquet and Brêthes 2017a). fishery under assessment) Susceptibility [((3*3*2*3)-1)/40]+1 = 2.325 score

V = √ P2 +S 2

V = √ 2.1672 + 2.325 2

V = √ 4.709 + 5.406

V = √ 10.115

V = 3.178* = Medium Vulnerability

*Values shown are rounded to 3 decimal places for display purposes, actual values result in the vulnerability score presented when entered into the formula.

Factor 1.2 - Fishing Mortality

CANADA/NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE Moderate Concern Previously, the fishery has experienced high exploitation rates (DFO 2013b). The sGSL region has seen increased landings in recent years. This is due to favorable environmental factors and increased egg

27 production (attributable to an increase in MLS and a maximum size protection for females), increasing recruitment in the fishery (DFO 2016t).

Data are currently inadequate to suggest exploitation rates. Instead, fishing pressure indicators are used to determine the level of effort in the fishery (using data on the proportion of empty traps, trends in nominal effort using license or trap data) (DFO 2016t). Most areas have seen reductions in the percentage of empty traps, though some areas, such as LFA 26A and B still have high levels of empty traps (>20%). Trap reduction programs since 2012 have led to a 12% nominal decrease in number of traps (DFO 2014i).

The fishing mortality relative to a sustainable level is unknown since there are no reference points; therefore, Seafood Watch considers fishing mortality to be a “moderate” concern. Justification: In recent assessments, the only area with a weak or negative trend in landings was central Northumberland Strait (sub-regions 25S and 26AD). The percentage of empty traps has decreased in almost every LFA since 2012 with an average of less than 20% empty traps per fishing trip. Subregion 26AD had slightly higher levels (23% in 2016) but have still seen decreases since 2011 (47%). LFA 26B has seen stable results of 28% in 2016 (DFO 2016t).

There have been a significant reduction of licenses removed from the fishery as part of the Atlantic Lobster Sustainability Measures program. The total number of licenses in the sGSL decreased by 1% from 2012 to 2016. Additionally, trap allocations reduced from 250 to 225 within LFA 25 and from 275 to 255 in sub-LFA 26A2. Since 2012, there was a decrease of more than 24,000 lobster traps, representing a 12% nominal decrease in number of traps (DFO 2014i).

AMERICAN LOBSTER Factor 1.1 - Abundance

CANADA/NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON Moderate Concern The most recent stock status update for LFAs 27 to 33 was published in 2018. Abundance is unknown relative to reference points and therefore, data-limited indicators (landings and catch rates) are used to determine the stock status. Across all three regions, recent landings have been much higher than the estimated URP (80% of median 1985 to 2009 landings) (DFO 2017g). All indicators generally show a positive trend: landings were all above the USRs for LFAs 28 to 32 at the end of the 2017 season and catch rates of legal and sublegal lobsters are high compared to their historic levels (DFO 2018e).

Lobster is considered to be of medium vulnerability to trap fisheries and data-limited indicators show generally positive trends; however, the data-limited methods use similar data and parameters and as a result the uncertainty within one indicator is not taken into account by another. SFW requires that a fishery should have two or more data-limited indicators from independent data streams in order to score a low concern (if both indicators suggest positive stock status). Where multiple indicators are available but are not independent, the data sets are influenced by the same sources of uncertainty and the use of the multiple indicators does not provide enough certainty that stock is healthy. Seafood Watch considers abundance of lobster to be a "moderate" conservation concern.

28 Justification:

Figure 10 Map of the Lobster Fishing Areas (LFAs) 27-33.

Figure 11 Map of the Lobster Fishing Areas (LFAs) 27-33. Source: (DFO 2017g)

Reference points have been defined for LFAs 27, 28 to 32, and 33, which are created using landings data. Other abundance and biomass proxies are calculated using landings, commercial catch rates and catch rates of sublegal sizes from Fishermen Scientists Research Society (FSRS) recruitment traps to the end of the 2017 fishing season (2016–17 for LFA 33) (DFO 2018e).

LFA 27: Mean landings between 2014 to 2016 (3,837 t), were above the URP (at 1,629 t). Over the past four years, CPUE values in LFA 27 north and south were higher than those recorded for 2008 to 2012 and voluntary log statistics. In LFA 27 north and south catch rates declined or were stable over the previous three years but

29 increased for 2017. For LFA 27 north and south, CPUE of sublegals increased since 2013, when compared to the 1999 to 2012 period. These increases are attributed to increases in MLS (which automatically classified many formerly legal sized lobsters into the sublegal category but were still captured in the studies) (DFO 2018e).

LFA 28 to 32: Commercial landings for LFAs 28 to 32 were all above long-term means. Mean landings during the period 2014 to 2016 (4,254 t) were substantially above the URP value (688 t). CPUEs increased in 2017 from 2016 values and all were at or above the mean of the full time series. In LFAs 29 and 31A, sublegal catch rates had increased throughout the last several years, but have subsequently stabilized or decreased in 2017. In LFA 30, 31B and 32, catch rates were fairly stable over the past several years, and were at levels above those recorded between 1999 and 2004 (DFO 2018e).

LFA 33: Mean landings were among the highest on record in 2017. Landings during the period 2014 to 2016 (7,651 t) were above the URP value (1,838 t). Commercial CPUE values are higher in the west compared to the east, but CPUE values have increased consistently in both areas since 2008. However, values have subsequently declined in 2017. In LFA 33E, catch rates were fairly stable over the past several years, at levels above those recorded between 1999 and 2004. In LFA 33W, sublegal CPUE gradually increased from the early 2000s and 2015, but have declined since (DFO 2018e).

Productivity-Susceptibility Analysis:

Scoring Guidelines

1.) Productivity score (P) = average of the productivity attribute scores (p1, p2, p3, p4 (finfish only), p5 (finfish only), p6, p7, and p8 (invertebrates only))

2.) Susceptibility score (S) = product of the susceptibility attribute scores (s1, s2, s3, s4), rescaled as follows: �� = [(��1 ∗ ��2 ∗ ��3 ∗ ��4) – 1/ 40 ] + 1 .

3.) Vulnerability score (V) = the Euclidean distance of P and S using the following formula: �� = √(P2 + S) 2

PSA score = 2.865. For this reason, the species is deemed medium vulnerability (based on PSA scoring tool). Detailed scoring of each attribute is shown below.

Productivity Score (1 = low risk, 2 = Relevant Information Attribute medium risk, 3 = high risk) Average age at 5 to 12 years/7 to10 years (generation time) Medium (2) maturity (Tremblay et al. 2012b) Average maximum >30 years (Lawton and Lavalli 1995) High (3) age 10,000 to 100,000 eggs (Waddy et al. 1995) Fecundity Low to medium (2)

Reproductive Brooder (Factor 1995) Medium (2) strategy Trophic level 3.07 (Eddy et al. 2017) Medium (2)

30 Density dependence No dispensatory or compensatory dynamics Medium (2) (invertebrates only) demonstrated or likely (Lawton and Lavalli 1995) Productivity score (2+3+2+2+2+2)/6 = 2.17

Score (1 = low risk, 2 Susceptibility Relevant Information = Attribute medium risk, 3 = high risk) Areal overlap Areal overlap is unknown in this area High (3) (Considers all fisheries) Vertical overlap High overlap High (3) (Considers all fisheries) Selectivity of fishery The species is targeted. Juveniles are likely to escape from escape vents, Medium though berried females comprise about 20% of the catch (Criquet, Brêthes, and (Specific to (2) Allain 2015a). fishery under assessment) Post-capture LFAs 27 to 33 show an average ratio of 0.54 (kg lobster discarded / kg lobster mortality landed) = 54% (DFO 2014d). A recent study showed that all lobsters survived discarding (Criquet and Brêthes 2017a); however, if an average of 89% survive Medium (Specific to discarding (depending on handling and fishing method) (Revill 2012), then there (2) fishery under is a 48% survival rate in total. Thus, there is evidence that some (33 to 66%) assessment) individuals released survive post-capture. Susceptibility [((3*3*2*2)-1)/40]+1 = 1.875 score

V = 2.865 = Medium Vulnerability

31 Factor 1.2 - Fishing Mortality

CANADA/NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON Moderate Concern The most recent stock assessment update was published in 2018, but it did not include indices of exploitation (DFO 2018e). However, in an assessment from 2012 an index of exploitation was estimated to have remained stable or slightly declined for all LFAs, were less than historic levels, and were less than candidate reference levels that were derived from the historical data (Tremblay et al. 2012a). Landings are currently high relative to historical landings, with landings in LFA 33 being the highest on record, increasing from 7,069 mt in 2015, to 10,049 t in 2016, and declining to 8,017 t in 2017 (DFO 2018e).

Fishing mortality relative to a sustainable level is unknown, since reference points have not been established. Seafood Watch therefore considers fishing mortality to be a “moderate” concern. Justification: The most recent assessment does not provide information relevant to fishing mortality, but the 2012 assessment provides information summarized below. Unless otherwise noted, the source for information in this section is (Tremblay et al. 2012a).

From the early 2000s through 2012, an index of exploitation did not increase for LFAs 27 to 33. For LFA 27, this index varied without trend, and the mean estimated exploitation rate index for 2008 to 2010 (0.77) was essentially equal to the 1999 to 2007 median (0.76). The exploitation index for LFAs 29 and 30 showed a general decreasing trend in the past several years. No trend is apparent for LFAs 31 and 32. The mean exploitation index for LFAs 29 to 32 in 2008 to 2010 (0.61) was lower than the 2000 to 2007 median (0.70). For LFA 33, there was a slight decline in the exploitation index for females; the mean of the overall exploitation index for LFA 33 in 2008 to 2010 (0.67) was below the median value for 2000 to 2007 (0.76). For all LFAs, recent landings are shown in Figure 40.

For many of the LFAs, trap hauls increased between 2004 and approximately 2008, and have remained either steady or have declined slightly in the years since (Figure 3.6 in (Tremblay et al. 2012a)). Mean days fished per fisher show no trend for LFAs 27, 28, 30, and 32, and show increasing trends between approximately 2002 and 2008 for LFAs 29, 31a, 31b, and 33 (Figure 3.8 in (Tremblay et al. 2012a)).

Median sizes for LFA 27 have steadily increased since the late 1990s (Figure 3.14 in (Tremblay et al. 2012a)); the authors of the stock assessment attribute this trend to increases in the MLS. Median sizes have sometimes shown increasing and decreasing trends for LFAs 29, 31A and 31B, and 32, but for all of these LFAs the most recent values are similar to those at the start of the time series. Median sizes in LFA 33 have varied without showing obvious trends.

Figure 12 Landings in Eastern Scotian LFAs. Source: (Criquet & Brêthes 2016a)

32 AMERICAN LOBSTER Factor 1.1 - Abundance

CANADA/NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY Low Concern For both Southwest Nova Scotia and the Bay of Fundy, landings are at all-time highs (DFO 2017i}. LFA 34 produces the highest landings of all LFAs in Canada (DFO 2018i). For LFAs 34, 35, 36 and 38, CPUE has increased in recent years (DFO 2017h)(DFO 2017i}. Both fishery-dependent and independent indices were used to determine stock status: the fishery-dependent stock status was determined by calculating the landings and CPUE and comparing to LRPs and URPs which are 40% and 80% of the median historical value (the URP is considered a proxy for BMSY ). Recent landings in the Southwest Nova Scotia and Bay of Fundy assessment units are well above BMSY proxies. The stock in both Southwest Nova Scotia (LFA 34) and Bay of Fundy (LFAs 35, 36 and 38) are considered by the DFO to be in the healthy zones. Fishery-independent data were calculated using the mean lobster catch per tow from trawl data (ITQ and RV survey). The three-year running mean for each index were above the URPs (DFO 2017h)(DFO 2017i}.

Since lobster is deemed to be of medium vulnerability in these regions and biomass is above the proxy reference points, the stock status of lobster in Southwest Nova Scotia and the Bay of Fundy is scored "low" concern.

33 Figure 13 Map of Lobster Fishing Area (LFA) 34 and adjacent LFAs. Source: (DFO 2017h)

The authors of a recent stock assessment reviewed available information and determined that lobster in southwest Nova Scotia and the Bay of Fundy can be defined as two assessment units: LFA 34 (Southwest Nova Scotia), and LFAs 35, 36 and 38 (Bay of Fundy). The most recent assessments are based on both fishery-dependent and fishery-independent data.

Southwest Nova Scotia (LFA 34): Three indicators (landings, commercial catch rate (total landings per total trap hauls) and lastly, the mean number of lobsters per tow in the fishery-independent Inshore Lobster Trawl Survey) were used to determine that the stock is healthy and above the 3-year running mean. Landings in the 2016-17 fishing season 22% lower than 2015-16 landings (which were the highest on record). The 3- year running mean of landings (25,325 t) were above the USR (8,867 t), defined as 80% of the median legal lobster landings for the period 1984-1985 to 2008-2009 (Figure 7). The commercial catch rate increased substantially since 1999-2000, peaking in 2016-2017 at 1.17 kg/trap haul. The current 3-year running mean (1.26 kg/trap haul) was substantially above the USR (0.62 kg/trap haul), where the USR was defined as 80% of the median catch rates for the reference period 1998-1999 to 2008-2009. The mean number of lobsters per tow independent survey was not updated in the most recent assessment (DFO 2018i). The previous assessment showed that observed increasing values with 3-year running mean (~75 lobsters/tow) in the 2016 survey, above the USR (13.9 lobsters/tow) (DFO 2017h).

34 Figure 14 Annual lobster landings in the LFA 34 commercial fishery (1892 to 1975 (grey bars)) (seasonal commercial landings (black bars) from 1976 to 2016-2017 season). The horizontal blue line or USR is the 80% of the median of landings (1985 to 2009 (8867 t)). The dashed red line is the 3-year running mean of landings. The dashed green line is the 3-year running median. Source (DFO 2018i).

Bay of Fundy (LFAs 35, 36 and 38):

35 Figure 15 Lobster Fishing Areas (LFA) 35-38 in the Bay of Fundy. Lobster Fishing Area 37 is a shared fishing area between LFAs 36 and 38. Source: (DFO 2017i)

LFAs 35-38 in the Bay of Fundy and are analyzed as one fishery unit. Similar to LFA 34, three biomass indicators are used in the stock assessment (landings, the commercial catch rate (total landings/total trap hauls from logbook data) and the stratified mean of number of lobsters per tow is from fishery-independent trawl survey data.

Total landings were the highest on record. However, landings have slightly decreased (6.5%) in LFA 35 and increased in LFAs 36 (4%) and 38 (13%). In the fishing season 2015-2016, the 3-year running mean (12,206 mt) was 7 times the USR (1,575 mt), defined as 80% of the median for the period 1984-1985 to 2008-2009. The commercial catch-per-unit-effort has increased since 1998-1999 with the 2015-2016 values at the third highest on record. The current 3-year running mean is 2.37 kg/trap haul which is four times the USR (0.58 kg/trap haul) and is defined as 50% of the median for the reference period 2005-06 to 2008-09 (DFO 2017i).

The survey area does not cover highly productive areas, such as those shallower than 50 meters in the Bay of Fundy. In the Bay of Fundy, the size at which 50% of the population reaches maturity (50% SAM) is > 90 mm CL, however, the minimum legal size is 82.5mm CL (DFO 2017i). The abundance of the stock shows a recruitment fishery (meaning that they are heavily dependent on new recruits (the size of which depends on the LFA’s MLS) and monitoring broodstock abundance is recommended to reduce the risk of recruitment overfishing (DFO 2016u).

Productivity-Susceptibility Analysis:

Scoring Guidelines

1.) Productivity score (P) = average of the productivity attribute scores (p1, p2, p3, p4 (finfish only), p5 (finfish only), p6, p7, and p8 (invertebrates only))

2.) Susceptibility score (S) = product of the susceptibility attribute scores (s1, s2, s3, s4), rescaled as follows: �� = [(��1 ∗ ��2 ∗ ��3 ∗ ��4) – 1/ 40 ] + 1 .

3.) Vulnerability score (V) = the Euclidean distance of P and S using the following formula: �� = √(P2 + S) 2

PSA score = 2.865. For this reason, the species is deemed medium vulnerability (based on PSA scoring tool). Detailed scoring of each attribute is shown below.

Productivity Score (1 = low risk, 2 = Relevant Information Attribute medium risk, 3 = high risk) Average age at 5-12 years /7-10 years (generation time) Medium (2) maturity (Tremblay et al. 2012b) Average maximum >30 years (Lawton & Lavalli 1995) High (3) age 10 000 – 100 000 eggs (Waddy et al. 1995) Fecundity Low – medium (2)

Reproductive strategy Brooder (Factor 1995) Medium (2)

36 Trophic level 3.07 (Eddy et al. 2017) Medium (2)

Density dependence No dispensatory or compensatory dynamics Medium (2) (invertebrates only) demonstrated or likely (Lawton & Lavalli 1995) Productivity score (2+3+2+2+2+2)/6 = 2.17

Score (1 = low risk, 2 Susceptibility Relevant Information = Attribute medium risk, 3 = high risk) Areal overlap Areal overlap is unknown in this area High (3) (Considers all fisheries) Vertical overlap High overlap High (3) (Considers all fisheries) Selectivity of fishery The species is targeted. Juveniles are likely to escape from escape vents, Medium though berried females comprise about 20% of the catch (Criquet, Brêthes & (Specific to (2) Allain 2015a). fishery under assessment) By far, the majority of landings occurs in LFA 34. LFA 34 is the only LFA in the region to determine its lobster discard rates were the kg lobster discarded / kg Post-capture lobster landed = 74% (DFO 2014d). If an average of 89% survive discarding mortality (depending on handling and fishing method) (Revill 2012), then around 66% of Medium those lobsters should survive. However, as mentioned in section 2.3, most of (Specific to (2) lobsters discarded are shorts, therefore, mortality is likely higher. Additionally, fishery under since the level of post-capture mortality nor discard rate is unknown in LFAs 35- assessment) 38 (around 10,000mt), then there is evidence of some (33- 66%) individuals released and survive post-capture. Susceptibility [((3*3*2*2)-1)/40]+1 = 1.875 score

37 V = 2.865 = Medium Vulnerability

Factor 1.2 - Fishing Mortality

CANADA/NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY Moderate Concern Current landings in LFAs 34 and 36 to 38 are at record highs, though exploitation rates have not been determined or tested for their suitability since the 2013 assessment (DFO 2017h} (DFO 2017i). In the 2013 assessment, exploitation rates in LFA 34 were estimated to be high relative to other LFAs, and were high for many years (Tremblay et al. 2013). This information, combined with the LFA 34 fishery's relatively recent expansion to mid-shore and offshore waters and the unprecedentedly high landings of recent years (Figure 7), suggest that a cautious score is warranted for fishing mortality. Tremblay et al. (2013) estimated that exploitation rates in the upper Bay of Fundy (LFA 35) were lower than LFA 34. Since fishing mortality relative to reference points is unknown, fishing mortality for Southwest Nova Scotia and the Bay of Fundy is scored "moderate" concern. Justification: Southwest Nova Scotia (LFA 34):

The 2018 update assessment does not provide fishing mortality reference points or exploitation rates. The last assessment that discussed exploitation rates for the fishery was in 2013 and is discussed below. Landings in LFA 34 have been increasing since the 1980's. They were at record highs in the 2015–2016 season but then declined by 22% between the 2015–2016 and 2016–2017 seasons (Figure 7) (DFO 2018i).

In the 2013 stock assessment, exploitation rates for LFA 34 were estimated using two different approaches: Continuous Change in Ratio (CCIR), and Length Cohort Analysis (LCA). The CCIR method was applied to the nearshore waters of LFA 34, and yielded results to indicate that exploitation rates in 2012 were high (0.81 to 0.95, depending on grid group; (Tremblay et al. 2013) note that CCIR results should be interpreted as an index, rather than as an estimate of absolute exploitation rate). The CCIR results also indicate that exploitation rates have increased in recent years for some grid groups, and have stayed essentially unchanged for others (Tremblay et al. 2013). The authors of the stock assessment note that CCIR exploitation rates are substantially higher in LFA 34 than for other LFAs. The LCA results indicate that, as of 2009–2010, exploitation rates were higher in nearshore waters (0.78) than in mid-shore (0.62) and offshore (0.40) waters (Tremblay et al. 2013).

Bay of Fundy (LFAs 35, 36, and 38):

While a lack of data precluded an assessment of exploitation rates for LFAs 35, 36, and 38, partial application of the CCIR method yielded results to indicate that exploitation rates in the upper Bay of Fundy (0.67) are lower than LFA 34 (Tremblay et al. 2013). LFAs 35 to 38 border the two biggest lobster fisheries in the Northwest Atlantic (LFA 34, with annual landings nearing 30,000 MT and Downeast Maine with annual landings averaging 30,000 MT since 2012 (DFO 2017i).

38 Criterion 2: Impacts on Other Species

All main retained and bycatch species in the fishery are evaluated under Criterion 2. 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. Species are evaluated using the same guidelines as in Criterion 1. When information on other species caught in the fishery is unavailable, the fishery’s potential impacts on other species is scored according to the Unknown Bycatch Matrices, which are based on a synthesis of peer-reviewed literature and expert opinion on the bycatch impacts of each gear type. The fishery is also scored for the amount of non-retained catch (discards) and bait use relative to the retained catch. To determine the final Criterion 2 score, the score for the lowest scoring retained/bycatch species is multiplied by the discard/bait score. 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 Crtitical

Guiding Principles Ensure all affected stocks are healthy and abundant. Fish all affected stocks at sustainable level. Minimize bycatch.

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.

AMERICAN LOBSTER - CANADA/NORTHWEST ATLANTIC - POTS - CANADA - EASTERN CAPE BRETON Subscore: 1.000 Discard Rate: 1.00 C2 Rate: 1.000 Species Abundance Fishing Mortality Subscore Atlantic herring 1.00:High Concern 1.00:High Concern Red (1.000) Atlantic mackerel 1.00:High Concern 1.00:High Concern Red (1.000) North Atlantic right whale 1.00:High Concern 1.00:High Concern Red (1.000) Humpback whale 1.00:High Concern 1.00:High Concern Red (1.000) Leatherback turtle 1.00:High Concern 3.00:Moderate Concern Red (1.732) Cusk 1.00:High Concern 3.00:Moderate Concern Red (1.732) Atlantic cod 1.00:High Concern 5.00:Low Concern Yellow (2.236) Wolffish (unspecified) 1.00:High Concern 5.00:Low Concern Yellow (2.236) Fin whale 1.00:High Concern 5.00:Low Concern Yellow (2.236) Atlantic rock crab 2.33:Moderate Concern 3.00:Moderate Concern Yellow (2.644)

39 AMERICAN LOBSTER - CANADA/NORTHWEST ATLANTIC - POTS - CANADA - NEWFOUNDLAND & LABRADOR Subscore: 1.000 Discard Rate: 1.00 C2 Rate: 1.000 Species Abundance Fishing Mortality Subscore Atlantic mackerel 1.00:High Concern 1.00:High Concern Red (1.000) Atlantic herring 1.00:High Concern 1.00:High Concern Red (1.000) North Atlantic right whale 1.00:High Concern 1.00:High Concern Red (1.000) Humpback whale 1.00:High Concern 1.00:High Concern Red (1.000) Leatherback turtle 1.00:High Concern 3.00:Moderate Concern Red (1.732) Atlantic cod 1.00:High Concern 5.00:Low Concern Yellow (2.236) Fin whale 1.00:High Concern 5.00:Low Concern Yellow (2.236) Atlantic rock crab 2.33:Moderate Concern 3.00:Moderate Concern Yellow (2.644)

AMERICAN LOBSTER - CANADA/NORTHWEST ATLANTIC - POTS - CANADA - QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE Subscore: 1.000 Discard Rate: 1.00 C2 Rate: 1.000 Species Abundance Fishing Mortality Subscore Atlantic mackerel 1.00:High Concern 1.00:High Concern Red (1.000) Atlantic herring 1.00:High Concern 1.00:High Concern Red (1.000) North Atlantic right whale 1.00:High Concern 1.00:High Concern Red (1.000) Humpback whale 1.00:High Concern 1.00:High Concern Red (1.000) Leatherback turtle 1.00:High Concern 3.00:Moderate Concern Red (1.732) Atlantic cod 1.00:High Concern 5.00:Low Concern Yellow (2.236) Fin whale 1.00:High Concern 5.00:Low Concern Yellow (2.236) Atlantic rock crab 2.33:Moderate Concern 3.00:Moderate Concern Yellow (2.644)

AMERICAN LOBSTER - CANADA/NORTHWEST ATLANTIC - POTS - CANADA - SOUTHERN GULF OF ST. LAWRENCE Subscore: 1.000 Discard Rate: 1.00 C2 Rate: 1.000 Species Abundance Fishing Mortality Subscore North Atlantic right whale 1.00:High Concern 1.00:High Concern Red (1.000) Atlantic herring 1.00:High Concern 1.00:High Concern Red (1.000) Atlantic mackerel 1.00:High Concern 1.00:High Concern Red (1.000) Humpback whale 1.00:High Concern 1.00:High Concern Red (1.000) Leatherback turtle 1.00:High Concern 3.00:Moderate Concern Red (1.732)

40 Atlantic cod 1.00:High Concern 5.00:Low Concern Yellow (2.236) Wolffish (unspecified) 1.00:High Concern 5.00:Low Concern Yellow (2.236) Fin whale 1.00:High Concern 5.00:Low Concern Yellow (2.236) Atlantic rock crab 2.33:Moderate Concern 3.00:Moderate Concern Yellow (2.644)

AMERICAN LOBSTER - CANADA/NORTHWEST ATLANTIC - POTS - CANADA - SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY Subscore: 1.000 Discard Rate: 1.00 C2 Rate: 1.000 Species Abundance Fishing Mortality Subscore North Atlantic right whale 1.00:High Concern 1.00:High Concern Red (1.000) Atlantic herring 1.00:High Concern 1.00:High Concern Red (1.000) Atlantic mackerel 1.00:High Concern 1.00:High Concern Red (1.000) Humpback whale 1.00:High Concern 1.00:High Concern Red (1.000) Leatherback turtle 1.00:High Concern 3.00:Moderate Concern Red (1.732) Cusk 1.00:High Concern 3.00:Moderate Concern Red (1.732) White hake 1.00:High Concern 5.00:Low Concern Yellow (2.236) Atlantic cod 1.00:High Concern 5.00:Low Concern Yellow (2.236) Wolffish (unspecified) 1.00:High Concern 5.00:Low Concern Yellow (2.236) Fin whale 1.00:High Concern 5.00:Low Concern Yellow (2.236) Atlantic rock crab 2.33:Moderate Concern 3.00:Moderate Concern Yellow (2.644)

Species considered in criteria 2 are either those which are Endangered, Threatened or Protected (ETP) species, species that represented >5% of the catch or species that are used for bait.

The data sources used to determine whether a species was an ETP species were either listed under the Species at Risk Act (SARA), the Committee on the Status of Endangered Wildlife in Canada (COSEWIC), or were listed as "Critically Endangered," "Endangered," "Vulnerable," or "Near Threatened" in the IUCN. Bycatch species were determined from independent bycatch studies or from studies conducted by the Department of Fisheries and Oceans, Canada.

The main bycatch species in the lobster fishery in Canada are wolffish, cusk and interactions were recorded with large marine mammals including the North Atlantic Right Whale (NARW), fin whales, and leatherback turtles.

Species that can be retained in lobster fisheries include rock crab, Jonah crab, green crab, sculpin and cunner (Table 4). However, the amount that is retained is generally low. Therefore, this report will not assess these retained species.

Management measures are implemented that reduce the risk of the lobster fishery on whale species (Criquet

41 and Brêthes 2016b). However, interactions with whales have been reported. NARW are listed as endangered under both the Canadian Species at Risk Act (SARA) and the US Endangered Species Act (ESA) (NOAA in review 2018a) and therefore are assessed in this report. Fin whales are also assessed in this report as they are listed as a species of "special concern" by SARA (since 2005) (DFO 2017x) and are listed as "Endangered" by the IUCN (Reilly et al. 2013). Though the level of concern for fin whale entanglement in fishing gear has been considered to be "low" (Table 1; (DFO 2017x)), they have been assessed for all areas since there are signs that some whale species' distributions are changing (Pace et al. 2017).

The Western North Atlantic Humpback (Megaptera novaeangliae) population and Minke whales are not assessed in this report. Humpback whales are listed as “not at risk” in the last COSEWIC report (COSEWIC 2003) but their SARA status is “special concern” (DFO 2018a). Minke whales are not assessed in this report as they are not listed as threatened or endangered under the Endangered Species Act, and the Canadian East Coast stock is not considered strategic under the Marine Mammal Protection Act (Hayes et al. 2017). They are considered as "Not at Risk" by COSEWIC (DFO 2018b). The minimum detected average annual mortality and serious injury in Canadian fisheries between 2010 and 2014 was well below the calculated potential biological removal (PBR) (Hayes et al. 2017). Although mortality relative to PBR was low, much of the entanglement-related mortality for Minke whales occurred within an "unassigned" country and detected interactions in the strandings and entanglement data "represent a minimum estimate" (NOAA in review 2018a).

In addition to species caught alongside lobster in the pot fisheries, consideration of species used as bait is also described here. A variety of species are used as bait, but the most prominent are herring, mackerel, and rock crab. There are a number of commercial herring fisheries along the Atlantic coast of Canada. It is not possible to determine the source of herring used as bait in most regions, therefore herring is assessed collectively for most fisheries. However, in the sGSL, there is a gillnet fishery specifically to provide bait for the lobster fishery. This is one of the only regions were data on bait are available. This fishery is included separately to reflect the impact of this activity on stocks in the region.

For the trap fishery in Newfoundland and Labrador and Eastern Cape Breton, mackerel and herring limit the score for Criterion 2. Mackerel is considered to be in a critical state and harvest rates have been high in relation to scientific advice. Herring abundance has been a cause of concern in the West Coast of Newfoundland spring fishery and fishing mortality with respect to reference points. Reference points may not be appropriate for this species as it is a forage fish.

For the trap fishery in sGSL, Quebec and nGSL, and Southwest Nova Scotia and Bay of Fundy, the NARW, mackerel, and herring limit the score for Criterion 2. NARW limit the score due to their high vulnerability, low populations and the high potential to interact with this gear type (considering their low population levels). Mackerel is considered to be in a critical state and harvest rates have been high in relation to scientific advice. Herring abundance has been a cause of concern in the West Coast of Newfoundland spring fishery and fishing mortality with respect to reference points. Reference points may not be appropriate for this species as it is a forage fish.

Criterion 2 Assessment SCORING GUIDELINES Factor 2.1 - Abundance (same as Factor 1.1 above)

Factor 2.2 - Fishing Mortality (same as Factor 1.2 above)

42 ATLANTIC MACKEREL Factor 2.1 - Abundance

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY High Concern The Northwest Atlantic mackerel stock ranges from Newfoundland to North Carolina and is impacted by a number of fisheries. Around half of mackerel used for bait is used in lobster fisheries in Canada; therefore, it is considered here as a main species in the fishery. The most recent assessment of mackerel in Canadian waters was conducted by the DFO in 2017 and demonstrated that the stock is in a critical state. The 2017 SSB is estimated at 48,283 t which is below the LRP (103,000 t) (DFO 2017f). Due to the critical level of abundance of mackerel in Canadian waters, Seafood Watch considers this a "high" conservation concern. Justification: The main indicators used to assess the state of the stock were: age structure and length frequency of catches, biological indicators (such as age-at-maturity), egg survey, and an abundance index. These data sources were used to create a censored catch-at-age statistical model. The model shows that the stock reached its lowest historical level in 2012, and since, has experienced slow growth (in years 2013 to 2016). Catch-at-age data show slight improvement in the age structure, but no significant improvement in recruitment since 1999 (DFO 2017f).

The model suggested that mackerel spawning biomass has decreased due to high exploitation rates (mainly in the 1990s and 2000s) reaching its historical minimum in 2012 (20,000 t). The spawning biomass slowly increased to approximately 40,000 t in 2016. If TACs are maintained around 8,000 t, the model projects that there is an 81% probability of an increase in biomass, and a 30% probability of attaining the LRP by 2019 (DFO 2017f).

Factor 2.2 - Fishing Mortality

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY High Concern The most recent stock assessment of mackerel in Canadian waters was in 2017; it showed that landings of mackerel had decreased over the last decade, from 54,621 t in 2005 to the lowest in the entire historical series at 4,143 t in 2015, followed by the fishery reaching its TAC of 8,000 t in 2016. Due to the critical level of abundance, scientific advice was to limit landings to 800 t in 2014 and 2015 in an attempt to aid rebuilding of the stock. However, the TAC and reported landings breached this advice in 2014, 2015, and 2016. Additionally, unreported catches (occurring from the bait, recreational fishery, and discards) are estimated to represent between 150% and 200% of reported catches (DFO 2017f). Due to the high levels of harvest relative to scientific advice and the unknown volumes caught and used as bait, Seafood Watch considers fishing mortality to be a "high" conservation concern.

43 Justification: In previous years, population projections did not incorporate bait use in its landings data, since they go unreported, and have been estimated at 6,000 t between 2011 and 2016 (where recorded 2016 landings were around 8000t). Because the use of mackerel as bait in the lobster fishery is not always reported, mackerel landings are underestimated. In lieu of these data, unrecorded catches have been estimated using available data and online survey for mackerel fishers (DFO 2017f).

Factor 2.3 - Modifying Factor: Discards and Bait Use Goal: Fishery optimizes the utilization of marine and freshwater resources by minimizing post-harvest loss. For fisheries that use bait, bait is used efficiently.

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 2.3 SCORE <100% 1 >=100 0.75

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR < 100% There is no discard and bait study for the region. In the absence of discard studies, similar studies (shown below), have found non-lobster bycatch rates between 5% (Criquet, Brêthes, and Allain 2015b) to 17% (Criquet et al. 2015c).and lobster discards of up to 74% in LFA 34 (Table 3 in (DFO 2014d)). Post-capture mortality of lobster is assumed to be near to zero (Criquet and Brêthes 2017a); therefore, if they are discarded, most are likely to survive except for soft-shell lobsters, which have higher mortality rates (Blyth- Skyrme et al. 2015b).

Other fisheries in Atlantic Canada likely have a bait plus discards-to-landings ratio of below 100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE < 100% There is no bycatch/discard and bait study for the region. However, neighboring fisheries (including the Gaspé Peninsula Marine Stewardship Council (MSC) assessment records that bait usually comprises mostly mackerel (75%), sGSL fall-spawning herring and some rock crab (Criquet et al. 2015c) where rock crab equated to around 1% of lobster landings. In the Gaspésie MSC fishery, 823 t of mackerel bait were recorded to be used in 2016 while 1,926 t lobster were landed (Criquet and Brêthes 2017b), which equates to nearly 43%. Bait use has apparently decreased over the past 10 years. In 2012, it was estimated to equal around 92% of the lobster catch and from DFO e-log data from 2015, was considered to form around 62% of lobster catches (Criquet and Brêthes 2016b).

Bycatch species form around 17% from a previous bycatch study. Around 10% of these are rock crabs, but rock crabs are considered often to be discarded, which have high survivability rates (Criquet et al. 2015c).

44 Therefore, bait plus discards-to-landings ratio is assumed to be <100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE < 100% Bait is mainly formed of mackerel and herring in this region. In the PEI MSC fishery, herring and mackerel bait represented 1,907 t and 1,687 t (totalling 3,594 t) in 2012. For the same area (PEI MSC fishery), 12,180 t of lobster were landed in 2012 (Criquet and Brêthes 2016c). Therefore, bait use represented 30% of lobster landings.

Around 95% of bycatch caught in the fishery is the target species and most discards are released alive, e.g., berried females and rock crab (Criquet, Brêthes, and Allain 2015b). Therefore, bait plus discards-to-landings ratio is assumed to be <100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON < 100% Throughout the Maritimes region (which includes LFAs 27 to 38), bait comprises the following species and amounts (mackerel, 8153 t; rock crab, 5512 t; herring, 7601 t), totaling 21,266 t in 2012 (Criquet, Brêthes, and Allain 2015b). Throughout this season, 40,862 t of lobster were landed in the Maritimes region (Criquet and Brêthes 2016a). Therefore, mackerel, herring and rock crab represented 20%, 19%, and 13% of lobster landings. Overall bait use represented 52% of lobster landings.

In previous bycatch studies conducted in LFAs 27 to 33, no bycatch species comprised 5% or more of the lobster catch. In another study, the non-lobster portion of the total catch ranged from 1.5% in LFA 31b to 13% in LFA 33 (DFO 2014d).

However, discards of lobster can be larger than the amount of those retained: in previous studies, 127% (LFA 27), 79% (LFA 32) and 22 to 25% (LFAs 30–31b) were discarded (DFO 2014d). Lobsters are assumed to have high survival rates and traps are designed to avoid capturing juveniles and berried females are usually released alive (Criquet, Brêthes, and Allain 2015b). However, in these studies, sublegal lobster represented a large amount of lobster discards (90% in LFAs 27, 33 and 34; 72 to 79% in LFAs 30–31b; 53% in LFA 32). In LFA 27, the MLS has increased from 77.5 mm in 2007 and is currently at 82.5mm (Appendix C), which has increased the number of discards. However, discard mortality is assumed to be near zero (Criquet and Brêthes 2017a).

Since bait use is approximately 50% of landings, lobster discard mortality is thought to be close to zero, and bycatch of non-target species is at most 13%, a total discard and bait use of <100% is assumed. Justification: To determine discard mortality, more studies are required to understand discard mortality of sublegal sized lobsters. Natural mortality changes dependent on many factors including lobster size (Tremblay et al. 2013) and tagging studies show that multiple captures may increase the damage and stress of molting lobsters (a process that undersized lobsters frequently undergo) (Pezzack et al. 2014). When lobsters have finished molting, they have a soft shell and experience higher levels of mortality at this time (Blyth-Skyrme et al. 2015b).

45 CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY

< 100% Throughout the Maritimes region (which includes LFAs 27 to 38), bait comprises the following species and amounts (mackerel, 8153 t; rock crab, 5512 t; herring, 7601 t), totaling 21,266 t in 2012 (Criquet, Brêthes, and Allain 2015b). Throughout this season, 40,862 t were landed in the Maritimes region (Criquet and Brêthes 2016a). Therefore, mackerel, herring, and rock crab represented 20%, 19%, and 13% of lobster landings. Overall bait use represented 52% of lobster landings.

The non-lobster catch is 14% in LFA 34 (DFO 2014d).

Discards of lobster in LFA 34 represent between 70% (Worcester 2013) or 74% (Table 3 in (DFO 2014d)), mostly (97%) comprising undersize lobsters (DFO 2013c). Discard mortality of lobsters is assumed to be near to zero (Criquet and Brêthes 2017a) and therefore, dead discards of lobster are assumed to be low.

Bait plus discards-to-landings ratio is likely to be under 100%; therefore, the score is multiplied by 1. Justification: To determine discard mortality, more studies are required to understand discard mortality of sublegal-sized lobsters. Natural mortality changes dependent on many factors including lobster size (Tremblay et al. 2013) and tagging studies show that multiple captures may increase the damage and stress of molting lobsters (a process that undersized lobsters frequently undergo) (Pezzack et al. 2014). When lobsters have finished molting, they have a soft shell and experience higher levels of mortality at this time (Blyth-Skyrme et al. 2015b).

ATLANTIC HERRING Factor 2.1 - Abundance

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY High Concern A number of herring stocks are targeted by commercial fisheries in the Canadian Atlantic.

Some stocks such as the West Coast of Newfoundland have established reference points while others do not. The status of stocks relative to reference points, where available, is also variable. A summary of stock status for herring in the Canadian Atlantic is provided in Table 2, and a thorough description is provided in Appendix D.

Available reference points are not consistent with Lenfest recommendations (as required in the Seafood Watch standards), which states that where low amounts of information are available for fisheries, near to 80% of virgin biomass should remain to prevent declines. This is not the case for herring described in these fisheries. As many herring stocks have an unknown stock status, while others indicate cause for concern, and herring are an important forage species, Seafood Watch considers herring abundance to be a "high" conservation concern.

46 Justification: Detailed rationale:

Most herring fisheries discussed in Table 2 only have an LRP available as a reference point. LRP reference points are usually based on multi-year average spawning stock biomass (SSB) levels for particular years. Although various fishery-independent and fishery-dependent collection methods have been used to create these reference points, some data indicators are inaccurate due to low data availability for certain years or very low abundance in herring, which has lowered the sample size in stock assessments.

The "low" level information category within Lenfest recommendations is due to 1) the low level of information about the status, trends, and dependencies of predators on herring; 2) a lack of spatial patterns of foraging; 3) little consideration for environmental variables within assessments (Guénette et al. 2014), and they are not fully understood (Gaudian et al. 2016). However, a natural mortality of M=0.2 is provided to account of the uncertainty of how the environment impacts the species (Guénette et al. 2014). New ecosystem models such as the Extended Single-species Assessment Model (ESAM) are expected to examine the relationship between environmental conditions and herring variability (Gaudian et al. 2016).

Table 2. Summary of herring fishing area biomass, indicator, reference point and fishing mortality information from Appendix D.

Data-Limited Fishing Stock Biomass BLimit BUpper FREF Reference Indicators Mortality Landings, acoustic assessment data, West Coast of Not and sequential Not (DFO Newfoundland: 1,088 t 37,000 t Unknown defined population Defined 2016d) Spring analyses show that stock has collapsed Landings, acoustic assessment data, year-class West Coast of analysis Not (DFO Newfoundland: 87,977 t 48,000 t 61,000 t (dominated by Unknown Defined 2016d) Fall 11+ years), sequential population analyses shows recent declines

47 Fortune Bay: Poor recruitment, generally negative trend in abundance

St. Mary’s Bay – Placentia Bay: Conflicting abundance trends dependent on area.

Bonavista Bay – Trinity Bay: Broad age- distribution, increasing East and South abundance trend, Not (DFO Newfoundland Reference points are not defined. positive Unknown Defined 2017b) & Labrador recruitment.

White Bay – Notre Dame Bay: Lack of data to create abundance index but general increasing abundance trends.

Conception Bay – Southern Shore: Increasing trends in abundance, broad age distribution in 2015 season Stock dominated 830 t by age-10+ (spring herring, no Quebec and spawners) significant Not (DFO Unknown Unknown Unknown nGSL 21,477 t recruitment since Defined 2017c) (fall 2005 and spawners) abundance showing declines

48 Declines in the spawning stock by 29%. The 3- year moving 416,200 t Southwest average was (3 year 377,272 Not Not (DFO Nova Scotia & 11% above LRP Unknown moving t defined Defined 2017a)) Bay of Fundy in 2016. Broad average) age ranges within commercial catches. Lack of data for this stock. The catch Offshore Not Not Not Not (DFO predominantly Unknown Scotian Shelf defined defined defined Defined 2017a) comprises adults age-4, 5, 6 herring.

Mixed results for biomass: Little Hope was below the 5-year Coastal Nova Not Not average; Not (DFO 102,307* Unknown Scotia defined defined however, Eastern Defined 2017a) Shore biomass was well above the 5-year average. Lack of data Southwest Not Not Not (DFO Unknown regarding Unknown New Brunswick defined defined Defined 2017a) abundance *5-year average SSB for areas Little Hope/Port Mouton, Little Hope Allocation, Halifax/Eastern Shore, Halifax Allocation and Glace Bay.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE High Concern The main commercial herring fisheries found in Canadian waters are 1) West Newfoundland (4R stocks), 2) E and SE Newfoundland (3KLPs stocks), 3) sGSL (4TVn stocks), 4) nGSL (4S stock) and 5) SW Nova Scotia and the Bay of Fundy (complex of stock 4VWX). Stock assessments use a variety of fishery-dependent and independent data. It is not possible to determine the source of herring used as bait in most regions; therefore, herring is assessed collectively for most fisheries. However, in the Southern Gulf of St Lawrence there is a gillnet fishery specifically to provide bait for the lobster fishery. This fishery is included separately to reflect the impact of this activity on stocks in the region.

49 Southern Gulf of St. Lawrence /Northwest Atlantic, gillnet. Spring component: SSB has been below 22,000 t since 2004 (in the critical zone); however, uncertainty is high (Figure 12 in DFO 2016c). With zero removals of the stock between 2016 and 2017, models suggest that the SSB will only increase slightly with a very high probability (90%) that the stock will remain in the critical zone. The stock’s growth is limited by low recruitment rates and declines in abundance attributable to warmer waters and incompatible plankton production and spawning seasons (Bourne et al. 2015) and declining weight-at-age results (DFO 2016c).

Fall component: The median estimate of SSB at the start of 2016 was 165,000 t. The probability of SSB being below the URP (172,000t) at the beginning of 2015 and 2016 was 22% and 60%, respectively. However, historically, the median estimate of the SSB has generally been in the healthy zone (SSB > 172,000 t) apart from one occasion where it has been in the cautious zone, including in 2016 and 2017 (based on modelled estimates) (DFO 2016c). This is partly due to poor recruitment at age 4 herring and reduced weight-at-age, for which the reasons are unknown. Models have previously disagreed with the SSB relative to the URP, though they both agree that the SSB is above Blim (DFO 2016c).

Since the spring component has a >99% probability of SSB being below the LRP abundance (under current conditions) for sGSL herring is deemed a “high" concern.

Factor 2.2 - Fishing Mortality

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY High Concern Canadian Atlantic

No fishing mortality reference points have defined for herring stocks in the Canadian Atlantic, and issues with logbook reporting lead to significant uncertainty in exploitation rate estimates in the stock assessments. As fishing mortality is essentially unknown, relative to a sustainable level, and herring are an important forage species in the marine ecosystem, Seafood Watch considers fishing mortality to be a "high" conservation concern.

A more detailed analysis of fishing mortality can be found in Appendix D.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE High Concern Southern Gulf of St. Lawrence /Northwest Atlantic, gillnet.

Spring component: Although herring catches for bait are expected to be much lower than that for the commercial fishery, there are the great uncertainties among catches. Catches in these fisheries are meant to be recorded in logbooks, but logbook returns have been low, exacerbating the uncertainty found in assessments. The fishing mortality rate has declined over time to an average of 0.18 (exploitation rate of 0.16) through period 2013 to 2015 for herring aged 6 to 8 years old. Fishing mortality is now low compared to historical mortality rates; however, this is still considered to be high for a stock in the critical zone (DFO 2016c).

50 Fall component: The average fishing mortality rate on ages 5 to 10 has declined to an average of 0.19 (exploitation rate of 17%) since 2012. Fishing mortality rates have historically exceeded the reference removal rate, F = 0.32 for the healthy zone from the mid-1990s to 2010, but were below the reference level since 2011. If 2015 landings were continued for TACs in 2016 and 2017, (28,000 t) the probability of exceeding the removal rate reference was 42% (DFO 2016c).

Fishing mortality has fluctuated in both fisheries, it has been low in recent years or below the reference level, but there is both major uncertainty in results, and mortality rates are still considered to be too high in the spring component; therefore, Seafood Watch deems fishing mortality as a “high" concern.

Factor 2.3 - Modifying Factor: Discards and Bait Use Goal: Fishery optimizes the utilization of marine and freshwater resources by minimizing post-harvest loss. For fisheries that use bait, bait is used efficiently.

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 2.3 SCORE <100% 1 >=100 0.75

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR < 100% There is no discard and bait study for the region. In the absence of discard studies, similar studies (shown below), have found non-lobster bycatch rates between 5% (Criquet, Brêthes, and Allain 2015b) to 17% (Criquet et al. 2015c).and lobster discards of up to 74% in LFA 34 (Table 3 in (DFO 2014d)). Post-capture mortality of lobster is assumed to be near to zero (Criquet and Brêthes 2017a); therefore, if they are discarded, most are likely to survive except for soft-shell lobsters, which have higher mortality rates (Blyth- Skyrme et al. 2015b).

Other fisheries in Atlantic Canada likely have a bait plus discards-to-landings ratio of below 100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE < 100% There is no bycatch/discard and bait study for the region. However, neighboring fisheries (including the Gaspé Peninsula Marine Stewardship Council (MSC) assessment records that bait usually comprises mostly mackerel (75%), sGSL fall-spawning herring and some rock crab (Criquet et al. 2015c) where rock crab equated to around 1% of lobster landings. In the Gaspésie MSC fishery, 823 t of mackerel bait were recorded to be used in 2016 while 1,926 t lobster were landed (Criquet and Brêthes 2017b), which equates to nearly 43%. Bait use has apparently decreased over the past 10 years. In 2012, it was estimated to equal around 92% of the lobster catch and from DFO e-log data from 2015, was considered to form around 62% of lobster catches (Criquet and Brêthes 2016b).

51 Bycatch species form around 17% from a previous bycatch study. Around 10% of these are rock crabs, but rock crabs are considered often to be discarded, which have high survivability rates (Criquet et al. 2015c).

Therefore, bait plus discards-to-landings ratio is assumed to be <100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE < 100% Bait is mainly formed of mackerel and herring in this region. In the PEI MSC fishery, herring and mackerel bait represented 1,907 t and 1,687 t (totalling 3,594 t) in 2012. For the same area (PEI MSC fishery), 12,180 t of lobster were landed in 2012 (Criquet and Brêthes 2016c). Therefore, bait use represented 30% of lobster landings.

Around 95% of bycatch caught in the fishery is the target species and most discards are released alive, e.g., berried females and rock crab (Criquet, Brêthes, and Allain 2015b). Therefore, bait plus discards-to-landings ratio is assumed to be <100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON < 100% Throughout the Maritimes region (which includes LFAs 27 to 38), bait comprises the following species and amounts (mackerel, 8153 t; rock crab, 5512 t; herring, 7601 t), totaling 21,266 t in 2012 (Criquet, Brêthes, and Allain 2015b). Throughout this season, 40,862 t of lobster were landed in the Maritimes region (Criquet and Brêthes 2016a). Therefore, mackerel, herring and rock crab represented 20%, 19%, and 13% of lobster landings. Overall bait use represented 52% of lobster landings.

In previous bycatch studies conducted in LFAs 27 to 33, no bycatch species comprised 5% or more of the lobster catch. In another study, the non-lobster portion of the total catch ranged from 1.5% in LFA 31b to 13% in LFA 33 (DFO 2014d).

However, discards of lobster can be larger than the amount of those retained: in previous studies, 127% (LFA 27), 79% (LFA 32) and 22 to 25% (LFAs 30–31b) were discarded (DFO 2014d). Lobsters are assumed to have high survival rates and traps are designed to avoid capturing juveniles and berried females are usually released alive (Criquet, Brêthes, and Allain 2015b). However, in these studies, sublegal lobster represented a large amount of lobster discards (90% in LFAs 27, 33 and 34; 72 to 79% in LFAs 30–31b; 53% in LFA 32). In LFA 27, the MLS has increased from 77.5 mm in 2007 and is currently at 82.5mm (Appendix C), which has increased the number of discards. However, discard mortality is assumed to be near zero (Criquet and Brêthes 2017a).

Since bait use is approximately 50% of landings, lobster discard mortality is thought to be close to zero, and bycatch of non-target species is at most 13%, a total discard and bait use of <100% is assumed. Justification: To determine discard mortality, more studies are required to understand discard mortality of sublegal sized lobsters. Natural mortality changes dependent on many factors including lobster size (Tremblay et al. 2013) and tagging studies show that multiple captures may increase the damage and stress of molting lobsters (a process that undersized lobsters frequently undergo) (Pezzack et al. 2014). When lobsters have finished molting, they have a soft shell and experience higher levels of mortality at this time (Blyth-Skyrme et al. 2015b).

52 CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY < 100% Throughout the Maritimes region (which includes LFAs 27 to 38), bait comprises the following species and amounts (mackerel, 8153 t; rock crab, 5512 t; herring, 7601 t), totaling 21,266 t in 2012 (Criquet, Brêthes, and Allain 2015b). Throughout this season, 40,862 t were landed in the Maritimes region (Criquet and Brêthes 2016a). Therefore, mackerel, herring, and rock crab represented 20%, 19%, and 13% of lobster landings. Overall bait use represented 52% of lobster landings.

The non-lobster catch is 14% in LFA 34 (DFO 2014d).

Discards of lobster in LFA 34 represent between 70% (Worcester 2013) or 74% (Table 3 in (DFO 2014d)), mostly (97%) comprising undersize lobsters (DFO 2013c). Discard mortality of lobsters is assumed to be near to zero (Criquet and Brêthes 2017a) and therefore, dead discards of lobster are assumed to be low.

Bait plus discards-to-landings ratio is likely to be under 100%; therefore, the score is multiplied by 1. Justification: To determine discard mortality, more studies are required to understand discard mortality of sublegal-sized lobsters. Natural mortality changes dependent on many factors including lobster size (Tremblay et al. 2013) and tagging studies show that multiple captures may increase the damage and stress of molting lobsters (a process that undersized lobsters frequently undergo) (Pezzack et al. 2014). When lobsters have finished molting, they have a soft shell and experience higher levels of mortality at this time (Blyth-Skyrme et al. 2015b).

NORTH ATLANTIC RIGHT WHALE Factor 2.1 - Abundance

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR High Concern NARW occur in a single population moving seasonally between Canada and the USA. NARW are listed as endangered under both the Canadian Species at Risk Act (SARA) and the US Endangered Species Act (ESA) (Hayes et al. 2017). Due to their endangered status, Seafood Watch deems abundance as a “high" concern. Justification: The 2017 Updated Report Card's best estimate for the living population of NARW is 451 individuals (with high and low estimates of photographed NARW ranging from 304 to 736 (Pettis et al. 2018a). The minimum number alive (MNA) is estimated at 445 individuals in the western North Atlantic population (NOAA in review, 2018a). These values provided the best estimate for the living population; the MNA have both declined since their previous reports (NARWC 2016) (Hayes et al. 2017), and their populations have been declining since 2010 (Pettis et al. 2018a).

53 Calving rates have declined by nearly 40% since 2010, further exacerbating the NARW's recovery (Kraus et al. 2016). There were five observed calves in 2017 and zero in 2018 (Hayes et al. 2018a). Reduced calving rates have been observed to coincide with low prey availability Meyer Gutbrod and Greene 2018. However, even with low prey availability, Meyer-Gutbrod and Greene (2018) estimate that NARW populations should still continue to grow, unless NARW mortality reaches 8 to 10 NARW per year (Meyer-Gutbrod and Greene 2018).

Trends generally show that the population growth rate is in decline: Waring et al. (2016) estimated population growth at 2 to 3% per year; however, Pace et al. (2017) has estimated that the probability of the population declining since 2010 is 99.99% (Pace et al. 2017).

Figure 16 Figure xxx. Map of NARW sightings (colored circles as defined in key) overlapping observation tracks (brown lines on map) for period January 1st 2018 - October 10th 2018. Available at: https://whalemap.ocean.dal.ca/WhaleMap/

54 Factor 2.2 - Fishing Mortality

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR High Concern For the period 2012 through 2016, entanglement in Canadian waters (including records of unassigned mortalities, where the 1st sighting was in Canadian waters) caused an average of 2.5 mortality or serious injury per year (NOAA in review 2018a). The Potential Biological Removal (PBR) for NARW is 0.9 whale per year, which is exceeded by fishing impacts (NOAA in review 2018a).

Since cumulative fishing mortality is exceeds the PBR, Seafood Watch considers fishing mortality to be a “high” concern. Justification: Major sources of mortality are entanglements and ship strikes (Hayes et al. 2017) (Daoust et al. 2017). Entanglement in fixed fishing gear continues to pose a significant threat to this population (NARWC 2016). In Atlantic Canada, between 2008 and 2014, there were 18 recorded interactions between NARW and fishing gear. In most cases (78%) the gear type could not be identified; however 11% of the interactions were known to be with pot/trap gear (DFO 2016y).

North Atlantic right whales are not uniformly distributed across Canadian waters; therefore, interactions are considered to be more likely in some areas than others, for example, there are few sightings in the Newfoundland and Labrador and East Cape Breton regions. However, these areas have relatively lower levels of surveillance and monitoring (likely due to low levels of historical abundance), and there are concerns that as the distribution of whales changes, both spatially and temporally, the occurrence of whales and interactions with fishing gear will not be identified.

The total level of human-caused mortality and serious injury is unknown (Hayes et al. 2017), since many entanglements go unrecorded. The location of where the majority of entanglements occur is also unknown. The actual mortality is likely higher than the observed number because not all carcasses of NARW are found. For example, carcasses of NARW that die as a result of entanglements in fishing gear may be more likely to sink at sea because of the decreased health of the animals and subsequent energetic losses. Therefore, it has been suggested that up to two thirds of human caused NARW deaths may go undetected (Brown et al. 2009). Additionally, around 83% of NARW show evidence of at least one gear entanglement event. Even whales that survive these sub-lethal entanglements, may continue to suffer from prolonged poor health (including reduced foraging ability, reduced swimming performance and decreased reproduction) (Pettis et al. 2017). Pace et al. (2017) have observed reduced survival rates for adult females relative to adult males. However, Knowlton et al. (2012) found males and females entangled at similar rates. Juveniles were found to be more susceptible to entanglement than adults (Knowlton et al. 2012). Knowlton et al. (2012) found significant increases in the annual percentage of NARW observed with rope attached between 1980 and 2009.

The potential for the lobster fishery to interact with NARW may be increasing and requires observation: In Atlantic Canada, NARW have historically had two critical habitats: the Grand Manan Basin in the Bay of Fundy and Roseway Basin in Southwest Nova Scotia (Brown et al. 2009). However, this may be changing in light of whale behavior seen over the past number of years. NARW are present on the Scotian Shelf during the

55 summer months, and the mouth of the Bay of Fundy and Roseway Basin are known feeding grounds for these mammals (Pezzack et al. 2009), so interaction with lobster gear is possible (Pezzack et al. 2009), though highly unlikely in the case of the southwestern part of the fishery (the single-largest component of the Atlantic lobster fishery). Lobster Fishing Areas 33 and 34—which represent approximately 1700 vessels—are winter fisheries that operate from late November to late May, when whales are largely absent and therefore experience a minimal level of overlap with whale populations. However, with shifting distributions of NARW in recent surveys in the sGSL, and recent high levels of entanglements throughout the Atlantic, sGSL is a region of increasing concern (Daoust et al. 2017). Sightings and identification of individual NARW in the sGSL have increased over the last few years with large numbers of NARW observed in 2017 (Daoust et al. 2017). This may be due to changes in distribution (because of feeding) or increases in surveillance. In 2017 in the GSL, 12 NARWs were found dead along with five live-entanglements (Daoust et al. 2017). As of 25 July 2018, 146 individual NARW have been identified in Canadian waters (pers. comm., R. P. Jenkins, 10 August 2018), yet there have so far been no recorded mortalities in Canadian waters (Withers 2018). However, as of October 2018, there have been five recorded entanglements (Cooke 2018). Three of which were confirmed entanglements 13 July sighted with gear in Gulf (MacKay 2018) and then was sighted again later having shed the gear alone; another was sighted on July 30th and was subsequently disentangled by a response team in Bay of Fundy and sighted gear free (Sturgeon 2018), but has not been sighted since 7 September; another was sighted on 20 August with gear attached in the Gulf and was later confirmed free of gear; and two had evidence of recent scarring from entanglement (one was sighted on 6 June (Hardy 2018, preliminary as of 20 September 2018), scar free, but was subsequently sighted on 21 July with scarring); another was sighted on 5 July with scarring (Hardy 2018, preliminary as of 20 September 2018).

Factor 2.3 - Modifying Factor: Discards and Bait Use Goal: Fishery optimizes the utilization of marine and freshwater resources by minimizing post-harvest loss. For fisheries that use bait, bait is used efficiently.

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 2.3 SCORE <100% 1 >=100 0.75

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE < 100% Bait is mainly formed of mackerel and herring in this region. In the PEI MSC fishery, herring and mackerel bait represented 1,907 t and 1,687 t (totalling 3,594 t) in 2012. For the same area (PEI MSC fishery), 12,180 t of lobster were landed in 2012 (Criquet and Brêthes 2016c). Therefore, bait use represented 30% of lobster landings.

Around 95% of bycatch caught in the fishery is the target species and most discards are released alive, e.g., berried females and rock crab (Criquet, Brêthes, and Allain 2015b). Therefore, bait plus discards-to-landings ratio is assumed to be <100%; therefore, this region retains a score of 1.

56 CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY < 100% Throughout the Maritimes region (which includes LFAs 27 to 38), bait comprises the following species and amounts (mackerel, 8153 t; rock crab, 5512 t; herring, 7601 t), totaling 21,266 t in 2012 (Criquet, Brêthes, and Allain 2015b). Throughout this season, 40,862 t were landed in the Maritimes region (Criquet and Brêthes 2016a). Therefore, mackerel, herring, and rock crab represented 20%, 19%, and 13% of lobster landings. Overall bait use represented 52% of lobster landings.

The non-lobster catch is 14% in LFA 34 (DFO 2014d).

Discards of lobster in LFA 34 represent between 70% (Worcester 2013) or 74% (Table 3 in (DFO 2014d)), mostly (97%) comprising undersize lobsters (DFO 2013c). Discard mortality of lobsters is assumed to be near to zero (Criquet and Brêthes 2017a) and therefore, dead discards of lobster are assumed to be low.

Bait plus discards-to-landings ratio is likely to be under 100%; therefore, the score is multiplied by 1. Justification: To determine discard mortality, more studies are required to understand discard mortality of sublegal-sized lobsters. Natural mortality changes dependent on many factors including lobster size (Tremblay et al. 2013) and tagging studies show that multiple captures may increase the damage and stress of molting lobsters (a process that undersized lobsters frequently undergo) (Pezzack et al. 2014). When lobsters have finished molting, they have a soft shell and experience higher levels of mortality at this time (Blyth-Skyrme et al. 2015b).

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE < 100% There is no bycatch/discard and bait study for the region. However, neighboring fisheries (including the Gaspé Peninsula Marine Stewardship Council (MSC) assessment records that bait usually comprises mostly mackerel (75%), sGSL fall-spawning herring and some rock crab (Criquet et al. 2015c) where rock crab equated to around 1% of lobster landings. In the Gaspésie MSC fishery, 823 t of mackerel bait were recorded to be used in 2016 while 1,926 t lobster were landed (Criquet and Brêthes 2017b), which equates to nearly 43%. Bait use has apparently decreased over the past 10 years. In 2012, it was estimated to equal around 92% of the lobster catch and from DFO e-log data from 2015, was considered to form around 62% of lobster catches (Criquet and Brêthes 2016b).

Bycatch species form around 17% from a previous bycatch study. Around 10% of these are rock crabs, but rock crabs are considered often to be discarded, which have high survivability rates (Criquet et al. 2015c).

Therefore, bait plus discards-to-landings ratio is assumed to be <100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON < 100% Throughout the Maritimes region (which includes LFAs 27 to 38), bait comprises the following species and amounts (mackerel, 8153 t; rock crab, 5512 t; herring, 7601 t), totaling 21,266 t in 2012 (Criquet, Brêthes, and Allain 2015b). Throughout this season, 40,862 t of lobster were landed in the Maritimes region (Criquet and Brêthes 2016a). Therefore, mackerel, herring and rock crab represented 20%, 19%, and 13% of lobster

57 landings. Overall bait use represented 52% of lobster landings.

In previous bycatch studies conducted in LFAs 27 to 33, no bycatch species comprised 5% or more of the lobster catch. In another study, the non-lobster portion of the total catch ranged from 1.5% in LFA 31b to 13% in LFA 33 (DFO 2014d).

However, discards of lobster can be larger than the amount of those retained: in previous studies, 127% (LFA 27), 79% (LFA 32) and 22 to 25% (LFAs 30–31b) were discarded (DFO 2014d). Lobsters are assumed to have high survival rates and traps are designed to avoid capturing juveniles and berried females are usually released alive (Criquet, Brêthes, and Allain 2015b). However, in these studies, sublegal lobster represented a large amount of lobster discards (90% in LFAs 27, 33 and 34; 72 to 79% in LFAs 30–31b; 53% in LFA 32). In LFA 27, the MLS has increased from 77.5 mm in 2007 and is currently at 82.5mm (Appendix C), which has increased the number of discards. However, discard mortality is assumed to be near zero (Criquet and Brêthes 2017a).

Since bait use is approximately 50% of landings, lobster discard mortality is thought to be close to zero, and bycatch of non-target species is at most 13%, a total discard and bait use of <100% is assumed. Justification: To determine discard mortality, more studies are required to understand discard mortality of sublegal sized lobsters. Natural mortality changes dependent on many factors including lobster size (Tremblay et al. 2013) and tagging studies show that multiple captures may increase the damage and stress of molting lobsters (a process that undersized lobsters frequently undergo) (Pezzack et al. 2014). When lobsters have finished molting, they have a soft shell and experience higher levels of mortality at this time (Blyth-Skyrme et al. 2015b).

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR < 100% There is no discard and bait study for the region. In the absence of discard studies, similar studies (shown below), have found non-lobster bycatch rates between 5% (Criquet, Brêthes, and Allain 2015b) to 17% (Criquet et al. 2015c).and lobster discards of up to 74% in LFA 34 (Table 3 in (DFO 2014d)). Post-capture mortality of lobster is assumed to be near to zero (Criquet and Brêthes 2017a); therefore, if they are discarded, most are likely to survive except for soft-shell lobsters, which have higher mortality rates (Blyth- Skyrme et al. 2015b).

Other fisheries in Atlantic Canada likely have a bait plus discards-to-landings ratio of below 100%; therefore, this region retains a score of 1.

HUMPBACK WHALE Factor 2.1 - Abundance

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY High Concern

58 The Western Atlantic population of humpback whale comprises three distinct feeding groups in eastern Canada: the Gulf of Maine (which includes animals from the Scotian Shelf), the Gulf of St. Lawrence, and Newfoundland/Labrador (which includes animals from the Strait of Belle Isle) (COSEWIC 2003). Kennedy and Clapham (2017) suggest that there is sometimes mixing between feeding groups, causing uncertainty about the size of these feeding groups.

The Gulf of Maine feeding group has recently been declared a "non-strategic stock," but their abundance relative to their Optimum Sustainable Population (OSP) is unknown (NOAA in review, 2018a). The Gulf of Maine feeding group is found throughout US and Canadian waters; thus, there is some uncertainty regarding the health of the population found specifically in Canadian waters. There is no population status available for the Gulf of Lawrence and Newfoundland/Labrador feeding groups. COSEWIC has determined the Western North Atlantic population of humpback whales to be "not at risk" (COSEWIC 2003); however, this report was published in 2003 and there is a lack of up-to-date data to determine population estimates or a status for these areas.

Though a recent population status has determined that the Gulf of Maine feeding group is no longer a strategic stock, there is a lack of up-to-date information to determine the population status of humpback whales for the rest of eastern Canada. In absence of information regarding the eastern Canadian humpback whale feeding groups, Seafood Watch automatically deems abundance as a "high" concern, due to the assumed vulnerability of humpback whales. Justification: There are some estimates for the various populations: the size of the Gulf of Maine feeding group, which has estimated the humpback whale Minimum Number Alive (MNA) as 896 in 2015 (NOAA in review, 2018a). The Northwest Atlantic population was estimated to be around 4000 humpback whales (COSEWIC 2003) (DFO 2018a). However, these estimates are over 15 years old.

Factor 2.2 - Fishing Mortality

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY High Concern The number of interactions between the Canadian lobster fisheries and humpback whales is unknown. Interactions were reportedly increasing through 2008, coinciding with an increase in fishing effort as fishers switched from the collapsed groundfish fisheries to lobster fishing (Benjamins et al. 2012).

There are concerns about interactions between the lobster fisheries and other whale species (North Atlantic right whale), and humpback whales are known to be vulnerable to trap fisheries in other regions. Due to uncertainty regarding interactions and the high risk to humpback whales, Seafood Watch considers the impact to humpback whales to be a "high" concern.

59 Factor 2.3 - Modifying Factor: Discards and Bait Use Goal: Fishery optimizes the utilization of marine and freshwater resources by minimizing post-harvest loss. For fisheries that use bait, bait is used efficiently. 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 2.3 SCORE <100% 1 >=100 0.75

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON < 100% Throughout the Maritimes region (which includes LFAs 27 to 38), bait comprises the following species and amounts (mackerel, 8153 t; rock crab, 5512 t; herring, 7601 t), totaling 21,266 t in 2012 (Criquet, Brêthes, and Allain 2015b). Throughout this season, 40,862 t of lobster were landed in the Maritimes region (Criquet and Brêthes 2016a). Therefore, mackerel, herring and rock crab represented 20%, 19%, and 13% of lobster landings. Overall bait use represented 52% of lobster landings.

In previous bycatch studies conducted in LFAs 27 to 33, no bycatch species comprised 5% or more of the lobster catch. In another study, the non-lobster portion of the total catch ranged from 1.5% in LFA 31b to 13% in LFA 33 (DFO 2014d).

However, discards of lobster can be larger than the amount of those retained: in previous studies, 127% (LFA 27), 79% (LFA 32) and 22 to 25% (LFAs 30–31b) were discarded (DFO 2014d). Lobsters are assumed to have high survival rates and traps are designed to avoid capturing juveniles and berried females are usually released alive (Criquet, Brêthes, and Allain 2015b). However, in these studies, sublegal lobster represented a large amount of lobster discards (90% in LFAs 27, 33 and 34; 72 to 79% in LFAs 30–31b; 53% in LFA 32). In LFA 27, the MLS has increased from 77.5 mm in 2007 and is currently at 82.5mm (Appendix C), which has increased the number of discards. However, discard mortality is assumed to be near zero (Criquet and Brêthes 2017a).

Since bait use is approximately 50% of landings, lobster discard mortality is thought to be close to zero, and bycatch of non-target species is at most 13%, a total discard and bait use of <100% is assumed. Justification: To determine discard mortality, more studies are required to understand discard mortality of sublegal sized lobsters. Natural mortality changes dependent on many factors including lobster size (Tremblay et al. 2013) and tagging studies show that multiple captures may increase the damage and stress of molting lobsters (a process that undersized lobsters frequently undergo) (Pezzack et al. 2014). When lobsters have finished molting, they have a soft shell and experience higher levels of mortality at this time (Blyth-Skyrme et al. 2015b).

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR < 100% There is no discard and bait study for the region. In the absence of discard studies, similar studies (shown below), have found non-lobster bycatch rates between 5% (Criquet, Brêthes, and Allain 2015b) to 17% (Criquet et al. 2015c).and lobster discards of up to 74% in LFA 34 (Table 3 in (DFO 2014d)). Post-capture mortality of lobster is assumed to be near to zero (Criquet and Brêthes 2017a); therefore, if they are

60 discarded, most are likely to survive except for soft-shell lobsters, which have higher mortality rates (Blyth- Skyrme et al. 2015b).

Other fisheries in Atlantic Canada likely have a bait plus discards-to-landings ratio of below 100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE < 100% There is no bycatch/discard and bait study for the region. However, neighboring fisheries (including the Gaspé Peninsula Marine Stewardship Council (MSC) assessment records that bait usually comprises mostly mackerel (75%), sGSL fall-spawning herring and some rock crab (Criquet et al. 2015c) where rock crab equated to around 1% of lobster landings. In the Gaspésie MSC fishery, 823 t of mackerel bait were recorded to be used in 2016 while 1,926 t lobster were landed (Criquet and Brêthes 2017b), which equates to nearly 43%. Bait use has apparently decreased over the past 10 years. In 2012, it was estimated to equal around 92% of the lobster catch and from DFO e-log data from 2015, was considered to form around 62% of lobster catches (Criquet and Brêthes 2016b).

Bycatch species form around 17% from a previous bycatch study. Around 10% of these are rock crabs, but rock crabs are considered often to be discarded, which have high survivability rates (Criquet et al. 2015c).

Therefore, bait plus discards-to-landings ratio is assumed to be <100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE < 100% Bait is mainly formed of mackerel and herring in this region. In the PEI MSC fishery, herring and mackerel bait represented 1,907 t and 1,687 t (totalling 3,594 t) in 2012. For the same area (PEI MSC fishery), 12,180 t of lobster were landed in 2012 (Criquet and Brêthes 2016c). Therefore, bait use represented 30% of lobster landings.

Around 95% of bycatch caught in the fishery is the target species and most discards are released alive, e.g., berried females and rock crab (Criquet, Brêthes, and Allain 2015b). Therefore, bait plus discards-to-landings ratio is assumed to be <100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY < 100% Throughout the Maritimes region (which includes LFAs 27 to 38), bait comprises the following species and amounts (mackerel, 8153 t; rock crab, 5512 t; herring, 7601 t), totaling 21,266 t in 2012 (Criquet, Brêthes, and Allain 2015b). Throughout this season, 40,862 t were landed in the Maritimes region (Criquet and Brêthes 2016a). Therefore, mackerel, herring, and rock crab represented 20%, 19%, and 13% of lobster landings. Overall bait use represented 52% of lobster landings.

The non-lobster catch is 14% in LFA 34 (DFO 2014d).

Discards of lobster in LFA 34 represent between 70% (Worcester 2013) or 74% (Table 3 in (DFO 2014d)),

61 mostly (97%) comprising undersize lobsters (DFO 2013c). Discard mortality of lobsters is assumed to be near to zero (Criquet and Brêthes 2017a) and therefore, dead discards of lobster are assumed to be low.

Bait plus discards-to-landings ratio is likely to be under 100%; therefore, the score is multiplied by 1. Justification: To determine discard mortality, more studies are required to understand discard mortality of sublegal-sized lobsters. Natural mortality changes dependent on many factors including lobster size (Tremblay et al. 2013) and tagging studies show that multiple captures may increase the damage and stress of molting lobsters (a process that undersized lobsters frequently undergo) (Pezzack et al. 2014). When lobsters have finished molting, they have a soft shell and experience higher levels of mortality at this time (Blyth-Skyrme et al. 2015b).

62 Criterion 3: Management Effectiveness

Five factors are evaluated in Criterion 3: Management Strategy and Implementation, Bycatch Strategy, Scientific Research/Monitoring, Enforcement of Regulations, and Inclusion of Stakeholders. Each is scored as either ‘highly effective’, ‘moderately effective’, ‘ineffective,’ or ‘critical’. The final Criterion 3 score is determined as follows:

5 (Very Low Concern) — Meets the standards of ‘highly effective’ for all five factors considered. 4 (Low Concern) — Meets the standards of ‘highly effective’ for ‘management strategy and implementation‘ and at least ‘moderately effective’ for all other factors. 3 (Moderate Concern) — Meets the standards for at least ‘moderately effective’ for all five factors. 2 (High Concern) — At a minimum, meets standards for ‘moderately effective’ for Management Strategy and Implementation and Bycatch Strategy, but at least one other factor is rated ‘ineffective.’ 1 (Very High Concern) — Management Strategy and Implementation and/or Bycatch Management are ‘ineffective.’ 0 (Critical) — Management Strategy and Implementation is ‘critical’.

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 = Red or High Concern

Rating is Critical if Management Strategy and Implementation is Critical.

GUIDING PRINCIPLE The fishery is managed to sustain the long-term productivity of all impacted species.

Criterion 3 Summary

Research Management Bycatch and Stakeholder Fishery Strategy Strategy Monitoring Enforcement Inclusion Score Fishery 1: Canada / Moderately Moderately Moderately Moderately Highly Yellow Northwest Atlantic | Pots | Effective Effective Effective Effective Effective (3.000) Canada | Eastern Cape Breton Fishery 2: Canada / Moderately Moderately Moderately Moderately Highly Yellow Northwest Atlantic | Pots | Effective Effective Effective Effective Effective (3.000) Canada | Newfoundland & Labrador Fishery 3: Canada / Moderately Moderately Moderately Moderately Highly Yellow Northwest Atlantic | Pots | Effective Effective Effective Effective Effective (3.000) Canada | Quebec Gulf and Northern Gulf of St. Lawrence

63 Fishery 4: Canada / Moderately Moderately Moderately Moderately Highly Yellow Northwest Atlantic | Pots | Effective Effective Effective Effective Effective (3.000) Canada | Southern Gulf of St. Lawrence Fishery 5: Canada / Moderately Moderately Moderately Moderately Highly Yellow Northwest Atlantic | Pots | Effective Effective Effective Effective Effective (3.000) Canada | Southwest Nova Scotia and Bay of Fundy

Mostly effort-based, there is a mixture of management measures. Management has improved in recent years, for example, with increases in MLS. There has also been a reduction in effort, e.g., in LFAs 29 and 30; and in the Newfoundland and Labrador region, landings have decreased in all LFAs except in LFA 12. However, there is a need for increased precaution (particularly with MLS being too low, which can cause recruitment overfishing), and there are ongoing concerns regarding high exploitation rates.

There is a lack of fishery-independent data to determine the abundance and fishing mortality in most fisheries. Uncertainty—caused by the survey methods and lack of up-to-date and reliable data—reduces the accuracy of assessments and their efficacy for implementing appropriate management measures.

Bycatch in lobster fisheries is relatively low and some measures exist to prevent further bycatch, e.g., escape gaps. Due to the low levels of bycatch, the need to monitor the catch is reduced; however, there is a need for greater understanding of interactions with ETP. Species of concern are known to interact with the fishery, including the NARW, which are caught at levels above their PBR. The majority of sightings occur in the Bay of Fundy, and a growing number of sightings and entanglements are being observed in the Gulf of St. Lawrence.

Enforcement is normally conducted through logbooks, at-sea inspections, and some dockside monitoring, but few long-term observer programs are in existence. Enforcement programs are often variable or conducted at low levels. Some fisheries have been recorded as having high compliance rates.

Stakeholders are included in an advisory process through advisory committees and can be active participants in stock assessments. These typically consist of industry but can include a variety of stakeholders. Advisory committees typically allow discussion on and conflict management for issues on conservation, protection, science, and fisheries management. It is a transparent process with several mechanisms for stakeholder input. Fishers and scientists also have opportunities to collaborate on fisheries-science projects.

Criterion 3 Assessment Factor 3.1 - 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? Do manages follow scientific advice? To achieve a highly effective rating, there must be appropriately defined management goals, precautionary policies that are based on scientific advice, and evidence that the measures in place have been successful at maintaining/rebuilding species.

64 CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY

Moderately Effective Canadian lobster is managed by the Fisheries and Oceans Canada within 45 LFAs. The lobster fishery is managed through input controls regulating the number of licenses, number of traps and duration of the fishing season (DFO 2015f). Input controls as used in the past have not been successful at reducing exploitation rates and have allowed exploitation rates to be too high (FRCC 2007).

All regions have received recent (less than five years old) updated or full stock assessments. Certain regions including Newfoundland and Labrador (LFAs 3 to 14) and Quebec North Shore (LFA 15 to 18) have no reference points and no precautionary approach (DFO 2016b) (DFO 2016q). Though all the other stock assessments (LFA 19 to 21, 22, 29 to 33, 34, 35 to 38) have adopted the precautionary approach (DFO 2016r) (DFO 2016s) (DFO 2016t) (DFO 2017g) (DFO 2017) (DFO 2017i). Precautionary policies are available under IFMPs (Maritimes, Gulf) which are based on scientific advice and incorporate uncertainty, environmental variability, and risk aversion (DFO 2011b) (DFO 2015p).

No lobster stocks are considered depleted; the stock assessments show that regions with reference points (LFA 19 to 21, 22, 29 to 33, 34, 35 to 38) have stocks at "healthy" levels (DFO 2016r) (DFO 2016s) (DFO 2016t) DFO 2017g} (DFO 2017h) (DFO 2017i).

Total lobster landings across all LFAs sharply increased from the late 1970s through the 1980s, and have remained at relatively high levels since. Favorable environmental conditions have been suggested as possible reasons for increased landings (DFO 2016t) (DFO 2016s) (DFO 2016r). However, the degree to which recent increases in landings are due to natural fluctuations, successful management measures, or increased effort/exploitation rates/geographic coverage, has not been determined.

There have been some decreases in exploitation in some regions (example: Newfoundland). In the Avalon region (LFAs 7 to 10), reported landings have steadily declined since the early 1990s, nominal effort throughout the region decreased by 45% since 2006, because of license and trap reductions, fewer active fishers and shorter seasons (DFO 2016b). Despite reductions in effort, Newfoundland and Labrador and the sGSL are regarded as recruitment fisheries (DFO 2016b) (DFO 2016r) (DFO 2016s) (DFO 2015s)—where a large proportion of the stock are sub-legal size—and therefore, more needs to be done to reduce the risk of recruitment failure (DFO 2016b) (DFO 2015s). Few lobsters survive beyond MLS (examples: sGSL and Newfoundland). Fishing pressure is deemed too high in some areas (LFA 20 (DFO 2016r)) or reductions in fishing pressure is likely beneficial (sGSL (DFO 2016t)). All conservation measures e.g., reductions to trap limits can be found in Appendix C.

Advice has been adopted from the FRCC report in 2007 to improve management but further improvements are required. Progress had been made with the Conservation and Sustainability Plan in the Newfoundland and Labrador fishery, IFMPs in the Maritime (DFO 2011b), sGSL and Quebec fisheries (DFO 2015q) (DFO 2017l), and Conservation Harvesting Plans in Quebec and nGSL (DFO 2015r), although the challenges to the fishery's sustainability had not been adequately addressed and progress has been uneven. Based on the most recent stock assessments, some of these reports' primary concerns (e.g., high exploitation rates and truncated age structure) are still an issue. Production and/or abundance indices have generally been steady or have increased in recent years (see Criterion 1). Thus, it appears that the concerns raised in the 1995 and 2007 reports have not been fully addressed, but that general progress is being made.

65 There is a lack of fishery-independent data to determine the abundance and fishing mortality in most fisheries. There are a mixture of management measures to protect the stock; however, there is a need for increased precaution (particularly with MLS in certain regions discussed above) and the ongoing concerns regarding high exploitation rates result in a conclusion that management is "moderately effective."

Justification: There is currently too great a reliance upon fishery-dependent data, such as landings data; however, fishery- independent data are increasingly being used to determine the stock status. Stock assessments generally factor in some sources of uncertainty e.g., the amount of non-recorded lobster catches (DFO 2016t). However, it is not detailed regarding how the reference points account for uncertainty (DFO 2016r) (DFO 2016s) (DFO 2016t) (DFO 2017g) (DFO 2017h) (DFO 2017i).

Stock assessments do not include estimates of absolute abundance, but instead rely upon proxy indicators of stock abundance, demographics (e.g., proportion of pre-recruits or megaspawners), productivity, and/or exploitation. Table 5 (in C3.3) shows the mixture of data sources to produce these proxies. The main data source is via landings data from logbooks (Table 5 in C3.3). Landings data host uncertainties: for example, there are time delays for obtaining landings data, and preliminary landings data from 2015 were used in recent stock assessments (sGSL, Nova Scotia, Quebec, Gaspe) in lieu of the actual landings data (DFO 2016t) (DFO 2017g) (DFO 2016s) (DFO 2016r). Landings data, alone, are not considered a sensitive indicator of biomass (DFO 2011b).

More regions increasingly use fishery-independent data to estimate abundance proxies (DFO 2016q) (DFO 2016s) (DFO 2016t) (DFO 2017h) (DFO 2017i). These data-sets improve the quality of proxies; however, fishery-independent data sources can have short time-series (~15 years).

Full stock assessments and update stock assessments are conducted regularly, and more urgent assessments can be conducted on an ad hoc basis (DFO 2015s). The DFO’s precautionary approach is applied through indicators such as mean catch per tow, which have various boundaries applied to denote the health of the stock. However, these boundaries are variable (upper boundaries can be as low as 50% for the "number per tow in RV surveys" indicator. In stock assessments, there is little or no mention of alternative sources of mortality or effects of environmental variability in assessments, apart from where favorable conditions have yielded increased landings (DFO 2016s) (DFO 2016t) (DFO 2016r).

Management is currently based on general effort control and some escapement management. Increases in MLS are considered to yield increased egg production (e.g. (DFO 2016r)). Appendix C shows that some regions (e.g., Newfoundland and Labrador, sGSL) ensure lobsters are only retained when the MLS is at least the size at which 50% of the population reach maturity (50% SAM). Yet, in some LFAs the MLS is lower than SAM; for example, in the Bay of Fundy maturity can occur at a large size (> 90 mm CL) while legal size is at 82.5 mm CL (DFO 2017i) and SAM is >90mm CL in Lower North Shore (LFAs 15 and 16) and at Anticosti Island (LFAs 17A and 17B), while the MLS is 82mm CL and 83mm CL, respectively (DFO 2016q). The variation between SAM and the MLS can be observed in Figure yyy. SAM varies with bottom temperature, lobster density, and fishing pressure; therefore, it is sometimes difficult to determine an appropriate MLS (Silva et al. 2012).

66 Figure 22 Figure yyy. Sizes at which lobsters mature (shown as blue error bars) compared with the Minimum Legal Size (as red dash line). Source: (DFO 2018k)

To increase potential egg production further, Newfoundland (Xu and Schneider 2012), Quebec and nGSL (DFO 2016r), sGSL (Rondeau et al. 2014), and Southwest Nova Scotia have a maximum legal size. No retention of berried females is allowed in any LFA (Appendix C). Most fisheries mandate that v-notched lobsters are discarded: v-notching occurs in many LFAs, though in LFA 27 and 31A, V-notched lobsters can be legally retained (DFO 2015k). In some areas V-notching occurs at very low rates, is voluntary, practiced at unknown rates (DFO 2016b) (DFO 2016r), and has declined in recent years (e.g., in Newfoundland and Labrador (DFO 2016b). Some LFAs have implemented escapement strategies (where a proportion of the female catch is discarded) to improve egg production, for example in LFA 31B,110 lb of mature females must be released per license (Appendix C).

In the southern Gulf of St Lawrence between 2006 and 2012, the Atlantic Lobster Sustainability Measures program reduced the number of lobster fishing licenses by 9.1% and increased the MLS (Rondeau et al. 2014). Since then, there has been little change in the number of licenses and trap allocations, yet, lobster landings from 2012 to 2015 have reached historically high levels (DFO 2016t).

Factor 3.2 - Bycatch Strategy Considerations: What type of management strategy/measures are in place to reduce the impacts of the fishery on bycatch species and when applicable, to minimize ghost fishing? How successful are these management measures? To achieve a Highly Effective rating, the fishery must have no or low bycatch, or if there are bycatch or ghost fishing concerns, there must be effective measures in place to minimize impacts.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY Moderately Effective

67 Bycatch in lobster fisheries is generally low with target species making up for 90% of the catch (den Heyer et al. 2010). The main management measures to reduce the risk to bycatch species include gear mitigation; traps have size/material requirements and are fitted with escape vents and biodegradable panels to reduce the risk of ghost fishing (DFO 2011b).

Some species, including rock crab, Jonah crab, green crab, sculpin, and cunner, are retained (Table 4). The amount that is retained is very low for some species, e.g., sculpin (Table 4). Developments in escape gap mechanisms are considered effective in reducing rock crab bycatch in lobster traps (Criquet and Brêthes 2017c) (Criquet and Brêthes 2017a).

Species of concern caught in the Canadian lobster fishery include wolffish (spotted and northern), cod, and cusk. Despite the conservation status of cod and the wolffishes caught in lobster traps, they represent a very low level of bycatch and therefore, have been scored as "low" concern in Criteria 2. However, cusk was scored as a "moderate" concern due to its higher proportion of catch rates in Maritime lobster fisheries. Wolffishes are protected under the Species at Risk Act (SARA), which prohibits landing the species and requires that they are safely returned to the water if caught alive (Table 4 below).

The Canadian lobster fisheries interact with large marine fauna such as whales and turtles. Entanglements remain a major cause of injury and mortality (DFO 2015t), and Pettis and Hamilton have demonstrated a decline in NARW abundance based on two out of three survey methods (annual estimates of presumed living right whales, minimum number alive, and report cards) (Pettis and Hamilton 2015). Management measures implemented to reduce the impact of the lobster fishery on minke whales and NARW are underpinned by the Canadian Fisheries Act Part I, Section 6 and Part II, Section 22 (Canadian Fisheries Act 2018a) (Canadian Fisheries Act 2018b). They are implemented throughout all regions and include the timing of the fishing seasons to minimize overlap with their migration times, trap and license limits, mandatory reporting of ETP species interactions, and a recovery strategy (DFO 2016l) (Table 3). Despite these measures, in 2017, the threat to NARW mortality was not sufficiently reduced to allow for population growth; therefore, a stated goal of the Recovery Strategy has not been achieved and the Action Plan has not been finalized (OAG 2018a).

To further mitigate the risk of entanglement in the 2018 season, the DFO has implemented extensive static and dynamic closures: with respect to the former, DFO instituted a static fishing closure in the Gulf of St. Lawrence of almost 6500 square km in size, a closure that lasted the entire fishing season. With respect to the latter, for dynamic closures, when a NARW is identified, an area closure is implemented around the whale, and license holders must remove non-tended fixed gear from the closed area (see the justification for further information (DFO 2018d)). However, closures are considered to be relatively small and, considering the amount of line in the fishery, may not be sufficient at reducing the risk of entanglement (Hayes et al. 2018a). They are also adaptive and dynamic and therefore rely on adequate detection of NARW in adequate time frames.

In addition to dynamic closures, the following regulations have been implemented in 2018 to reduce the risk of NARW entanglements: regulations to reduce the amount of rope floating on the surface of the water and the mandatory reporting of all lost gear (DFO 2018c). However, it is unknown if these measures have been fully adopted.

As of 25 July 2018, 146 individual NARW have been identified in Canadian waters (pers. comm., R. P. Jenkins 10 August 2018). No mortalities have been reported in Canadian waters (Withers 2018), but five entanglements have been reported (Cooke 2018). One entanglement was reported in the Gulf and was not seen again (MacKay 2018) and another was reported entangled, and subsequently successfully disentangled (Sturgeon 2018). It is unknown what gear types were associated with these interactions.

68 DFO passed amendments to the Marine Mammal Regulations, which set minimum set-back distances to minimize disturbances of marine mammals throughout Canada, and established reporting requirements for accidental contact that is not otherwise captured in logbook information (Canada Fisheries Act 2018c). The initial rate of return of marine mammal report forms has not been very high (Canada Fisheries Act 2018c); this is partially because fishers spot fewer entanglements compared to seaplanes.

DFO has invested $1 million CAD in ongoing funding for investments in marine mammal response programs (Donkin 2018) and a further $1.5 million CAD over three years for further capacity development in this area (REF). Furthermore, monitoring of NARW and their interactions with fishing gear have substantially increased in 2018 (see Criteria 3.3. for further details) and further improvements in monitoring are expected. In southwestern Nova Scotia, a major roll-out of a bycatch monitoring initiative is starting with the fishing season, starting this fall, for LFAs 33, 34, and 35, for some 1800 vessels, e.g., (DFO 2018l) (DFO 2018m). Finally, a substantial amount of experimental pilot project work is underway to test the effectiveness of ropeless gear, weak lines, hydrophonic detection and monitoring of whales, and innovative fishing practice techniques, all intended to reduce risks of marine mammal entanglement (DFO 2018j).

The main measures to mitigate ghost fishing include biodegradable traps. The Atlantic Fishery Regulations Act mandates that no person may leave fishing gear unattended in the water for more than 72 consecutive hours (Atlantic Fishery Regulations, Part 11, Section 115.2) and the Bay of Fundy has a voluntary gear retrieval project to remove ghost traps (DFO 2016z).

Bycatch in lobster fisheries is relatively low. There are some initiatives regarding bycatch in certain regions, but there is a general lack of consideration for the catch of non-target species in fisheries management. The catch of ecologically important species and species-at-risk is unknown due to a lack of bycatch studies and observer data in some regions. Lobster fisheries do interact with species of concern: entanglements in fishing gear remain a major cause of injury and mortality of NARW, which is caught at levels above their PBR. To reduce the risk to NARW, the DFO have significantly increased their surveillance of NARW and management in the lobster fishery in the 2018 season, for example, by using static and dynamic closures. There has been a considerable effort to reduce the risk to NARW in the 2018 season fishery and although there is uncertainty around their efficacy, there is no definitive evidence to show that they have not been effective at reducing NARW mortalities (since there have been no NARW mortalities recorded in Canadian waters in 2018). Seafood Watch deems the bycatch strategy as “moderately effective." Justification: Crab: The rock and Jonah crab attract varying levels of management across regions. There have been no studies regarding post-release survival, though this is assumed to be high when there are short handling times (Blyth-Skyrme et al. 2015a). Since 2010, there has been a decline in the Jonah crab commercial fishery due to decreased catch rates and market demands (Bedford Institute of Oceanography 2015). The directed rock crab fishery is managed using effort control (number of licenses, individual trap allocation, restrictions on gear characteristics, and limited fishing seasons), with individual catch allocations, an MLS, and females cannot be landed. Individual trap allocations are not based on the stock status or biomass estimates (DFO 2016x).

Turtles: The leatherback turtles have been listed as endangered through SARA since 2003 (DFO 2013h). During most years, the fishery is managed for time, area, and effort such that the inshore lobster fisheries are less likely to interact with leatherback turtles. The lobster season is usually approaching the closed season by the time leatherback turtles arrive. However, the Scotian shelf and LFA 25 remain open when leatherback densities are high, resulting in entanglements. In some years, when turtles arrive early or leave the area late, more entanglements have occurred. The number of turtles killed by the fixed-gear fishery is "grossly underestimated"; there is not enough evidence to show that current management is effective at sufficiently reducing the risk of interactions (Hamelin et al. 2017).

69 Whales: General management strategies that all interactions with ETP species are reported; there is a recovery strategy for NARW, management plans, and the lobster fisheries are managed through seasons, area closures, and effort (e.g., licenses/ traps) resulting in reduced capture of marine mammals. However, all license holders in area 38B (Grey Zone), are eligible to fish in June to November, which overlaps with the months when NARW are present in the Bay of Fundy) (Page 158; (Criquet et al. 2015b)). Ropes are currently too strong for whales to release themselves; ropes have been increasing in strength over time (Knowlton et al. 2016). Meanwhile, NARW population and health has declined, with reproductive health decreasing (e.g., (Rolland et al. 2016)). Survival of entangled NARW is low (Robbins et al. 2015). Analysis of rope strengths in fishing gear removed from 72 entangled large whales representing four species showed clear patterns that smaller whale species and whales of younger age cannot successfully break free from the stronger ropes (Knowlton et al. 2016). Therefore, to reduce the risk of harming NARW, the potential interactions through overlapping lobster fisheries and NARW distribution needs to be monitored, and improved management measures (such as those advised below) need to be implemented (DFO 2016z).

The Action Plan (DFO 2016z), which attributed fishing-related entanglements to the majority of recent mortalities and serious injuries, has not recommended removing fishing gear to prevent entanglements. Yet, removing fishing activities within critical habitats has been suggested as the best method to reduce NARW mortality and injury (DFO 2017u).

The following measures are recommended to reduce and/or mitigate NARW entanglement:

Sinking groundlines in lobster pot trawls to reduce the chance of entanglement in that part of the fishing gear (DFO 2017u) Ropes or rope sleeves with 1700 lb breaking strength for endlines (lower breaking strength than ropes currently used) at all times of year (Knowlton et al. 2016) Ropeless fishing: (Ropeless fishing refers to devices that use an acoustic trigger for releasing a buoy attached to submerged pots that would then float to the surface for gear retrieval. This eliminates vertical lines in the water column (Consortium for Wildlife Bycatch Reduction 2016). To develop and adopt best fishing practices in LFAs (DFO 2017u) Potentially eliminate lobster fishing in 38B due to the overlapping of fishing seasons with whale occurrence in this area (Page 158; (Criquet et al. 2015b)) Establish a region-wide system to identify and communicate whale locations quickly to fishers and improve data sharing (DFO 2017u) Increase the understanding of distribution of NARW and evaluate the risk in these areas (Brillant et al. 2017). This is particularly important as there may be an increasing risk of lobster gear to NARW as their distribution shifts (Pace et al. 2017). Entanglements in lobster gear are occurring but go unreported. To exclude fishing in Grand Manan and Roseway Basins in July, August, and September (Brillant et al. 2017).

In the 2018 lobster season, dynamic closures have been implemented to reduce the likelihood of entanglement of NARW. When a NARW is seen, the DFO creates a buffer zone around the location of the whale sighting (consisting of nine grids). License have 48 hours to remove their fishing gear prior to the closure being implemented (DFO 2018d). The closure is implemented for a minimum of 15 days, but may be extended if there are additional sightings of NARW (DFO 2018d). These closures covered areas within the Gulf of St. Lawrence, the Bay of Fundy (Grand Manan critical habitat area), and off the southern tip of Nova Scotia (Roseway Basin critical habitat area) (pers. comm., R. P. Jenkins 10 August 2018). A review of the effectiveness of the new management measures will be conducted in late 2018 (pers. comm., R. P. Jenkins 10 August 2018). This review will inform the following seasons' management, which may be different from the 2018 season. The DFO are researching further measures to reduce the risk of entanglement, such as weak links in buoy lines, lower-strength lines and hydrophone-trap technology (DFO 2018c).

70 There are concerns over the lack of coordination and transparency between DFO regions (particularly the Gulf, Quebec and Maritimes) on implementing management relating to NARW (pers. comm., S. Arnold 16 October 2018).

LFAS INTERACTION WITH RIGHT WHALES AND MITIGATION This area receives few of the recording sightings relative to sightings in Atlantic Canada (Figure 3-14 38). The SARA Action Plan with Campobello Island Whale rescue team rescues whales throughout Atlantic Canada. There are no lobster fishing activities in the SGSL during the summer and the fall, except in LFA 25 where the lobster fishing season lasts from mid-August to mid-October (Criquet et al. 2015b). The highest concentration occurs in Gaspé Peninsula (Criteria 2), though this migration occurs at a time when the fishery is closed (Criquet, Brêthes, and Allain 2015a). There is a whale entanglement 15-22 mitigation and response plan (using Coast Guard aerial and sea-based surveys and a marine mammal emergency response network) and the Group for Research and Education on Marine Mammals (GREMM), which manages the Quebec Marine Mammal Emergency Response Network and the online portal, Whales Online. The SARA Action Plan with Campobello Island Whale rescue team rescues whales throughout Atlantic Canada. Marine Mammal Response Program from 2011 to 2014 In Gulf Region. The requirement of a minimum of 6 traps per trap line in LFA 26A and fishing practices in place in LFAs 25 (traps set per lines even if not required) reduces the total number of buoy lines in the water column, thereby 23-26 reducing the number of possible interactions with marine mammals and sea turtles (Criquet et al. 2015b). The SARA Action Plan with Campobello Island Whale rescue team rescues whales throughout Atlantic Canada.

71 The inshore lobster season in LFA 33 and LFA 34 runs from the end of November to the end of May, when NARW are rarely in those areas. However, the risk of interaction may be higher at the start and end of the season (DFO 2016z). LFAs 36, 37, and 38, have been considered to present a relatively low risk to NARW (DFO 2016z). However, there are NARW found in LFA 38 at the beginning of the fishing season where the risk is much higher. There are whale location alerts, a whale hotline number (Grand Manan Fishermen’s Association in LFA’s 36 and 38), and sightings are reported to alert fishers. There is a voluntary agreement so that fishers do not operate in an area where a NARW is known and there is a "Voluntary Code of Conduct for Fishermen Working near Whales" (GMFA 2016).

NARW Conservation Areas Roseway Basin and Grand Manan Basin are designated as critical habitat (DFO 2014c) (Blyth-Skyrme et al. 2015a), but fishing still occurs and Brillant et al. (2017) 34,36- recommends that it should be closed to fishing. 38 Fundy North Fishermen’s Association ran a voluntary project to reduce ghost gear and marine debris in 2013 to prevent injury or mortality in marine mammals (e.g., (DFO 2016z)). WWF have a voluntary partnership in LFAs 33 and 34 to reduce the amount of rope in the water column (therefore, reducing the likelihood of entangling whales) (WWF 2009).

Fishers are updated about the whale’s location via Marine Traffic services (Association 2013). Aerial surveillance is conducted to notify fishers of late-season whales (DFO 2015t).

The SARA Action Plan with Campobello Island Whale rescue team rescues whales throughout Atlantic Canada. A NARW voluntary mitigation strategy was implemented for the first time in LFAs 36 and 38 in 2007; this strategy is reviewed annually and remains in practice (GMFA 2013) (Criquet et al. 2015b).

RETAINED SPECIES MANAGEMENT SPECIES Quebec & nGSL In Gaspésie, rock crabs are usually discarded (Criquet and Brêthes 2017b) and likely survive, since invertebrates usually have very high survival rates. The region (Quebec and nGSL) have a conservation harvest plan that aims to protect the trophic links in the fishery (Criquet and Brêthes 2017b). The last stock Rock Crab Yes assessment was published in 2013. The assessment had uncertainties (e.g., unknown levels of total removals though the level of fishing effort does not appear to cause a risk to the rock crab stock in Gaspésie (Criquet and Brêthes 2017b). SGSL

72 In the sGSL, rock crab landings have been required to be recorded in logbooks since 2014 (Criquet and Brêthes 2017a). A recent sGSL bycatch study showed no Rock Crab Yes immediate mortality for discarded rock crab (Criquet and Brêthes 2017a). Only male rock crab can be retained in the sGSL (Criquet and Brêthes 2017c). The directed rock crab fishery has a management plan (Criquet and Brêthes 2017c). Although cunner are allowed to be retained, they are usually discarded, and in a way that causes the least harm (Criquet and Brêthes 2017c). Additionally, in a 2015 bycatch study conducted in the sGSL, no immediate mortality was observed Cunner Yes among bycatch species (Criquet and Brêthes 2017c). In LFA 22, any fish caught incidentally must be returned to the water, and, if the fish is still alive, with as little harm as possible (DFO 2015q). In the sGSL, cunner landings have been required to be recorded in logbooks since 2014 (Criquet and Brêthes 2017a). Although cunner are allowed to be retained, they are usually discarded, and in a way that causes the least harm (Criquet and Brêthes 2017c). Additionally, in a 2015 bycatch study conducted in the sGSL, no immediate mortality was observed Sculpin Yes among bycatch species (Criquet and Brêthes 2017c). In LFA 22, any fish caught incidentally must be returned to the water, and, if the fish is still alive, with as little harm as possible (DFO 2015q). In the sGSL, sculpin landings must be recorded in logbooks since 2014 (Criquet and Brêthes 2017a). Wolffish (spotted and northern) do not inhabit the PEI lobster fishery waters (Criquet and Brêthes 2017a). There are no management measures per se to No-SARA Wolffish reduce the catch of threatened species. Under the Species at Risk Act (SARA) species wolffish are not allowed to be landed and must be returned to the water (DFO 2017n). Maritimes It is illegal to retain female rock crab (DFO 2011b). License holders are required to record crab use for bait on reporting documents. All crab landings must be reported on the crab monitoring document (DFO 2011b). The Maritime region Yes (Criquet has a conservation strategy to keep fishing mortality at a moderate level for Rock Crab and Brêthes bycatch species (DFO 2011b). License holders in all Maritime LFAs may retain 2017a) male Rock Crab bycatch for bait (DFO 2011b). Under license conditions and actual fishing practices, rock crabs are the only retained species in the New Brunswick and Nova Scotia lobster fishery (Criquet and Brêthes 2017a). Jonah crab can only be retained when ≥130 mm in LFAs 34 to 38 (Criquet and Brêthes 2017). Male Jonah crab fisheries MLS is 121mm CW in LFA 33 to 35 (Bedford Institute of Oceanography 2015). It is illegal to retain female Jonah crab (DFO 2011b). License holders are required to record crab use for bait on Yes (Criquet reporting documents. All crab landings must be reported on the crab monitoring Jonah and Brêthes document (DFO 2011b). The Maritime region has a conservation strategy to keep 2017a) fishing mortality at a moderate level for bycatch species (DFO 2011b). License holders in all Maritime LFAs may retain male Jonah crab bycatch for bait (DFO 2011b). Under license conditions and actual fishing practices, rock crabs are the only retained species in the New Brunswick and Nova Scotia lobster fishery (Criquet and Brêthes 2017a).

73 Yes (Criquet Green crab is an invasive species (DFO 2018f). License holders in all Maritime Green crab and Brêthes LFAs may retain Green crab bycatch for bait (DFO 2011b). 2017a) Yes (Criquet Cunner can only be retained when ≥ 10 cm (LFA 27). Under license conditions Cunner and Brêthes and actual fishing practices, rock crabs are the only retained species in the New 2017a) Brunswick and Nova Scotia lobster fishery (Criquet and Brêthes 2017a). Sculpin is not usually a retained species (Criquet and Brêthes 2017a). Therefore, Yes (Criquet it requires little management. Under license conditions and actual fishing Sculpin and Brêthes practices, rock crabs are the only retained species in the New Brunswick and 2017a) Nova Scotia lobster fishery (Criquet and Brêthes 2017a). License holders in all Maritime LFAs may retain sculpin bycatch for bait (DFO 2011b). There are no management measures per se to reduce the catch of threatened species (cusk, cod, wolffish). Compared with the bycatch in other fisheries, the Cusk No bycatch of cusk in the lobster fisheries is regarded as low (Harris and Hanke 2010). Cusk are not allowed to be landed and must be returned to the water (DFO 2013l). There are no management measures per se to reduce the catch of threatened species (cusk, cod, wolffish). The wolffish are returned to the sea with care, as No- SARA Wolffish soon as possible (Criquet and Brêthes 2017a). Under the Species at Risk Act Species (SARA) northern wolfish and spotted wolffish are not allowed to be landed and must be returned to the water (DFO 2013) Cod are not allowed to be landed and must be returned to the water (DFO Cod No 2013l).

Factor 3.3 - Scientific Research and Monitoring Considerations: How much and what types of data are collected to evaluate the fishery’s impact on the species? Is there adequate monitoring of bycatch? To achieve a Highly Effective rating, regular, robust population assessments must be conducted for target or retained species, and an adequate bycatch data collection program must be in place to ensure bycatch management goals are met.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY

74 Moderately Effective The DFO conducts regular stock assessments. The frequency of lobster stock assessments varies to account for the variability of the stock; where the stock is more variable assessments are conducted more frequently.

Most regions use both fishery dependent and independent data to estimate the abundance, however fishery independent studies have limited spatial coverage. There is still too much reliance upon fishery-dependent data, such as landings data; however, fishery-independent data are increasingly being used to determine the stock status. Fishery-independent data sources included at-sea-sampling surveys, monitoring traps, trawl surveys, diving surveys, and video surveys. Stock assessments do not generate estimates of lobster abundance, but instead use other sources of information (e.g., landings, effort, trawl survey data, etc.) to infer trends in stock status (Table 5).

Data-limited methods used in the stock assessment process are deemed to have mixed effectiveness: landings data are not typically considered an appropriate indicator of abundance because they can be impacted by a range of different factors including market demand and improved fishing technologies. North Shore Quebec (LFA 15 to 18) assessments use both fishery-dependent and independent indicators to determine abundance (Table 5), which reduces the uncertainty in the assessment. However, Newfoundland and Labrador assessments only use fishery-dependent data (Table 5), precluding the ability to accurately estimate abundance. DFO stock assessments have been peer reviewed; therefore, assessments that are underpinned by landings data have generally been accepted. Nonetheless, in the most recent peer review meeting, many participants rejected the statement "landings reflect abundance," stating that it was not accurate because "factors such as gear change, unreported landings and temperature may affect reported landings." Subsequently, the statement "landings reflect abundance" was removed from the report. Participants further added that "there was insufficient data to fully assess the status of the resource" (DFO 2017w). Seafood Watch recommends that a fishery should have two or more data-limited indicators from independent data streams to account for uncertainty associated with data-limited approaches. Where multiple indicators are available, but are not independent, data sets are influenced by the same sources of uncertainty and the use of multiple indicators does not provide enough certainty that stock is healthy. Other monitoring methods have mixed effectiveness (see Justification below); therefore, a mixture of data sources are required to counteract sources of uncertainty.

There are significant sources of uncertainty exhibited in the assessment caused by using fishery-dependent data, such as the short length of data series, and because alternative sources of mortality are not calculated, e.g., non-recorded lobster catches (occurring from personal consumption, and potential illegal fishing) (DFO 2016t). In the sGSL, there is concern for the accuracy of catch data and the delay for the availability of these data (DFO 2016t). Within regions, fishery-independent surveys have only been conducted in certain LFAs, and not throughout the whole region; thus, they may not represent regional trends (Table 5). There are inadequate data to determine fishing effort for most areas. Although LFAs possess mandatory logbook programs, some LFAs do not enforce dockside monitoring programs (Table 5); therefore, landings data host higher levels of uncertainty.

Monitoring programs are temporally and spatially sporadic and not standardized (Criquet and Brêthes 2016b). However, this is improving; there are MSC-certified fisheries covering vast areas of Canadian fisheries, which have on-going monitoring programs, e.g,. an at-sea bycatch monitoring program in LFAs 23 to 33 (Criquet and Brêthes 2016a).

Bycatch in lobster fisheries in Canada is low (Criquet and Brêthes 2017a); therefore, the need for continuous bycatch monitoring is reduced. Some areas lack regular bycatch monitoring, though there have been recent increases in bycatch monitoring programs, such as those in Newfoundland, sGSL, Quebec, and nGSL.

75 More monitoring is required to determine the overlap between the lobster fishery and ETP species. Currently, leatherback turtles attract limited monitoring (observer coverage ranges between 0.3 and 6% by area in the offshore lobster fishery in the Maritimes Region), which has led to their reported deaths through entanglement in fixed-gear being "grossly underestimated" (Hamelin et al. 2017). It has been suggested that up to two thirds of human caused NARW deaths may go undetected (Brown et al. 2009). There is monitoring in place for NARW (particularly through reporting hotlines, aerial, sea-based surveillance and rescue services and hydrophones). The DFO Science team has substantially increased surveillance efforts in 2018 (CISION 2018) (DFO 2018h) and the DFO Conservation and Protection (and partners including Transport Canada and NOAA) conduct surveillance to report whale sightings (DFO 2018g) (Daoust et al. 2017). However, recent concerns have been expressed over the methods used to conduct surveillance and their efficacy in detecting migratory whales, for example, the time and duration at which surveillance is conducted. This is partly due to the time and duration of the surveillance method as well as the difficulty of spotting right whales when they are below the surface (pers. comm., Arnold, S. 16 October 2018).

The lobster fishery is selective, which reduces the need for bycatch monitoring, however greater monitoring is required for ETP species. Data-limited methods are used to determine abundance, some of which contain considerable uncertainty, and there is a lack in fishery-independent data to estimate abundance. Therefore, Seafood Watch deems bycatch strategy as a "moderate" concern. Justification: Data-limited indicators may not be appropriate for many reasons: trawls are not considered an effective method to measure lobster abundance (e.g., because trawling is incompatible with lobster swimming speed, making it hard to count lobster, and it is not feasible to trawl a rocky substrate. SCUBA surveys may be inappropriate because the range of the fishery is too large to monitor (Comeau et al. 2007). Where data- limited indicators have not had enough confidence to create proxies, multiple data-limited indicators have been used to infer trends; for example, since all three data-limited indicators used in LFAs 34, 35 to 38 assessments all showed positive trends, there was enough confidence to conclude that the biomass was healthy (DFO 2017h) (DFO 2017i). There are some additional collaborative ongoing surveys to fill in data gaps. This has recently improved through the implementation of the Conservation and Sustainability Strategy developed in the Newfoundland and Labrador lobster fishery (Newfoundland and Labrador Department of Fisheries and Aquaculture 2015). The Strategy considers that monitoring in the region has been highly effective in addressing data gaps in the fishery. This includes monitoring bycatch and ecosystem impacts data through mandatory logbooks and a fisheries stewardship program (Table 5).

Monitoring of ETP species may not be adequate to determine whether mortality caused by the lobster fishery is sufficiently low. Reporting of entanglements of leatherback turtles through logbooks has proved ineffective at recording interactions. Two interactions were reported in logbooks in the 2012 DFO Leatherback turtle interaction report (CSAS 2012), yet dozens of interactions were reported through other means discussed in a recent study (Hamelin et al. 2017). Deaths through entanglement in fixed-gear are considered to be "grossly underestimated" and the true level of mortality is unknown (Hamelin et al. 2017). There is minimal observer coverage in the fishery (Hamelin et al. 2017), with the offshore lobster fishery in the Maritimes Region reporting observer coverage of ranging 0.3 to 6% by area. Therefore, monitoring of the lobster fishery for leatherbacks is too low to determine if the risk of the lobster fishery to the leatherback turtle is sufficiently low (CSAS 2012) (Hamelin et al. 2017). In Quebec and nGSL (LFAs 15 to 22), NARW monitoring is completed via a whale reporting hotline, logbooks, a whale entanglement mitigation and response plan (which includes Coast Guard aerial and sea-based surveys, hydrophones, and a marine mammal emergency response network) (GMFA 2016). In 34, and 36 to 38 there is a NARW entanglement mitigation plan (aerial surveys for whales and hotline to report sightings), which began in 2007 and is reviewed annually (Brown et al 2008) (Criquet, Brêthes, and Allain 2015a) (Association 2013).

Table 5. Monitoring methods employed in LFAs 3 to 38. Dates are provided for when programs have run for

76 certain periods and then discontinued.

AT-SEA DOCKSIDE LFA LOG-BOOK TRAP RECRUITMENT TRAWL OBSERVER SOURCE SAMPLE MONITOR

All data used in t he stock assessmen t are fis hery-depe ndent (DF O 2016b), including reported landings, nominal e ffort; DF O logbook s, and Fi sh, Food and Allie d Workers Union (FF AW) index logbooks (DFO 2016 b) (Newfo undland a nd Labrad or Depart ment of F isheries and Aquac ulture 20 15). FFAW collect d ata from Yes (through modified 3– Yes No Yes No modified trap No No traps to 6 studies) aid abund ance and recruitme nt indice s, such a s the num ber of co mmercial size berr ied femal es, numbe r of v-no tched fem ales caug

77 ales caug ht and se veral cat egories o f undersi zed anima ls includ ing berri ed female s and non -berried females a nd males (Newfound land and Labrador Departmen t of Fish eries and Aquacultu re 2015).

Monitorin g measure s are fou nd in the CHP (DFO 2017o). A rea 17 li cence hol ders must have a fu nctional VMS on bo ard all v essels ab ove of 6. 4 m (DFO 2017p). C atch samp ling is i nsufficie nt especi ally in L FAs 15 an d 16. The re are no indicator s of stoc k product ivity in terms of egg produ

78 ction and recruitme nt for th ese stock s. Due to lack of d ata, the stock sta tus in LF A 18 cann ot be ass essed. Gi ven that there is no more a t-sea sam pling (si nce 2004) or fisher y-indepen dent surv eys for t hese stoc ks, fishi ng pressu re and pr oductivit y are not evaluated (spawning and recru itment) i n Quebec LFAs 19 t 15, o 22. Abu – Yes Unknown Yes No No No No ndance in 18 dicators include t he landin gs record ed on pro cessing p lant purc hase slip s and cat ch rates of commer cial-size lobsters obtained from at-s ea (1993 to 2004) and docks

79 ide (2005 to 2011) sampling and from logbooks filled ou t daily b y fisherm en on an initially voluntary basis, wh ich becam e mandato ry in 200 4 in LFA 17B and 2 007 in LF As 15 and 16. Demog raphic in dicators were take n from si ze-struct ure analy sis of lo bsters an d include mean size , jumbo a bundance (≥ 127 mm ) and sex ratio. Fo r LFAs 15 and 16, t hese indi cators ar e compile d from at -sea (199 3 to 2004 ) and doc kside (si nce 2005) sampling data (DFO

Monitorin g measure s are fou nd in Gas

80 pésie fis hery (LFA s 19, 20, 21) (DFO 2017n)(Ta ble 6; (C riquet an d Brêthes 2017b)): since 201 2, mandat ory elect ronic log book is n ow implem ented in every boa t. Other data sour ces inclu de at-sea and docks ide sampl ing progr ams, samp ling rese arch (aft er season pre-recru it estima tes for G aspé lobs ter). The re is no observer coverage in this f ishery. A n estimat ed 84% of Gaspé lan 2001– dings cam 2011, e from LF Electronic 2016 A 20, 9% mandatory No and from LFA 19 logbooks but except 2008– 2005–2015 No No No 21 Monito also no 19C 2010 ring meas logbooks *1 AND ures are 2015 found in for 19C Gaspésie fishery ( LFAs 19, 20, 21) ( DFO 2017n

81 DFO 2017n )(Table 6 ; (Crique t and Brê thes 2017 b)): sinc e 2012, m andatory electroni c logbook is now im plemented in every boat. Oth er data s ources in clude at- sea and d ockside s ampling p rograms, sampling research (after se ason pre- recruit e stimates for Gaspé lobster). There is no observ er covera ge in thi s fishery . An esti mated 84% of Gaspé landings came from LFA 20, 9 % from LF A 21

1986– 2006–2016 2015 (In season Experimental but recruitment trap logbook 2008– index) and Same as a 20 Yes No No No from 2006– 2010 2011–2016 bove 2015 *2 AND (Postseason 2015 in recruitment 20A1 index)

82 Yes *2 but Same as a another 1997- bove 21 report says No 2004 2005-2016 No No No no *1.

Monitorin g methods are found in (DFO 2 015q). Th e stock a ssessment , conduct ed every three yea rs, is ba sed on th e review of indica tors base d on a) f ishery-de pendent d ata: land ings from mandatory logbooks and docks ide sizin g and wei ghting, a nd b) fis hery-inde pendent d ata: crab s caught during th e annual 22 Yes No Yes No Yes Yes No trawl sur vey for t he lobste r assessm ent are s exed and measured. Logbooks are manda tory as o f the 201 5 fishing

83 5 fishing season. T here is n o observe r coverag e in this fishery. Methods o f the at- sea sampl ing, fall trawl sur vey and S CUBA divi ng survey were iden tical for 2015 and 2016 (Cri quet and Brêthes 2 016c).

Monitorin g methods are found in (Criqu et, Brêth es, and A llain 201 5a). In t he sGSL, there has been an a t-sea-sam pling pro gram sinc e 1983, a recruitme nt index program ( with esca pe vent b lock on t raps) sin ce 1999, and a tra wl survey since 200 1. Both f Yes, a ishery-ba trawl sed (land survey ings, at- sea sampl

84 Yes and a in LFA No apart sea sampl ing, and voluntary 25 from a 23- recruitme Yes Yes Yes Voluntary recruitment- and bycatch 26 nt index LFA index logbook study in logbooks) program 26A 2015 and fishe (2001- ry-indepe 2009, ndent (tr 2012) awl and S CUBA surv eys) data are used in this s cience resp onse (DFO 2016t). T he fisher y-indepen dent data consist o f a trawl survey in LFA 25 an d part of LFA 26A, SCUBA sur vey indic es from L FAs 25 an d 26A and bio-colle ctors (Cr iquet and Brêthes 2 017a).

All at-se a data ar e collect ed by ind ependent technicia ns in LFA s 27. Com mercial c atch rate and catch rate of s ublegal-s ized lobs ters in s tandardiz ed traps

85 (DFO 2017 g). LFAs 27 to 33: They are primarily fishery-d ependent data that consist o f landing s and eff ort data from the fishery, port and at-sea sa mples of the comme rcial cat ch, and d ata from standard traps mai ntained b y the Fis hermen an d Scienti st Resear ch Societ y (FSRS) study par ticipants . Landing levels ar e a funct ion of ab undance a nd a wide range of other fac tors, but are still thought t o be indi Compulsory cative of logbook In LFA 33 in Yes - general t data 2016 as part standard Yes in rends and 33 Yes entered by of the FSRS No No trap data LFA 27 patterns dockside recruitment from of abunda monitoring traps nce. Catc firms *3 h rates ( CPUE) are also affe cted by f

86 cted by f actors ot her than abundance . Commerc ial CPUE for LFAs 27 to 33 comes fro m two sou rces: man datory lo gs and vo luntary l ogs (Criq uet and B rêthes 20 17a). Thi s Science Response updates k ey

abundance indicator s: landin gs, comme rcial cat ch rates and catch rate of s ublegal s izes from Fishermen Scientist s Researc h Society (FSRS) re cruitment traps to the end o f the 201 6 fishing season (2 015–16 fo r LFA 33) (DFO 2017 g).

*3: Data entered b y Docksid e Monitor ing compa nies (Tre

87 nies (Tre mblay et al. 2011) .

Fishery d ependent data cons ist of la ndings an d effort data from the fishe ry, port and at-se a samples of the co mmercial catch, an d data fr om standa rd traps maintaine d by FSRS study par ticipants . Landing s data ar e a data source to determine abundance , but are still tho ught to b e indicat ive of ge neral tre nds and p atterns o f abundan ce. CPUEs are also affected by factor s other t han abund ance. Fis hery-inde pendent d ata inclu de the re gular sum mer DFO r

88 Compulsory mer DFO r logbook esearch s urvey, a data trawl sur 34 Yes Yes Yes entered by No Yes No vey carri dockside ed on by monitoring the indus firms try (ITQ survey), and the s callop su rvey, whi ch record s lobster catches ( Criquet a nd Brêthe s 2017a) (Fisherme n and

Scientist s Researc h Society 2013.). A ll at-sea data coll ected by independe nt techni cians in LFAs 31A, 31B, 32.

*4: Data are enter ed by doc kside mon itoring c ompanies (Tremblay et al. 20 11), base d on thre e primary indicator s (landin gs, comme rcial cat ch rate, and trawl survey ca tch rate) (DFO 2017 h).

89 h).

Area 38B collects VMS data. Commercia l catch r ate is ca lculated as total landings/ total tra p hauls i n LFAs 35 to 38 fro m complet e logbook records, related t o the abu ndance of the legal portion o f the sto ck. The o 20% ther indi 35- Yes Yes Yes Dockside No Yes No cator is 38 Monitoring related t o populat ion abund ance and was based on the st ratified mean of n umber of lobsters per tow i n a fishe ry-indepe ndent tra wl survey (DFO Summ er Resear ch Vessel [RV] Surv ey) (DFO 2017i).

90 Factor 3.4 - 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.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY Moderately Effective All LFAs have some level of enforcement overseen by regional DFO offices. Enforcement methods include aerial surveillance, at-sea inspections, and dockside monitoring (Table 6 below), but enforcement is either employed at a low level, is incomplete, or variable. All fisheries lack complete enforcement methods such as observer coverage, or have low levels of dockside monitoring; therefore, they will be rated collectively as "moderately effective." Justification: All LFAs have some level of enforcement such as logbook inspection, at-sea inspections, and dockside monitoring (Table 6), though these are employed sporadically and are sometimes at a low level, e.g., at-sea sampling programs conducted in sGSL covered approximately 0.12%, 0.05%, 0.12 %, and 0.23% of the fishing trips in LFA 23, LFA 25, LFA 26A and 26B respectively (Criquet et al. 2015b). Prosecutions are performed and fines have increased in LFA 22, 23, 25, and 26A & B. The Eastern Cape Breton, Eastern- and South-Shore Nova Scotia region yielded little concrete evidence of the efficacy of enforcement, beyond numbers of violations in recent years and associated judicial decisions and fines (Criquet, Brêthes, and Allain 2015).

Compliance has remained "very high" with recidivism at "extremely low" levels in LFAs 23 to 38 (Criquet and Brêthes 2017a).

Table 6. Enforcement measures employed in LFAs 3 to 38

Compulsory At-sea LFAs Logbook Fines Observers Dockside References VMS inspections (Newfoundland and 3– Labrador Department 14 of Fisheries and Yes No Yes Yes No No Aquaculture 2015) (DFO 2015i) (DFO 2017q)

91 (Murray et al. 2013) Required in LFA (Criquet, Brêthes, and 17 for vessels Not in 15, Not in 15, 15– Frechette 2015) (DFO Yes > 6.4m. Not in Low Yes 16, 18l, 16, 18l, 22 2017o) (DFO LFAs 15, 16, 19–21. 19–21 2017p) (DFO 2017n) 18l, 19–21. (DFO 2015q)

Low (0.12%, 23– 0.05%, 0.12 %, (Criquet, Brêthes, and 26 and 0.23% in Yes No Yes No* Yes Allain 2015) (Criquet LFA 23, LFA 25, and Brêthes 2017a) LFA 26A and 26B) (DFO 2017g) (DFO 27– Yes and aerial 2011b) (Page 33; Yes No Yes No* Yes 33 surveillance (Criquet and Brêthes 2017a) Yes (plus (DFO 2017i) (DFO there is 2011b) (Criquet, 34– 20% No, apart Yes and aerial Brêthes, and Allain 36, Yes Yes No* dockside from LFA 38B surveillance 2015)(Page 33; 38 monitoring (Criquet and Brêthes in 38B) 2017a) [REF]

* Apart from between May–June and August–October 2015 when independent observers collected data for a bycatch study (Criquet and Brêthes 2017a).

Factor 3.5 - 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, if high participation by all stakeholders is encouraged, and if there a mechanism to effectively address user conflicts.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY Highly Effective Stakeholders are included in the advisory process through advisory committees (typically consisting of industry, aboriginal communities, provincial governments, community stakeholders, non-governmental organizations, and the DFO) and are active participants in stock assessments. Fishers are often represented by their elected port representatives (or an alternate). These advisory committees provide an interface for discussion on issues such as conservation, protection, science, and fisheries management. Additionally, formal

92 and informal discussions surrounding science and enforcement, and issue-specific consultation, occur on an on-going basis; therefore, the management process is transparent and has several mechanisms for stakeholder input. Projects proving highly effective stakeholder inclusion include a collaborative research project in the sGSL (Criquet and Brêthes 2016a), projects with the Fishermen and Scientists Research Society, the Fisheries Science Collaborative Program (FSCP), at-sea sampling studies, recruitment index program, and bio-collector surveys.

Since multiple stakeholders are involved throughout the assessment and management process in a transparent manner, and there are opportunities to address user conflicts, Seafood Watch deems stakeholder inclusion as "highly effective."

93 Criterion 4: Impacts on the Habitat and Ecosystem

This Criterion assesses the impact of the fishery on seafloor habitats, and increases that base score if there are measures in place to mitigate any impacts. The fishery’s overall impact on the ecosystem and food web and the use of ecosystem-based fisheries management (EBFM) principles is also evaluated. Ecosystem Based Fisheries Management aims to consider the interconnections among species and all natural and human stressors on the environment. The final score is the geometric mean of the impact of fishing gear on habitat score (factor 4.1 + factor 4.2) and the Ecosystem Based Fishery Management score. The Criterion 4 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

GUIDING PRINCIPLES Avoid negative impacts on the structure, function or associated biota of marine habitats where fishing occurs. Maintain the trophic role of all aquatic life. Do not result in harmful ecological changes such as reduction of dependent predator populations, trophic cascades, or phase shifts. Ensure that any enhancement activities and fishing activities on enhanced stocks do not negatively affect the diversity, abundance, productivity, or genetic integrity of wild stocks. Follow the principles of ecosystem-based fisheries management.

Rating cannot be Critical for Criterion 4.

Criterion 4 Summary

Gear Type and Mitigation of Region / Method Substrate Gear Impacts EBFM Score Canada / Northwest Atlantic / Pots / Canada / Eastern 3 0 Low Green Cape Breton Concern (3.464) Canada / Northwest Atlantic / Pots / Canada / 3 0 Low Green Newfoundland & Labrador Concern (3.464) Canada / Northwest Atlantic / Pots / Canada / Quebec 3 0 Low Green Gulf and Northern Gulf of St. Lawrence Concern (3.464) Canada / Northwest Atlantic / Pots / Canada / 3 0 Low Green Southern Gulf of St. Lawrence Concern (3.464) Canada / Northwest Atlantic / Pots / Canada / 3 0 Low Green Southwest Nova Scotia and Bay of Fundy Concern (3.464)

Lobster traps present low- to-moderate effects on seafloor habitats, and the resilience of bottom habitat to these effects is considered moderate to high, depending on the specific substratum. At present there is no evidence that the fishing method or the removal of Atlantic lobsters have severe habitat or ecosystem effects. Given that lobster traps are considered to have relatively benign effects on habitat, particularly when compared with mobile gear, there are few measures to reduce or mitigate effects of fishing practices on habitat. Measures

94 in place include gear design (biodegradable panels, buoyant groundlines, mesh sizes), fishing seasons, MPAs, designated critical habitat, voluntary measures to prevent ghost fishing, and laws to ensure that ETP species are released carefully and quickly to the water when caught. There are few studies to ensure that fishing practices are causing minimal impact to habitat and ecosystems, and those completed are small scale.

Criterion 4 Assessment SCORING GUIDELINES Factor 4.1 - Physical Impact of Fishing Gear on the Habitat/Substrate Goal: The fishery does not adversely impact the physical structure of the ocean habitat, seafloor or associated biological communities.

5 - Fishing gear does not contact the bottom 4 - Vertical line gear 3 - Gears that contacts the bottom, but is not dragged along the bottom (e.g. gillnet, bottom longline, trap) and is not fished on sensitive habitats. Or bottom seine on resilient mud/sand habitats. Or midwater trawl that is known to contact bottom occasionally. Or purse seine known to commonly contact the bottom. 2 - Bottom dragging gears (dredge, trawl) fished on resilient mud/sand habitats. Or gillnet, trap, or bottom longline fished on sensitive boulder or coral reef habitat. Or bottom seine except on mud/sand. Or there is known trampling of coral reef habitat. 1 - Hydraulic clam dredge. Or dredge or trawl gear fished on moderately sensitive habitats (e.g., cobble or boulder) 0 - Dredge or trawl fished on biogenic habitat, (e.g., deep-sea corals, eelgrass and maerl) Note: When multiple habitat types are commonly encountered, and/or the habitat classification is uncertain, the score will be based on the most sensitive, plausible habitat type.

Factor 4.2 - Modifying Factor: Mitigation of Gear Impacts Goal: Damage to the seafloor is mitigated through protection of sensitive or vulnerable seafloor habitats, and limits on the spatial footprint of fishing on fishing effort.

+1 —>50% of the habitat is protected from fishing with the gear type. Or fishing intensity is very low/limited and for trawled fisheries, expansion of fishery’s footprint is prohibited. Or gear is specifically modified to reduce damage to seafloor and modifications have been shown to be effective at reducing damage. Or there is an effective combination of ‘moderate’ mitigation measures. +0.5 —At least 20% of all representative habitats are protected from fishing with the gear type and for trawl fisheries, expansion of the fishery’s footprint is prohibited. Or gear modification measures or other measures are in place to limit fishing effort, fishing intensity, and spatial footprint of damage caused from fishing that are expected to be effective. 0 —No effective measures are in place to limit gear impacts on habitats or not applicable because gear used is benign and received a score of 5 in factor 4.1

Factor 4.3 - Ecosystem-Based Fisheries Management Goal: All stocks are maintained at levels that allow them to fulfill their ecological role and to maintain a functioning ecosystem and food web. Fishing activities should not seriously reduce ecosystem services provided by any retained species or result in harmful changes such as trophic cascades, phase shifts or reduction of genetic diversity. Even non-native species should be considered with respect to ecosystem impacts. If a fishery is managed in order to eradicate a non-native, the potential impacts of that strategy on native species in the ecosystem should be considered and rated below.

95 5 — Policies that have been shown to be effective are in place to protect species’ ecological roles and ecosystem functioning (e.g. catch limits that ensure species’ abundance is maintained at sufficient levels to provide food to predators) and effective spatial management is used to protect spawning and foraging areas, and prevent localized depletion. Or it has been scientifically demonstrated that fishing practices do not have negative ecological effects. 4 — Policies are in place to protect species’ ecological roles and ecosystem functioning but have not proven to be effective and at least some spatial management is used. 3 — Policies are not in place to protect species’ ecological roles and ecosystem functioning but detrimental food web impacts are not likely or policies in place may not be sufficient to protect species’ ecological roles and ecosystem functioning. 2 — Policies are not in place to protect species’ ecological roles and ecosystem functioning and the likelihood of detrimental food impacts are likely (e.g. trophic cascades, alternate stable states, etc.), but conclusive scientific evidence is not available for this fishery. 1 — Scientifically demonstrated trophic cascades, alternate stable states or other detrimental food web impact are resulting from this fishery.

Factor 4.1 - Physical Impact of Fishing Gear on the Habitat/Substrate

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY 3 The trap fishery has contact with the seabed. In Canada, lobsters are caught using traps that are generally thought to have small- to-moderate effects on the habitat (Fuller et al. 2008). Given that lobster traps are not deployed year round, their location changes from season to season, and the majority of the fishery occurs in a relatively high energy environment (i.e., inshore), impacts on the seafloor, as compared to bottom trawling gears, are considered to be low. The spatial extent of these impacts is also considered to be small relative to mobile fishing gears. The fishery footprint of LFA 34 has been calculated to be <0.1% for the whole area per year, and <2% in the inshore area (DFO 2013e). The fishery footprint in LFAs 35 to 38 is calculated at less than 0.05% of the total area (Criquet et al. 2015a).

Various sources show that substrates in Atlantic Canada comprise a mixture of sand, mud, gravel, and rock habitats in the Bay of Fundy (Shaw et al. 2012), German Bank (Todd and Kostylev 2011), sGSL (Mateo et al. 2017), SW Newfoundland (Shaw 2012), and Scotian shelf (Fader et al. 2004). These habitats are not particularly sensitive. For this reason a score of 3 is given. Justification: The impact on the local flora and fauna will vary according to the nature of the sediment (e.g., sand, hard gravel, soft clay/silt), presence of a slope, extent of water movement, etc. The bulk of the lobster fishery takes place inshore where water movement is high and thus one may expect the damage of traps to the seafloor to be small, as organisms in this region have adapted to regular disturbances.

The main damage caused to the habitat is through crushing organisms when dropped to the seafloor and when traps are dragged along the bottom due to storms, or when pulled to the surface (Chuenpagdee et al. 2003). Vulnerable habitats such as corals receive significantly more damage when traps are dragged across the seabed, as opposed to crushing (Shester and Micheli 2011). Crushing and dragging can occur when retrieving traps or in strong currents (Criquet et al, 2015) (Criquet, Brêthes, and Allain 2015a). There is

96 minimal dragging of traps when they are hauled correctly but this will depend on sea conditions.

Traps are usually heavy enough to minimize movement due to bottom currents (Pezzack et al. 2009).

Relative to the size of impact of mobile fishing gears, one can expect the damage caused by lobster traps to be minimal. Several reviews conclude that it would be small, but could increase with the density and frequency of traps being hauled (Pezzack et al. 2009). A study conducted in southern England and western Wales found that after four weeks of fairly intensive fishing for crabs and lobsters using traps, there were no obvious detrimental effects on the abundance of the species studied (Eno 2001). The study concluded that the direct impact of the traps on bottom flora and fauna was likely to be less important than the intensity and frequency of bottom contact. The location of lobster traps is likely to vary with the season and thus repeated impact in a particular area is unlikely, allowing areas to recover from any damage.

However, there are specific habitats that are fundamental to the survival of ETP species (discussed in Criteria 2). SARA has designated areas of “critical habitat” to ensure survival and recovery for species such as wolffish, which are caught predominantly in sand, shell, and rock habitats. The fishery does operate in some essential fish habitats, though limited by depth, which protects deep EFH (often inhabited by deep-water species such as wolffish) (DFO 2008a).

The Canadian lobster fishery comprises areas of either low (southwest Nova Scotia) or low- to-intermediate sensitivity (e.g., edges of Georges Bank) (Blyth-Skyrme et al. 2015a). The footprint of the fishery has declined through time due to a decrease in number of hauls allowing recovery for vulnerable habitats. Previous studies have noted recoveries among vulnerable species when given time to recover (Eno 2001).

Factor 4.2 - Modifying Factor: Mitigation of Gear Impacts

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY 0 There is insufficient mitigation to reach the moderate mitigation score. Some mitigation measures have been implemented (including biodegradable trap panels, MPAs (one MPA protects coral communities and others prevent fishing on vulnerable deep-water habitats (DFO 2007)), fishing seasons that provide the habitat with time to recover and effort limits (through limited entry). However, MPAs do not cover a substantial proportion of the LFAs and their efficacy has not yet been proven. Additionally, uncertainty exists around where critical habitats are and the efficacy to protect them. Therefore, these are unlikely to reduce effort or allow recovery to a level similar to that which an MPA would provide. Therefore, it is deemed that “no mitigation” is applied. Justification: Some regions have sufficient data to determine that a lobster fishery poses a low risk to the habitat. This is partly attributable to their adoption of management measures. The Government of Canada currently protects 5% of its marine and coastal areas (DFO 2017r). MPAs have been implemented for many reasons, including to protect lobsters (Table 7 below), e.g., to protect coral communities (Blyth-Skyrme et al. 2015a) or reduce the impact of gear conflicts. All MPAs in Eastern Canada are shown in Figures 35, 36, and 19 and have been implemented to protect juvenile lobster (such as those in Les Demoiselles nursery, Plaisance Bay in the Magdalen Islands, and the Magdalen Islands lagoons). MPAs to protect lobster habitat include Saguenay Fjord Upstream, where all otter trawl fishing is prohibited. However, these areas do not cover a substantial

97 proportion of the regions and their efficacy has not yet been proven as effective at mitigating lobster fishing impacts on habitats.

Table 7. MPAs related to assessed regions and the lobster fishery and their reasons for protection (DFO 2017s) PROVINCE NAME PROTECTING New Brunswick Scallop Buffer Zone – SFA 21 juvenile lobster habitat New Brunswick, Prince Edward Island Scallop Buffer Zone – SFA 22 juvenile lobster habitat and Nova Scotia Prince Edward Island Scallop Buffer Zone – SFA 24 juvenile lobster habitat and Nova Scotia 7 Lobster Area closures in Trout River, Shoal Point, the area to increase Newfoundland and Penguin Islands, Gooseberry Island, Glovers Harbour, lobster spawning and Labrador Mouse Island, and Gander Bay egg production Quebec Magdalen Islands lagoons (6 overlapping closures) lobster habitat Les Demoiselles nursery (Plaisance Bay), Magdalen habitat nursery ground Quebec Islands for juvenile lobster.

Figure 23 MPAs in Eastern Canadian waters. Source: (DFO 2017v)

98 Figure 24 MPAs in Eastern Canada. (DFO 2017v)

99 Figure 25 LFA 40 (6,654 km2), which was closed in 1979 to protect lobster broodstock. LFA 40 represents 1.4% of the total area of DFO Maritimes Region (475,174 km2).

Overall factor 4.1 receives a score of 3, or a "moderate" conservation concern.

100 Factor 4.3 - Ecosystem-Based Fisheries Management CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY Low Concern Although some recent stock assessments include brief overviews of relevant ecological issues, there is a general dearth of scientific research regarding the relationships between the lobster fisheries and marine ecosystems. Potentially important avenues through which the lobster fisheries and marine ecosystems may affect each other include the effect of reduced groundfish predation on lobsters, and the effects of lobster bait on lobsters and benthic trophic relationships.

The lobster fishery does not catch species that play exceptional ecological roles, but recent research indicates that the lobster fisheries' relationship to broader ecosystem processes may still be multi-faceted. Fisheries- mediated reductions in groundfish, especially Atlantic cod (Steneck et al. 2004), may have released lobster from predation pressure and facilitated increased lobster abundance in the Canadian Gulf of Maine (Boudreau and Worm 2010). Lobster fisheries' use of bait may be an avenue for ecosystem effects: in the American Gulf of Maine lobster fishery, lobster bait may subsidize growth of sub-legal lobsters (Grabowski et al. 2010).

Some recent lobster stock assessments include sections for ecosystem considerations; these sections identify avenues by which the lobster fishery and the larger marine ecosystem may interact. These sections may include rough estimates of lobster fisheries' seafloor footprints and the effect of other species on lobster mortality (Tremblay et al. 2013). Some lobster assessments also include sections on the identity and estimated weights of species caught incidentally in the lobster fisheries.

The fishery catches ETP species, and though there are spatial measures applied to the fishery, including MPAs to protect vulnerable habitats and deep-water areas, the efficacy of these measures have not been assessed. Management measures are designed to reduce the risk of fishing on habitats, ghost fishing, capture and mortality of ETP species including area closures, trap requirements, technical conservation measures and invasive species management (see Justification for details).

The lobster fisheries are scored "low" concern for ecosystem-based fishery management, based on Seafood Watch criteria's requirements for fisheries, since policies exist to protect ecosystem functioning, though the ecological role of lobsters are not yet understood well enough to ensure that management effectively protects any ecological roles. There is spatial management, though their efficacy has not been proven as effective in protecting ecosystem functioning. Justification: The lobster fisheries are considered as highly unlikely to cause serious or irreversible harm to the ecosystem structure and function. Management measures include:

Precautionary management measures to protect other species within the food web, such as protected areas for mammals and a network of MPAs (Figure 20) (DFO 2017s). Trap reduction programs, e.g., in sGSL (DFO 2017t). Protecting broodstock by V-notching to protect egg-bearing female lobsters and hence eggs for predation and enforcing a MLS and female size window (Appendix C). Spatial and temporal measures: closed areas, closed times (Appendix C) and fishing prevented in deep water environments (DFO 2008a). Biodegradable panels and escape vents, which allow certain non-target species to escape (Appendix C).

101 Minimum number of traps per line, and removal of endlines (Appendix C). Biodegradable traps and protected areas have been efforts implemented and being developed to mitigate the risk of ghost fishing (DFO 2017t). Inshore Lobster harvesters are allowed to retain green crab (Carcinus maenas), e.g., in LFAs 27 to 38 (Criquet and Brêthes 2017a), which helps maintain ecosystem balance because they are an invasive species that competes with and preys upon lobster (DFO 2010b).

Other regions have attracted studies regarding environmental impacts including PEI lobster size composition, benthic communities, diversity, food web, and habitat impacts. The study also found that there was no concern that the fishery caused serious or irreversible harm to the ecosystem function or structure (Criquet and Brêthes 2014).

A conservation plan has been designated to prevent trophic cascades. Rock crab are caught in many of the lobster fisheries; this is a key species in the Gaspésie ecosystem since it forms an important prey species for lobster and other predators. A recent assessment concluded that the fishery does not pose a significant risk to the rock crab in Gaspésie. The diameter of the circular escape vents in lobster traps was increased to 65 mm for the 2016 fishing season, which is a standardized size within the fisheries, thereby allowing increased escapement of rock crab. Interactions between the Gaspésie lobster trap fishery and ETP species are low and there is a low level of risk of the fishery causing serious or irreversible harm to ETP species. During the 2015 Merinov study, the Atlantic wolffish has been observed in catches only in one area, Newport, and represented 2% of bycatches in weight. Individuals are released alive (Criquet and Brêthes 2016b).The lobster fisheries in this region are considered highly unlikely to cause serious or irreversible harm to the ecosystem structure and function.

102 Acknowledgements

Scientific review does not constitute an endorsement of the Seafood Watch® program, or its seafood recommendations, on the part of the reviewing scientists. Seafood Watch® is solely responsible for the conclusions reached in this report.

Seafood Watch would like to thank the consulting researcher and author of this report, Bev O'Kane, as well as several anonymous reviewers for graciously reviewing this report for scientific accuracy.

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122 Appendix A: Extra By Catch Species ATLANTIC ROCK CRAB Factor 2.1 - Abundance

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY Moderate Concern The last stock assessment for Quebec was published in 2013 and showed that in most areas, the size structure and average size were stable for previous years, except for the northern Gaspé Peninsula, which experienced decreased average size and abundance of large crabs since 2006 (DFO 2013k).

In the sGSL, there are no estimates for total biomass and landings. The only data-limited indicator that is available for the fishery is the bio-collector survey conducted on the PEI, which suggests very low or declining abundance (LFAs 24, 25, 26A) (DFO 2016x).

There no stock assessments available for the East Cape Breton and South Nova Scotia or the Newfoundland and Labrador fishery.

Rock crab are considered to have a medium vulnerability to pot fisheries in Canada (see detailed rationale for calculation). Due to the uncertainty in the data used in the stock assessments and the lack of biological reference points, Seafood Watch considers the abundance of Atlantic rock crabs to be a “moderate" conservation concern. Justification: Assessments of rock crab stocks in Canada are generally conducted using fishery-dependent data such as CPUE, landings and logbook data. There is uncertainty associated with the logbook data, since some are considered to be incomplete (DFO 2016x).

sGSL: The most recent assessment gave no estimates of abundance or biomass, but suggested that because landings had remained fairly constant at an annual average of 4,301 t between 2000 and 2011, and because the total individual allocation for all licenses issued of 6,480 t was not reached, the Atlantic rock crab stocks were abundant. According to the assessment, in 2011, there was room for increased harvest as only 62% of the total allocation was landed (DFO 2013d).

Quebec and nGSL: In LFA 22, there is no biomass estimate, though stock assessments are conducted every three years. Assessments use fishery-dependent data (landings from mandatory logbooks and dockside monitoring) and fishery-independent data (from annual trawl surveys). The most recent stock assessment showed an average of a 33% decreases in CPUE for the years 1998 to 2011. Lower densities from trawl survey were detected compared to previous assessments. The size structure of the population has remained stable since 2001 in certain areas. There were low recruitment rates in 2012 with no trend of increasing recruitment. This has led to a decrease in quota from 558.82 t in 2013 to 486.17 t for 2014 and 2015 (Criquet and Brêthes 2015).

123 Score (1 = low risk, 2 = medium Productivity Attribute Relevant Information risk, 3 = high risk) Average age at maturity 3 to 5 years (DFO 2004) Low (1) Average maximum age 7 Years (DFO 2004) Low (1) 125,000 to 500,000 eggs ((DFO Fecundity Low (1) 2004) Reproductive strategy Brooder Medium (2) Trophic level Unknown - Density dependence No density dependence Medium (2) (invertebrates only) demonstrated (DFO 2004) Productivity score (1+1+1+2+2)/5 = 1.4

Score (1 = low Susceptibility risk, 2 = Relevant Information Attribute medium risk, 3 = high risk) Areal overlap Exact overlap unknown, found in shallow coastal waters into depths of 2600 ft High (3) from Newfoundland to the Carolinas (DFO 2004), fished throughout its range (Considers all fisheries) Vertical overlap Benthic invertebrate targeted using bottom-set traps. High (3) (Considers all fisheries) Selectivity of fishery Adults are able to escape gear through escape gaps (pers. comm., DFO Medium (Specific to 2018); however, they are also retained as secondary catch or for use as bait. (2) fishery under assessment) There are a lack of data (discards, bait use, and survival) across these Post-capture fisheries to determine the PCM. In the sGSL, all lobster licence holders (2,931 mortality in 2015) can land rock crab as bycatch or it can be used as bait. Discards are not known in the sGSL fishery and no estimates are available for the amount High (3) (Specific to of rock crab caught for bait in the lobster fishery (DFO 2016x). fishery under assessment)

124 Susceptibility [((3*3*2*3)-1)/40]+1 = 2.325 score

PSA score for rock crab in Canadian pot fisheries is calculated as follows:

Vulnerability (V) = 2.714 Therefore vulnerability of rock crab to Canadian pot fisheries is considered to be "medium."

Factor 2.2 - Fishing Mortality

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY Moderate Concern No exploitation rates or fishing mortality reference points are available for rock crabs in the regions considered below. In all regions discussed, recorded landings of rock crab caught in the bycatch fishery have declined, which has been attributed to improvements in lobster gear (where increases in the size of escape gaps allow more rock crab to escape). However, rock crabs may represent a significant proportion of bait in some areas. There are a lack of data on the amount of rock crab used as bait. Specific to their occurrence in the lobster fishery, studies often report that rock crab are one of the most common species captured. In many LFAs retaining and using legal sized male rock crab as bait is very common e.g., (Criquet, Brêthes, and Allain 2015b).

The precise scale of rock crab caught and used as bait in the lobster fishery is unknown. Information from directed crab fisheries suggest that the lobster fishery is not having a negative impact on the crab stocks; yet, due to the uncertainty associated with the impact of the lobster fishery, Seafood Watch considers fishing mortality to be unknown and is scored as a “moderate" conservation concern.

Justification: sGSL: There are no estimates of exploitation rates of rock crab in the sGSL. Data on the amount of rock crab caught as bycatch in the lobster fishery have been collected through sales transactions. Landings of rock crab occurring as bycatch from the lobster fishery have declined steadily since 2004 (from around 1,000 t reported in 2012 to 76 t reported in 2015 (Figure 2; (DFO 2016x)). This is most likely due to the improvements in lobster traps, which allow more rock crabs to escape; however, this has not been tested in all LFAs (DFO 2016x).

These declines have also been observed in bycatch studies: the proportion of rock crabs compared to lobster catches declined from 5.6% (216.8 MT) in 2012 to 2.2% (73.3 MT) in 2014 (Criquet and Brêthes 2016a). Rock crab represent less than 5% of bycatch in LFAs 23, 24, 26A and 26B and 8.3% of bycatch in LFA 25 (Criquet and Brêthes 2017a).

Lobster licence holders are eligible to land rock crab as bycatch, but the proportion of lobster licence holders who report rock crab landings has declined from 13% in 2011 to 4% in 2015 (DFO 2016x).

125 The proportion of rock crabs taken as bycatch compared to those taken in the directed fishery has declined (from 17% in 2000 to 2% in 2015). This has occurred even though the landings in the direct rock crab fishery have been declining (which has been managed conservatively under an individual catch allocation) (DFO 2016x).

There is no estimate for the amount of rock crab caught and used as bait in the lobster fishery (DFO 2016x). In certain areas, Atlantic rock crabs are frequently used as bait, especially when access to other traditional baits (e.g., herring and mackerel) is difficult (DFO 2013f). There is concern that market demands for Atlantic rock crab products could drive the lobster fleet to substantially increase fishing pressure for crabs as bycatch (DFO 2013f).

Quebec: Data show that rock crab are the most abundant bycatch species by weight in the Gaspé Peninsula and Magdalen Islands (DFO 2013k). In LFAs 19, 20, and 22 rock crab represent over 90% of the bycatch by weight in lobster traps (DFO 2012a). Since 2009, no rock crab landings that occurred through bycatch in the lobster fishery have been reported in the Quebec fishery. However, these landings data do not account for rock crabs that have been retained for bait. There are no available data on the quantity of rock crab used for bait in the lobster fishery, yet rock crabs potentially represent significant bait quantities in certain areas (DFO 2013k).

East Cape Breton: Along the Atlantic coast of Nova Scotia (27, 29, 30, 31A, 31B, 32, and 33), rock crab totaled between 0.13 to 0.5 kg/trap and was found in 20.1% of traps. It can be estimated that per 1034.78 kg of lobster retained, 29.34 kg of rock crab are also retained (or 3%) (den Heyer et al. 2010). Though studies from LFA 31a and LFA 31b (Southwest Nova Scotia and Bay of Fundy region) estimate that bycatch of the rock crab can be as high as 9% (Criquet, Brêthes, and Allain 2015a). The Guysborough County Inshore Fishermen's Association estimates that the amount of rock crab caught as bycatch and retained as bait is approximately 18 to 75% in LFA 31AB (Delorey 2011).

Southwest Nova Scotia & Bay of Fundy: Between 2014 and 2015, crab landings (including Jonah and rock crabs) for LFA 27 to 38 were 391,137 kg. The amount that are caught in the lobster fishery is unknown. However, reports suggest that the level of exploitation is not likely to impact crab resources (considering their conservation measures such as MLS mandatory discarding of female crabs) (Criquet and Brêthes 2016a).

Factor 2.3 - Discard Rate

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR < 100% There is no discard and bait study for the region. In the absence of discard studies, similar studies (shown below), have found non-lobster bycatch rates between 5% (Criquet, Brêthes, and Allain 2015b) to 17% (Criquet et al. 2015c).and lobster discards of up to 74% in LFA 34 (Table 3 in (DFO 2014d)). Post-capture mortality of lobster is assumed to be near to zero (Criquet and Brêthes 2017a); therefore, if they are discarded, most are likely to survive except for soft-shell lobsters, which have higher mortality rates (Blyth- Skyrme et al. 2015b).

Other fisheries in Atlantic Canada likely have a bait plus discards-to-landings ratio of below 100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE < 100%

126 There is no bycatch/discard and bait study for the region. However, neighboring fisheries (including the Gaspé Peninsula Marine Stewardship Council (MSC) assessment records that bait usually comprises mostly mackerel (75%), sGSL fall-spawning herring and some rock crab (Criquet et al. 2015c) where rock crab equated to around 1% of lobster landings. In the Gaspésie MSC fishery, 823 t of mackerel bait were recorded to be used in 2016 while 1,926 t lobster were landed (Criquet and Brêthes 2017b), which equates to nearly 43%. Bait use has apparently decreased over the past 10 years. In 2012, it was estimated to equal around 92% of the lobster catch and from DFO e-log data from 2015, was considered to form around 62% of lobster catches (Criquet and Brêthes 2016b).

Bycatch species form around 17% from a previous bycatch study. Around 10% of these are rock crabs, but rock crabs are considered often to be discarded, which have high survivability rates (Criquet et al. 2015c).

Therefore, bait plus discards-to-landings ratio is assumed to be <100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE < 100% Bait is mainly formed of mackerel and herring in this region. In the PEI MSC fishery, herring and mackerel bait represented 1,907 t and 1,687 t (totalling 3,594 t) in 2012. For the same area (PEI MSC fishery), 12,180 t of lobster were landed in 2012 (Criquet and Brêthes 2016c). Therefore, bait use represented 30% of lobster landings.

Around 95% of bycatch caught in the fishery is the target species and most discards are released alive, e.g., berried females and rock crab (Criquet, Brêthes, and Allain 2015b). Therefore, bait plus discards-to-landings ratio is assumed to be <100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON < 100% Throughout the Maritimes region (which includes LFAs 27 to 38), bait comprises the following species and amounts (mackerel, 8153 t; rock crab, 5512 t; herring, 7601 t), totaling 21,266 t in 2012 (Criquet, Brêthes, and Allain 2015b). Throughout this season, 40,862 t of lobster were landed in the Maritimes region (Criquet and Brêthes 2016a). Therefore, mackerel, herring and rock crab represented 20%, 19%, and 13% of lobster landings. Overall bait use represented 52% of lobster landings.

In previous bycatch studies conducted in LFAs 27 to 33, no bycatch species comprised 5% or more of the lobster catch. In another study, the non-lobster portion of the total catch ranged from 1.5% in LFA 31b to 13% in LFA 33 (DFO 2014d).

However, discards of lobster can be larger than the amount of those retained: in previous studies, 127% (LFA 27), 79% (LFA 32) and 22 to 25% (LFAs 30–31b) were discarded (DFO 2014d). Lobsters are assumed to have high survival rates and traps are designed to avoid capturing juveniles and berried females are usually released alive (Criquet, Brêthes, and Allain 2015b). However, in these studies, sublegal lobster represented a large amount of lobster discards (90% in LFAs 27, 33 and 34; 72 to 79% in LFAs 30–31b; 53% in LFA 32). In LFA 27, the MLS has increased from 77.5 mm in 2007 and is currently at 82.5mm (Appendix C), which has increased the number of discards. However, discard mortality is assumed to be near zero (Criquet and Brêthes 2017a).

127 Since bait use is approximately 50% of landings, lobster discard mortality is thought to be close to zero, and bycatch of non-target species is at most 13%, a total discard and bait use of <100% is assumed. Justification: To determine discard mortality, more studies are required to understand discard mortality of sublegal sized lobsters. Natural mortality changes dependent on many factors including lobster size (Tremblay et al. 2013) and tagging studies show that multiple captures may increase the damage and stress of molting lobsters (a process that undersized lobsters frequently undergo) (Pezzack et al. 2014). When lobsters have finished molting, they have a soft shell and experience higher levels of mortality at this time (Blyth-Skyrme et al. 2015b).

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY < 100% Throughout the Maritimes region (which includes LFAs 27 to 38), bait comprises the following species and amounts (mackerel, 8153 t; rock crab, 5512 t; herring, 7601 t), totaling 21,266 t in 2012 (Criquet, Brêthes, and Allain 2015b). Throughout this season, 40,862 t were landed in the Maritimes region (Criquet and Brêthes 2016a). Therefore, mackerel, herring, and rock crab represented 20%, 19%, and 13% of lobster landings. Overall bait use represented 52% of lobster landings.

The non-lobster catch is 14% in LFA 34 (DFO 2014d).

Discards of lobster in LFA 34 represent between 70% (Worcester 2013) or 74% (Table 3 in (DFO 2014d)), mostly (97%) comprising undersize lobsters (DFO 2013c). Discard mortality of lobsters is assumed to be near to zero (Criquet and Brêthes 2017a) and therefore, dead discards of lobster are assumed to be low.

Bait plus discards-to-landings ratio is likely to be under 100%; therefore, the score is multiplied by 1. Justification: To determine discard mortality, more studies are required to understand discard mortality of sublegal-sized lobsters. Natural mortality changes dependent on many factors including lobster size (Tremblay et al. 2013) and tagging studies show that multiple captures may increase the damage and stress of molting lobsters (a process that undersized lobsters frequently undergo) (Pezzack et al. 2014). When lobsters have finished molting, they have a soft shell and experience higher levels of mortality at this time (Blyth-Skyrme et al. 2015b).

ATLANTIC COD Factor 2.1 - Abundance

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR High Concern Atlantic cod in Eastern Canada has been assessed as "endangered" by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) (COSEWIC 2010). Therefore, Seafood Watch deems Atlantic cod to be of “high” concern. Justification: The Atlantic cod stocks in Eastern Canada have suffered extreme biomass declines; therefore, a moratorium

128 was implemented in the early 1990s to reduce pressure on the population. Several of the more viable stocks are seeing small improvements in the health of the stock (DFO 2012b) but, in general, most stocks have yet to see significant rebuilding.

In 2010, Atlantic cod was re-assessed and COSEWIC split the Maritimes region 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) and this status still remains in a recent report (DFO 2016w). SARA has not listed either Laurentian South or Laurentian North cod populations (Figure 13) but the species’ enlisting has recently been considered (DFO 2016w).

Atlantic cod in the Newfoundland and Labrador region (includes 2GH, 2J3KL, and 3NO) was determined to be "endangered" in 2003 by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC). In 2010, COSEWIC re-assessed the status of this population and confirmed the "endangered" status (COSEWIC 2010). This status also remains (DFO 2016w). They also determined that the Laurentian North population, which includes part of the southern Newfoundland area (subdivision 3Ps) and the nGSL (3Pn4RS), is "endangered."

Figure 17 Distribution of Atlantic cod in NAFO management areas: 3Ps, 3Pn, 4RS, 4X, 4V, 4W, 5Y, 5Z. Source (DFO 2015h).

129 CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE High Concern Atlantic cod in Eastern Canada has been assessed as "endangered" by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) (COSEWIC 2010). Therefore, Seafood Watch deems Atlantic cod to be of “high” concern. Justification: The Atlantic cod stocks in Eastern Canada have suffered extreme biomass declines; therefore, a moratorium was implemented in the early 1990s to reduce pressure on the population. Several of the more viable stocks are seeing small improvements in the health of the stock (DFO 2012b) but, in general, most stocks have yet to see significant rebuilding.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY High Concern Atlantic cod in Eastern Canada has been assessed as Endangered by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) (COSEWIC 2010). Therefore, Seafood Watch deems Atlantic cod to be of “high” concern. Justification: The Atlantic cod stocks in Eastern Canada have suffered extreme biomass declines; therefore, a moratorium was implemented in the early 1990s to reduce pressure on the population. Several of the more viable stocks are seeing small improvements in the health of the stock (DFO 2012b), but, in general, most stocks have yet to see significant rebuilding.

In 2010, Atlantic cod was re-assessed and COSEWIC split the Maritimes region 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) and this status remains (Species at Risk Public Registry 2016). SARA has not listed either Laurentian South or Laurentian North cod populations (Figure 13) but the species’ enlisting has recently been considered (Species at Risk Public Registry 2016).

Cod abundance has been fluctuating at a historically low level since 2010 with little sign of recovery (DFO 2015d). The 4X5Yb cod stock assessment found that the SSB=10,600 t, which is below the LRP (24,000 t) (DFO 2015a).

130

Figure 18 Distribution of Atlantic cod in NAFO management areas: 3Ps, 3Pn, 4RS, 4X, 4V, 4W, 5Y, 5Z. Source (DFO 2015h).

Factor 2.2 - Fishing Mortality

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY Low Concern North of the Laurentian Channel, the largest threat to the recovery of cod is fishing mortality, yet south of the Laurentian Channel, increased natural mortality rates have overtaken fishing mortality as the primary threat (COSEWIC 2010). Although the bycatch of cod in commercial fisheries contributes to overfishing concerns (COSEWIC 2010), recent information suggests that lobster traps catch Atlantic cod infrequently (<1% of observed trap hauls, (den Heyer et al. 2010) and more recently in Eastern Nova Scotia, cod were estimated to only represent 0.18% of the total catch weights (Criquet et al. 2015b). In a three-year SARA bycatch project,

131 cod represented 1% of the lobster catch in LFA 34 (Criquet et al. 2015b). Since there are few recent calculated fishing mortality values for all the cod stocks (Steneck et al. 2004) in eastern Canada, but lobster fishing forms a low contribution to total mortality (particularly compared to other gears), it is not deemed a substantial contributor to fishing mortality of cod and therefore is deemed a "low" concern across all lobster fishing areas. Justification: Fishing has been low in 3L and 3Ps in recent years (~0.01) (Figure 14) (DFO 2016p). In the 3Ps, the TAC for 2016/17 is recommended at 13,043 t (DFO 2016o). Estimated total mortality has been increasing since 1997. Annual mortality is considered to be high, though traps are not expected to cause mortality as much as other gears such as gill nets (DFO 2016p).

Figure 19 Trends in population-weighted fishing mortality rates (fishing mortality, F, left panel) and natural mortality (M, right panel). Dark lines are the age-aggregated model estimates (solid lines for ages 5-14), dashed lines in left panel for ages 7-9) and grey lines are the 95% CI’s. Source (DFO 2016p).

Factor 2.3 - Discard Rate

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR < 100% There is no discard and bait study for the region. In the absence of discard studies, similar studies (shown below), have found non-lobster bycatch rates between 5% (Criquet, Brêthes, and Allain 2015b) to 17% (Criquet et al. 2015c).and lobster discards of up to 74% in LFA 34 (Table 3 in (DFO 2014d)). Post-capture mortality of lobster is assumed to be near to zero (Criquet and Brêthes 2017a); therefore, if they are discarded, most are likely to survive except for soft-shell lobsters, which have higher mortality rates (Blyth- Skyrme et al. 2015b).

Other fisheries in Atlantic Canada likely have a bait plus discards-to-landings ratio of below 100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE < 100% There is no bycatch/discard and bait study for the region. However, neighboring fisheries (including the Gaspé Peninsula Marine Stewardship Council (MSC) assessment records that bait usually comprises mostly mackerel (75%), sGSL fall-spawning herring and some rock crab (Criquet et al. 2015c) where rock crab equated to

132 around 1% of lobster landings. In the Gaspésie MSC fishery, 823 t of mackerel bait were recorded to be used in 2016 while 1,926 t lobster were landed (Criquet and Brêthes 2017b), which equates to nearly 43%. Bait use has apparently decreased over the past 10 years. In 2012, it was estimated to equal around 92% of the lobster catch and from DFO e-log data from 2015, was considered to form around 62% of lobster catches (Criquet and Brêthes 2016b).

Bycatch species form around 17% from a previous bycatch study. Around 10% of these are rock crabs, but rock crabs are considered often to be discarded, which have high survivability rates (Criquet et al. 2015c).

Therefore, bait plus discards-to-landings ratio is assumed to be <100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE < 100% Bait is mainly formed of mackerel and herring in this region. In the PEI MSC fishery, herring and mackerel bait represented 1,907 t and 1,687 t (totalling 3,594 t) in 2012. For the same area (PEI MSC fishery), 12,180 t of lobster were landed in 2012 (Criquet and Brêthes 2016c). Therefore, bait use represented 30% of lobster landings.

Around 95% of bycatch caught in the fishery is the target species and most discards are released alive, e.g., berried females and rock crab (Criquet, Brêthes, and Allain 2015b). Therefore, bait plus discards-to-landings ratio is assumed to be <100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON < 100% Throughout the Maritimes region (which includes LFAs 27 to 38), bait comprises the following species and amounts (mackerel, 8153 t; rock crab, 5512 t; herring, 7601 t), totaling 21,266 t in 2012 (Criquet, Brêthes, and Allain 2015b). Throughout this season, 40,862 t of lobster were landed in the Maritimes region (Criquet and Brêthes 2016a). Therefore, mackerel, herring and rock crab represented 20%, 19%, and 13% of lobster landings. Overall bait use represented 52% of lobster landings.

In previous bycatch studies conducted in LFAs 27 to 33, no bycatch species comprised 5% or more of the lobster catch. In another study, the non-lobster portion of the total catch ranged from 1.5% in LFA 31b to 13% in LFA 33 (DFO 2014d).

However, discards of lobster can be larger than the amount of those retained: in previous studies, 127% (LFA 27), 79% (LFA 32) and 22 to 25% (LFAs 30–31b) were discarded (DFO 2014d). Lobsters are assumed to have high survival rates and traps are designed to avoid capturing juveniles and berried females are usually released alive (Criquet, Brêthes, and Allain 2015b). However, in these studies, sublegal lobster represented a large amount of lobster discards (90% in LFAs 27, 33 and 34; 72 to 79% in LFAs 30–31b; 53% in LFA 32). In LFA 27, the MLS has increased from 77.5 mm in 2007 and is currently at 82.5mm (Appendix C), which has increased the number of discards. However, discard mortality is assumed to be near zero (Criquet and Brêthes 2017a).

Since bait use is approximately 50% of landings, lobster discard mortality is thought to be close to zero, and bycatch of non-target species is at most 13%, a total discard and bait use of <100% is assumed.

133 Justification: To determine discard mortality, more studies are required to understand discard mortality of sublegal sized lobsters. Natural mortality changes dependent on many factors including lobster size (Tremblay et al. 2013) and tagging studies show that multiple captures may increase the damage and stress of molting lobsters (a process that undersized lobsters frequently undergo) (Pezzack et al. 2014). When lobsters have finished molting, they have a soft shell and experience higher levels of mortality at this time (Blyth-Skyrme et al. 2015b).

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY < 100% Throughout the Maritimes region (which includes LFAs 27 to 38), bait comprises the following species and amounts (mackerel, 8153 t; rock crab, 5512 t; herring, 7601 t), totaling 21,266 t in 2012 (Criquet, Brêthes, and Allain 2015b). Throughout this season, 40,862 t were landed in the Maritimes region (Criquet and Brêthes 2016a). Therefore, mackerel, herring, and rock crab represented 20%, 19%, and 13% of lobster landings. Overall bait use represented 52% of lobster landings.

The non-lobster catch is 14% in LFA 34 (DFO 2014d).

Discards of lobster in LFA 34 represent between 70% (Worcester 2013) or 74% (Table 3 in (DFO 2014d)), mostly (97%) comprising undersize lobsters (DFO 2013c). Discard mortality of lobsters is assumed to be near to zero (Criquet and Brêthes 2017a) and therefore, dead discards of lobster are assumed to be low.

Bait plus discards-to-landings ratio is likely to be under 100%; therefore, the score is multiplied by 1. Justification: To determine discard mortality, more studies are required to understand discard mortality of sublegal-sized lobsters. Natural mortality changes dependent on many factors including lobster size (Tremblay et al. 2013) and tagging studies show that multiple captures may increase the damage and stress of molting lobsters (a process that undersized lobsters frequently undergo) (Pezzack et al. 2014). When lobsters have finished molting, they have a soft shell and experience higher levels of mortality at this time (Blyth-Skyrme et al. 2015b).

LEATHERBACK TURTLE Factor 2.1 - Abundance

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY High Concern Leatherback turtle is listed as endangered under the SARA, which has a recovery strategy for the species (Atlantic Leatherback Turtle Recovery Team 2006). It is also listed by the IUCN Red list as a "Critically Endangered" species of wild fauna and flora, and is listed in CITES under Appendix I (Criquet, Brêthes, and Allain 2015a).

134 Due to its conservation status, Seafood Watch deems leatherback turtle abundance as a "high" concern. Justification: Leatherback turtles are protected in Canada under SARA. They nest predominantly in French Guiana and Suriname in South America, but migrate to Atlantic Canadian waters to forage. The majority of turtles are present from June to November. Leatherbacks are specialist animals who feed largely on jellyfish (Heaslip et al. 2012) and other soft bodied invertebrates (Atlantic Leatherback Turtle Recovery Team 2006). The majority of the threat (70%) to the leatherback turtle population occurs in their nesting area; their nests are susceptible to flooding and erosion (Atlantic Leatherback Turtle Recovery Team 2006).

One of the key challenges in the recovery of the Atlantic leatherback turtle is the lack of information regarding their biology, distribution, habitat preferences, and threats. Specifically, the size of the leatherback population has yet to be determined; however, 300 leatherback turtle sightings were documented by the Nova Scotia Leatherback Turtle Working Group (NSLTWG) during 1998 and 1999. The NSLTWG group was initiated in Atlantic Canada to investigate the distribution of leatherback turtles in the northwest Atlantic (James 2000). Most of the information collected comes from sightings by commercial fishers (Atlantic Leatherback Turtle Recovery Team 2006).

Population estimates in the North Atlantic range from 34,000 to 94,000 adults (both for males and females) and show stable or increasing trends (COSEWIC 2012a). The leatherback turtle population in Atlantic Canada is "cautiously considered stable" with 15,000 females (SARA 2012).

The Gulf of St. Lawrence, off Eastern Cape Breton Island, including Sydney Bight, the Cabot Strait, areas within the Magdalen Shallows, and areas near the Laurentian Channel have been identified as suitable and visited habitat by the leatherback turtle (DFO 2011a). They have a high probability of inhabiting the Cape Breton area (Figure 15) (Criquet, Brêthes, and Allain 2015a).

135 Figure 20 Relative probability of residency estimated from 70 leatherback turtles equipped with satellite tags. Red polygons are areas of aggregated residency probabilities of =0.4 for all satellite tracked turtles Source (Criquet, Brêthes & Allain 2015a).

Factor 2.2 - Fishing Mortality

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY Moderate Concern There is a dearth of reliable information due to lack of observer coverage for the lobster fisheries. Rough estimates of mortality rates for fixed-gear fisheries are 20 to 70% (DFO 2013h).

A recent study evaluating the causes of leatherback sea turtle entanglements estimated that of 174 reported turtle entanglements, 85% were reported to be alive and successfully released. However, the reports show strong biases towards reporting successful releases, and the study found that the number of deaths resulting from entanglements in fixed-gear fisheries have been “grossly underestimated”; the true mortality rate is unknown. Pot fisheries account for over 44% of entanglements in fishing gear and inshore lobster pot gear was the second most commonly reported fishing gear. Though pot fisheries often cannot be attributed to their

136 specific type (i.e., lobster, crab, or whelk), leatherback turtles have been reported entangled in the offshore lobster fishery (Hamelin et al. 2017).

Since the level of fishing mortality is unknown, but unlikely to be a major contributor to overall mortality, Seafood Watch deems fishing mortality as a “moderate" concern. Justification: There is very little information regarding the interactions of leatherback turtles and fixed gear in general and with lobster gear specifically. Incidental entanglement of endangered (schedule 1, SARA) leatherback turtles (Dermochelys coriacea) in lobster gear (primarily via buoy lines encircling the front flippers and often also the neck) has occurred in many LFAs including LFA 25, 27, 30 to 34, and 41 (Hamelin et al. 2017). Sightings of leatherback turtles are concentrated on the Scotian Shelf, but extend to the coast of Quebec, the north coast of Newfoundland, and the slope south of Nova Scotia (CSAS 2012).

The proportion of entangled leatherbacks found alive versus dead is not known; however, since inshore lobster gear is normally checked daily, many turtles are released alive. Entanglement around the neck, and/or repeated rolling, a response to entanglement that results in additional wraps of line around the limbs, etc., can prove fatal, even in a short time period, particularly when turtles are initially caught at low tide. Once entangled, turtles are typically unable to free themselves, and even if they do break free, they exhibit reduced feeding efficiency, impaired locomotion, exertion myopathy, and deadly infections. True mortality rate is unknown, but mortality is assumed to be higher among fixed gear-associated interactions compared to other gears (Hamelin et al. 2017).

Factor 2.3 - Discard Rate

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR < 100% There is no discard and bait study for the region. In the absence of discard studies, similar studies (shown below), have found non-lobster bycatch rates between 5% (Criquet, Brêthes, and Allain 2015b) to 17% (Criquet et al. 2015c).and lobster discards of up to 74% in LFA 34 (Table 3 in (DFO 2014d)). Post-capture mortality of lobster is assumed to be near to zero (Criquet and Brêthes 2017a); therefore, if they are discarded, most are likely to survive except for soft-shell lobsters, which have higher mortality rates (Blyth- Skyrme et al. 2015b).

Other fisheries in Atlantic Canada likely have a bait plus discards-to-landings ratio of below 100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE < 100% There is no bycatch/discard and bait study for the region. However, neighboring fisheries (including the Gaspé Peninsula Marine Stewardship Council (MSC) assessment records that bait usually comprises mostly mackerel (75%), sGSL fall-spawning herring and some rock crab (Criquet et al. 2015c) where rock crab equated to around 1% of lobster landings. In the Gaspésie MSC fishery, 823 t of mackerel bait were recorded to be used in 2016 while 1,926 t lobster were landed (Criquet and Brêthes 2017b), which equates to nearly 43%. Bait use has apparently decreased over the past 10 years. In 2012, it was estimated to equal around 92% of the lobster catch and from DFO e-log data from 2015, was considered to form around 62% of lobster catches (Criquet and Brêthes 2016b).

137 Bycatch species form around 17% from a previous bycatch study. Around 10% of these are rock crabs, but rock crabs are considered often to be discarded, which have high survivability rates (Criquet et al. 2015c).

Therefore, bait plus discards-to-landings ratio is assumed to be <100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE < 100% Bait is mainly formed of mackerel and herring in this region. In the PEI MSC fishery, herring and mackerel bait represented 1,907 t and 1,687 t (totalling 3,594 t) in 2012. For the same area (PEI MSC fishery), 12,180 t of lobster were landed in 2012 (Criquet and Brêthes 2016c). Therefore, bait use represented 30% of lobster landings.

Around 95% of bycatch caught in the fishery is the target species and most discards are released alive, e.g., berried females and rock crab (Criquet, Brêthes, and Allain 2015b). Therefore, bait plus discards-to-landings ratio is assumed to be <100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON < 100% Throughout the Maritimes region (which includes LFAs 27 to 38), bait comprises the following species and amounts (mackerel, 8153 t; rock crab, 5512 t; herring, 7601 t), totaling 21,266 t in 2012 (Criquet, Brêthes, and Allain 2015b). Throughout this season, 40,862 t of lobster were landed in the Maritimes region (Criquet and Brêthes 2016a). Therefore, mackerel, herring and rock crab represented 20%, 19%, and 13% of lobster landings. Overall bait use represented 52% of lobster landings.

In previous bycatch studies conducted in LFAs 27 to 33, no bycatch species comprised 5% or more of the lobster catch. In another study, the non-lobster portion of the total catch ranged from 1.5% in LFA 31b to 13% in LFA 33 (DFO 2014d).

However, discards of lobster can be larger than the amount of those retained: in previous studies, 127% (LFA 27), 79% (LFA 32) and 22 to 25% (LFAs 30–31b) were discarded (DFO 2014d). Lobsters are assumed to have high survival rates and traps are designed to avoid capturing juveniles and berried females are usually released alive (Criquet, Brêthes, and Allain 2015b). However, in these studies, sublegal lobster represented a large amount of lobster discards (90% in LFAs 27, 33 and 34; 72 to 79% in LFAs 30–31b; 53% in LFA 32). In LFA 27, the MLS has increased from 77.5 mm in 2007 and is currently at 82.5mm (Appendix C), which has increased the number of discards. However, discard mortality is assumed to be near zero (Criquet and Brêthes 2017a).

Since bait use is approximately 50% of landings, lobster discard mortality is thought to be close to zero, and bycatch of non-target species is at most 13%, a total discard and bait use of <100% is assumed. Justification: To determine discard mortality, more studies are required to understand discard mortality of sublegal sized lobsters. Natural mortality changes dependent on many factors including lobster size (Tremblay et al. 2013) and tagging studies show that multiple captures may increase the damage and stress of molting lobsters (a process that undersized lobsters frequently undergo) (Pezzack et al. 2014). When lobsters have finished molting, they have a soft shell and experience higher levels of mortality at this time (Blyth-Skyrme et al.

138 2015b).

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY < 100% Throughout the Maritimes region (which includes LFAs 27 to 38), bait comprises the following species and amounts (mackerel, 8153 t; rock crab, 5512 t; herring, 7601 t), totaling 21,266 t in 2012 (Criquet, Brêthes, and Allain 2015b). Throughout this season, 40,862 t were landed in the Maritimes region (Criquet and Brêthes 2016a). Therefore, mackerel, herring, and rock crab represented 20%, 19%, and 13% of lobster landings. Overall bait use represented 52% of lobster landings.

The non-lobster catch is 14% in LFA 34 (DFO 2014d).

Discards of lobster in LFA 34 represent between 70% (Worcester 2013) or 74% (Table 3 in (DFO 2014d)), mostly (97%) comprising undersize lobsters (DFO 2013c). Discard mortality of lobsters is assumed to be near to zero (Criquet and Brêthes 2017a) and therefore, dead discards of lobster are assumed to be low.

Bait plus discards-to-landings ratio is likely to be under 100%; therefore, the score is multiplied by 1. Justification: To determine discard mortality, more studies are required to understand discard mortality of sublegal-sized lobsters. Natural mortality changes dependent on many factors including lobster size (Tremblay et al. 2013) and tagging studies show that multiple captures may increase the damage and stress of molting lobsters (a process that undersized lobsters frequently undergo) (Pezzack et al. 2014). When lobsters have finished molting, they have a soft shell and experience higher levels of mortality at this time (Blyth-Skyrme et al. 2015b).

CUSK Factor 2.1 - Abundance

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON High Concern Cusk is caught as bycatch in the lobster fishery and is considered an endangered species under COSEWIC. It is not listed under SARA (DFO 2017k). In the last stock assessment (2017), based in the 4VWX5Z region, the current 3-year geometric mean (2013 to 2015) of the cusk biomass index was estimated to be 15.1 kg, which is slightly above the LRP (13.3kg) (DFO 2017). Due to its conservation status, Seafood Watch scores cusk abundance as a “high" concern. Justification: Cusk are most abundant in the Gulf of Maine and the southern Scotian Shelf of southwest Nova Scotia, extending from the Fundian Channel and Browns Bank to Emerald, Western, and Sable island banks. They occur rarely in the deep waters along the edge of the continental shelf of Newfoundland and Labrador (COSEWIC 2012b).

Cusk in the Gulf of Maine and Scotian shelf have been declining since 1970, with the mature portion declining by approximately 85% over three generations (COSEWIC 2012b). The DFO multi-species trawl survey reports that catches of cusk have declined throughout the series in all areas. In 4X East, biomass remained low for

139 2010, but in 4X West biomass increased to its highest level since 2001 (Clark and Emberley 2011). Although the abundance of cusk has declined over the course of the trawl survey time series (beginning in 1970, (Clark and Emberley 2011), it is estimated that the Scotia-Fundy region has experienced a 93% decline in cusk populations from 1970 to 2001. There are some unknowns regarding the degree to which it has declined (Harris and Hanke 2010).

Factor 2.2 - Fishing Mortality

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON Moderate Concern Cusk caught in lobster pots must be discarded, and as a result lobster fisheries are no longer a main source of landings and landings have been declining in recent years (at 165 MT in 2016 in area 4VWX5Z (DFO 2017k)) ( DFO 2016n). Groundfish longline and lobster pots are considered to be the greatest threats (using recorded landings and discard data respectively) (DFO 2014g). There is a lack of recent evidence to show that cusk bycatch in lobster fisheries has reduced across all areas: the most recent data are from 2009 and show that cusk bycatch in LFA 34 represented around 44.38% of cusk landings from area 4X5YZ (DFO 2016n).

The last stock assessment showed that mean cusk CPUE is at or above the LRP for the last 3 years (Kinnie 2001), but considers that the population can sustain these levels of fishing mortality, since their population has fluctuated largely with no trends for 14 years (DFO 2014b) (Criquet, Brêthes and Allain 2015a).

Subsequent discarding of cusk in lobster fisheries is "likely" to represent a significant proportion of total catches of cusk across all fisheries (COSEWIC 2012b). The lobster fishery is potentially still a substantial contributor to cusk mortality in some areas. In the absence of data regarding recent bycatch of cusk in Maritimes, this cannot be determined. Fishing mortality relative to reference points is not known for the fisheries. Therefore, bycatch of cusk is scored "moderate" concern. Justification: The recent COSEWIC assessment states that overfishing remains the most important threat to cusk. There is essentially no directed fishing for the species, but in years previous to the last assessment, approximately 500 t/year were landed in fisheries for cod, haddock, pollock, and Atlantic halibut (COSEWIC 2012b). Although cusk landings are highest in the Maritimes region, landings in the Gulf and Newfoundland are minimal (DFO 2014c).

Cusk represent a small proportion of lobster bycatch: Pezzack et al (2014) estimated that cusk represented 8 t (0.03 %) of bycatch in LFAs 27 to 33 and 219 t (1.1%) in LFA 34. From 2000 to 2010, cusk bycatch varied between 215 to 255 t in LFA 34; catches in LFA 33 were generally <10 t/year during this period (COSEWIC 2012b).

Cusk bycatch in LFA 34 in 2009 were 219.5 t while cusk landings in 2009 for 4X5YZ (LFA 33 to 40) were 535 t (DFO 2016n). However, cusk landings have been steadily decreasing in recent years from 1018 MT in 2007 to 189 MT in 2015 (DFO 2017k).

Mortality rates of cusk caught in lobster traps were, at a minimum, 49% and 86% for LFA 34, respectively; these estimates are likely low considering the potential for post-release mortality of remaining cusk (Harris and Hanke 2010).

140 Figure 21 The green dashed line represents the USR, the red dotted line represents the LRP, the blue diamonds represent the biomass for the cusk in the habitat survey (with 95% confidence interval) and heavy blue line represents the 3 year-geometric mean of the index. Source (DFO 2016n).

Factor 2.3 - Discard Rate

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY < 100% Throughout the Maritimes region (which includes LFAs 27 to 38), bait comprises the following species and amounts (mackerel, 8153 t; rock crab, 5512 t; herring, 7601 t), totaling 21,266 t in 2012 (Criquet, Brêthes, and Allain 2015b). Throughout this season, 40,862 t were landed in the Maritimes region (Criquet and Brêthes 2016a). Therefore, mackerel, herring, and rock crab represented 20%, 19%, and 13% of lobster landings. Overall bait use represented 52% of lobster landings.

The non-lobster catch is 14% in LFA 34 (DFO 2014d).

Discards of lobster in LFA 34 represent between 70% (Worcester 2013) or 74% (Table 3 in (DFO 2014d)), mostly (97%) comprising undersize lobsters (DFO 2013c). Discard mortality of lobsters is assumed to be near to zero (Criquet and Brêthes 2017a) and therefore, dead discards of lobster are assumed to be low.

Bait plus discards-to-landings ratio is likely to be under 100%; therefore, the score is multiplied by 1. Justification: To determine discard mortality, more studies are required to understand discard mortality of sublegal-sized lobsters. Natural mortality changes dependent on many factors including lobster size (Tremblay et al. 2013) and tagging studies show that multiple captures may increase the damage and stress of molting lobsters (a process that undersized lobsters frequently undergo) (Pezzack et al. 2014). When lobsters have finished molting, they have a soft shell and experience higher levels of mortality at this time (Blyth-Skyrme et al. 2015b).

141 CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON < 100% Throughout the Maritimes region (which includes LFAs 27 to 38), bait comprises the following species and amounts (mackerel, 8153 t; rock crab, 5512 t; herring, 7601 t), totaling 21,266 t in 2012 (Criquet, Brêthes, and Allain 2015b). Throughout this season, 40,862 t of lobster were landed in the Maritimes region (Criquet and Brêthes 2016a). Therefore, mackerel, herring and rock crab represented 20%, 19%, and 13% of lobster landings. Overall bait use represented 52% of lobster landings.

In previous bycatch studies conducted in LFAs 27 to 33, no bycatch species comprised 5% or more of the lobster catch. In another study, the non-lobster portion of the total catch ranged from 1.5% in LFA 31b to 13% in LFA 33 (DFO 2014d).

However, discards of lobster can be larger than the amount of those retained: in previous studies, 127% (LFA 27), 79% (LFA 32) and 22 to 25% (LFAs 30–31b) were discarded (DFO 2014d). Lobsters are assumed to have high survival rates and traps are designed to avoid capturing juveniles and berried females are usually released alive (Criquet, Brêthes, and Allain 2015b). However, in these studies, sublegal lobster represented a large amount of lobster discards (90% in LFAs 27, 33 and 34; 72 to 79% in LFAs 30–31b; 53% in LFA 32). In LFA 27, the MLS has increased from 77.5 mm in 2007 and is currently at 82.5mm (Appendix C), which has increased the number of discards. However, discard mortality is assumed to be near zero (Criquet and Brêthes 2017a).

Since bait use is approximately 50% of landings, lobster discard mortality is thought to be close to zero, and bycatch of non-target species is at most 13%, a total discard and bait use of <100% is assumed. Justification: To determine discard mortality, more studies are required to understand discard mortality of sublegal sized lobsters. Natural mortality changes dependent on many factors including lobster size (Tremblay et al. 2013) and tagging studies show that multiple captures may increase the damage and stress of molting lobsters (a process that undersized lobsters frequently undergo) (Pezzack et al. 2014). When lobsters have finished molting, they have a soft shell and experience higher levels of mortality at this time (Blyth-Skyrme et al. 2015b).

WHITE HAKE Factor 2.1 - Abundance

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY High Concern The Atlantic and nGSL population is considered threatened by COSEWIC and the Southern Gulf of St. Lawrence population is endangered (COSEWIC) (Species at Risk Public Registry 2016).

In Division 4Z5Z (which covers the much of the Southwest Nova Scotia and Bay of Fundy fishery), recruitment of juveniles remains high over the past two decades. Adult abundance is above the recovery target (where abundance targets correspond to an increase to sustained abundance at or above 40% BMSY ) when current fishing rates continue. Across all sizes, there has been a 68% reduction over the 31 years when surveys were conducted. Adult and juvenile abundance has fluctuated dramatically over the study period. Recent DFO advice suggests that white hake biomass is expected to increase at under recent fishing mortality rates (DFO 2016k).

142 Due to the species conservation status, Seafood Watch deems the abundance as “high" concern.

Factor 2.2 - Fishing Mortality

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY Low Concern The amount of adult white hake are reported to be very rarely encountered through the trap fishery (Benoît et al. 2011). The vast majority of white hake is caught in trawl and bottom-set gillnet and longline fisheries (Simon et al. 2012).

In the NAFO management area 4X5Zc, around 600t of white hake were landed in 2014 (DFO 2016k). The LFA 34 lobster fishery caught around 223kg of white hake in 2009–2010 (DFO 2014d) while ~1200 t of white hake were caught in the 4X5Zc over this time (DFO 2016k). This corresponds to ~0.02% of white hake catches. The relative fishing mortality of white hake is below the long-term average since 2005.

The precise amount of white hake caught in the lobster fishery compared to white hake landings is unknown; however, the lobster fishery is not considered a substantial contributor to white hake mortality. Therefore, fishing mortality is considered as a “low" concern. Justification: Within the Southwest Nova Scotia and Bay of Fundy area, division 4X5Zc has an 84% probability of maintaining SSB above the recovery target under current fishing mortality, which is a similar probability encountered when F = 0. The primary source of mortality in division 4X5Zc was natural mortality. This was suggested due to the occurrence of high mortality estimates, while maintaining low relative fishing mortality values (DFO 2016k).

Factor 2.3 - Discard Rate

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY < 100% Throughout the Maritimes region (which includes LFAs 27 to 38), bait comprises the following species and amounts (mackerel, 8153 t; rock crab, 5512 t; herring, 7601 t), totaling 21,266 t in 2012 (Criquet, Brêthes, and Allain 2015b). Throughout this season, 40,862 t were landed in the Maritimes region (Criquet and Brêthes 2016a). Therefore, mackerel, herring, and rock crab represented 20%, 19%, and 13% of lobster landings. Overall bait use represented 52% of lobster landings.

The non-lobster catch is 14% in LFA 34 (DFO 2014d).

Discards of lobster in LFA 34 represent between 70% (Worcester 2013) or 74% (Table 3 in (DFO 2014d)), mostly (97%) comprising undersize lobsters (DFO 2013c). Discard mortality of lobsters is assumed to be near to zero (Criquet and Brêthes 2017a) and therefore, dead discards of lobster are assumed to be low.

Bait plus discards-to-landings ratio is likely to be under 100%; therefore, the score is multiplied by 1. Justification: To determine discard mortality, more studies are required to understand discard mortality of sublegal-sized lobsters. Natural mortality changes dependent on many factors including lobster size (Tremblay et al. 2013) and tagging studies show that multiple captures may increase the damage and stress of molting lobsters (a

143 process that undersized lobsters frequently undergo) (Pezzack et al. 2014). When lobsters have finished molting, they have a soft shell and experience higher levels of mortality at this time (Blyth-Skyrme et al. 2015b).

WOLFFISH (UNSPECIFIED) Factor 2.1 - Abundance

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY High Concern Three species of wolffish are found in the Canadian Atlantic and are known to interact with lobster fisheries.

Atlantic Wolffish

The Atlantic wolffish are a species of special concern under the SARA register. The Atlantic wolffish has no biological reference points. The estimated abundance in Canadian waters is > 49 million including five million mature individuals. Abundance estimates host high levels of uncertainty. There is currently no sign of a continuing decline of mature individuals and the factors contributing to their population decline have ceased (COSEWIC 2000).

Spotted Wolffish

The spotted wolffish is estimated to have an abundance of >5 million individuals (mature and juveniles) (DFO 2016o). The spotted wolffish is designated as threatened under the SARA register.

Northern Wolffish

The northern wolffish is designated as threatened under the species at risk act (SARA) following declines in abundance during the 1980s (COSEWIC 2012e). Populations appear to have stabilized; however, it is unclear whether the causes for the decline have been removed, and although there are no targeted fisheries (wolffish has no commercial value) bycatch in other fisheries is considered a continued threat to their populations (COSEWIC 2012e).

Due to the conservation concerns surrounding the three wolffish species, Seafood Watch considers abundance to be a "high" concern.

Factor 2.2 - Fishing Mortality

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY Low Concern There are no fishing mortality rates available as recording of wolffish species is not required in many fisheries (Criquet and Brêthes 2014). Based on the information from SARA logbooks for 2012 to 2014, there are about 1–2 interactions per year with SARA species, most of which are with wolffish, which are swiftly and carefully returned to the water, alive (Criquet and Brêthes 2016a).

144 Kulka et al (2007) recorded that a yearly average (between 1995 and 2012) of 1537kg of wolffish (~1% of all wolfish landings) were caught in pots (Kulka et al. 2007). From 2007 to 2011, 4 spotted wolffish, 3 Northern wolffish and 7 Atlantic wolffish were caught by PRI lobster harvesters (Criquet and Brêthes 2014). In the 3L management region (LFAs 5 to 8) pots were responsible for 1% of wolffish catches (DFO 2008a). Therefore, the lobster fishery is not a substantial contributor to wolffish mortality. Seafood Watch deems fishing mortality as a “low" concern. Justification: The largest threats to the spotted wolffish are mainly via bycatch in commercial fisheries, though fishing intensity has decreased substantially after closure of groundfish fisheries and the implementation of a landing ban. Climate change is also considered to contribute to their decline (COSEWIC 2012d). There is no direct fishery for wolffish in Canada. Mortality is largely attributable to incidental capture, particularly in trawl fisheries, though the scale of mortality is not known (Kulka et al. 2007). Although management plans require that wolffish are returned back to the water quickly and carefully to ensure maximum survival rates, their post-release mortality rate is unknown. (Grant et al. 2005) suggests that their survival rates are higher compared to other fish species (COSEWIC 2000) and a recent study showed that post-capture mortality for these species was zero (Criquet and Brêthes 2017a).

Factor 2.3 - Discard Rate

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON < 100% Throughout the Maritimes region (which includes LFAs 27 to 38), bait comprises the following species and amounts (mackerel, 8153 t; rock crab, 5512 t; herring, 7601 t), totaling 21,266 t in 2012 (Criquet, Brêthes, and Allain 2015b). Throughout this season, 40,862 t of lobster were landed in the Maritimes region (Criquet and Brêthes 2016a). Therefore, mackerel, herring and rock crab represented 20%, 19%, and 13% of lobster landings. Overall bait use represented 52% of lobster landings.

In previous bycatch studies conducted in LFAs 27 to 33, no bycatch species comprised 5% or more of the lobster catch. In another study, the non-lobster portion of the total catch ranged from 1.5% in LFA 31b to 13% in LFA 33 (DFO 2014d).

However, discards of lobster can be larger than the amount of those retained: in previous studies, 127% (LFA 27), 79% (LFA 32) and 22 to 25% (LFAs 30–31b) were discarded (DFO 2014d). Lobsters are assumed to have high survival rates and traps are designed to avoid capturing juveniles and berried females are usually released alive (Criquet, Brêthes, and Allain 2015b). However, in these studies, sublegal lobster represented a large amount of lobster discards (90% in LFAs 27, 33 and 34; 72 to 79% in LFAs 30–31b; 53% in LFA 32). In LFA 27, the MLS has increased from 77.5 mm in 2007 and is currently at 82.5mm (Appendix C), which has increased the number of discards. However, discard mortality is assumed to be near zero (Criquet and Brêthes 2017a).

Since bait use is approximately 50% of landings, lobster discard mortality is thought to be close to zero, and bycatch of non-target species is at most 13%, a total discard and bait use of <100% is assumed. Justification: To determine discard mortality, more studies are required to understand discard mortality of sublegal sized lobsters. Natural mortality changes dependent on many factors including lobster size (Tremblay et al. 2013) and tagging studies show that multiple captures may increase the damage and stress of molting lobsters (a process that undersized lobsters frequently undergo) (Pezzack et al. 2014). When lobsters have finished

145 molting, they have a soft shell and experience higher levels of mortality at this time (Blyth-Skyrme et al. 2015b).

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE < 100% Bait is mainly formed of mackerel and herring in this region. In the PEI MSC fishery, herring and mackerel bait represented 1,907 t and 1,687 t (totalling 3,594 t) in 2012. For the same area (PEI MSC fishery), 12,180 t of lobster were landed in 2012 (Criquet and Brêthes 2016c). Therefore, bait use represented 30% of lobster landings.

Around 95% of bycatch caught in the fishery is the target species and most discards are released alive, e.g., berried females and rock crab (Criquet, Brêthes, and Allain 2015b). Therefore, bait plus discards-to-landings ratio is assumed to be <100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY < 100% Throughout the Maritimes region (which includes LFAs 27 to 38), bait comprises the following species and amounts (mackerel, 8153 t; rock crab, 5512 t; herring, 7601 t), totaling 21,266 t in 2012 (Criquet, Brêthes, and Allain 2015b). Throughout this season, 40,862 t were landed in the Maritimes region (Criquet and Brêthes 2016a). Therefore, mackerel, herring, and rock crab represented 20%, 19%, and 13% of lobster landings. Overall bait use represented 52% of lobster landings.

The non-lobster catch is 14% in LFA 34 (DFO 2014d).

Discards of lobster in LFA 34 represent between 70% (Worcester 2013) or 74% (Table 3 in (DFO 2014d)), mostly (97%) comprising undersize lobsters (DFO 2013c). Discard mortality of lobsters is assumed to be near to zero (Criquet and Brêthes 2017a) and therefore, dead discards of lobster are assumed to be low.

Bait plus discards-to-landings ratio is likely to be under 100%; therefore, the score is multiplied by 1. Justification: To determine discard mortality, more studies are required to understand discard mortality of sublegal-sized lobsters. Natural mortality changes dependent on many factors including lobster size (Tremblay et al. 2013) and tagging studies show that multiple captures may increase the damage and stress of molting lobsters (a process that undersized lobsters frequently undergo) (Pezzack et al. 2014). When lobsters have finished molting, they have a soft shell and experience higher levels of mortality at this time (Blyth-Skyrme et al. 2015b).

FIN WHALE Factor 2.1 - Abundance

146 CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY High Concern Fin Whales are listed as a species of "special concern" by SARA (since 2005) (DFO 2017x). They are listed in Appendix 1 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (DFO 2017x) and are listed as "Endangered" by the IUCN (Reilly et al. 2013).

The most recent estimate of their total population in Atlantic Canadian waters (based on aerial surveys) is 890 individuals (off the east coast of Newfoundland and Labrador), and 462 individuals (GSL and the Scotian Shelf) (Lawson and Gosselin 2009).

Due to their conservation status, fin whales are deemed as a "high" conservation concern.

Factor 2.2 - Fishing Mortality

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY Low Concern Between 2010 and 2014, the incidental fishery interaction in Canadian waters averaged 0.8 per year, with cumulative fisheries interactions resulting in an average of 1.8 serious injuries or mortalities. The PBR is calculated at 2.5 (Hayes et al. 2017). Since both lobster fishery and cumulative fisheries impacts are below the PBR, Seafood Watch deems fishing mortality as a "low" concern.

In a recently published management plan for the fin whale in Atlantic Canada, the level of concern for entanglement in fishing gear was deemed to be "low" (Table 1;(DFO 2017x)). Entanglement in fishing gear was not "believed to seriously threaten the population" (DFO 2017x). Justification: It is difficult to determine the extent of entanglement, and therefore fishing mortality, because many entanglements go unreported or unnoticed (DFO 2017x). Four confirmed human-caused mortality and serious injury records of fin whales were reported between 2010 and 2014 (Hayes et al. 2017). Fin whales are considered more likely to escape from fishing gears when entangled (compared to smaller-bodied whales); however, entanglement may still cause considerable injury to fin whales (DFO 2017x).

Factor 2.3 - Discard Rate

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, EASTERN CAPE BRETON < 100% Throughout the Maritimes region (which includes LFAs 27 to 38), bait comprises the following species and amounts (mackerel, 8153 t; rock crab, 5512 t; herring, 7601 t), totaling 21,266 t in 2012 (Criquet, Brêthes,

147 and Allain 2015b). Throughout this season, 40,862 t of lobster were landed in the Maritimes region (Criquet and Brêthes 2016a). Therefore, mackerel, herring and rock crab represented 20%, 19%, and 13% of lobster landings. Overall bait use represented 52% of lobster landings.

In previous bycatch studies conducted in LFAs 27 to 33, no bycatch species comprised 5% or more of the lobster catch. In another study, the non-lobster portion of the total catch ranged from 1.5% in LFA 31b to 13% in LFA 33 (DFO 2014d).

However, discards of lobster can be larger than the amount of those retained: in previous studies, 127% (LFA 27), 79% (LFA 32) and 22 to 25% (LFAs 30–31b) were discarded (DFO 2014d). Lobsters are assumed to have high survival rates and traps are designed to avoid capturing juveniles and berried females are usually released alive (Criquet, Brêthes, and Allain 2015b). However, in these studies, sublegal lobster represented a large amount of lobster discards (90% in LFAs 27, 33 and 34; 72 to 79% in LFAs 30–31b; 53% in LFA 32). In LFA 27, the MLS has increased from 77.5 mm in 2007 and is currently at 82.5mm (Appendix C), which has increased the number of discards. However, discard mortality is assumed to be near zero (Criquet and Brêthes 2017a).

Since bait use is approximately 50% of landings, lobster discard mortality is thought to be close to zero, and bycatch of non-target species is at most 13%, a total discard and bait use of <100% is assumed. Justification: To determine discard mortality, more studies are required to understand discard mortality of sublegal sized lobsters. Natural mortality changes dependent on many factors including lobster size (Tremblay et al. 2013) and tagging studies show that multiple captures may increase the damage and stress of molting lobsters (a process that undersized lobsters frequently undergo) (Pezzack et al. 2014). When lobsters have finished molting, they have a soft shell and experience higher levels of mortality at this time (Blyth-Skyrme et al. 2015b).

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, NEWFOUNDLAND & LABRADOR < 100% There is no discard and bait study for the region. In the absence of discard studies, similar studies (shown below), have found non-lobster bycatch rates between 5% (Criquet, Brêthes, and Allain 2015b) to 17% (Criquet et al. 2015c).and lobster discards of up to 74% in LFA 34 (Table 3 in (DFO 2014d)). Post-capture mortality of lobster is assumed to be near to zero (Criquet and Brêthes 2017a); therefore, if they are discarded, most are likely to survive except for soft-shell lobsters, which have higher mortality rates (Blyth- Skyrme et al. 2015b).

Other fisheries in Atlantic Canada likely have a bait plus discards-to-landings ratio of below 100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, QUEBEC GULF AND NORTHERN GULF OF ST. LAWRENCE < 100% There is no bycatch/discard and bait study for the region. However, neighboring fisheries (including the Gaspé Peninsula Marine Stewardship Council (MSC) assessment records that bait usually comprises mostly mackerel (75%), sGSL fall-spawning herring and some rock crab (Criquet et al. 2015c) where rock crab equated to around 1% of lobster landings. In the Gaspésie MSC fishery, 823 t of mackerel bait were recorded to be used in 2016 while 1,926 t lobster were landed (Criquet and Brêthes 2017b), which equates to nearly 43%. Bait use

148 has apparently decreased over the past 10 years. In 2012, it was estimated to equal around 92% of the lobster catch and from DFO e-log data from 2015, was considered to form around 62% of lobster catches (Criquet and Brêthes 2016b).

Bycatch species form around 17% from a previous bycatch study. Around 10% of these are rock crabs, but rock crabs are considered often to be discarded, which have high survivability rates (Criquet et al. 2015c).

Therefore, bait plus discards-to-landings ratio is assumed to be <100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHERN GULF OF ST. LAWRENCE < 100% Bait is mainly formed of mackerel and herring in this region. In the PEI MSC fishery, herring and mackerel bait represented 1,907 t and 1,687 t (totalling 3,594 t) in 2012. For the same area (PEI MSC fishery), 12,180 t of lobster were landed in 2012 (Criquet and Brêthes 2016c). Therefore, bait use represented 30% of lobster landings.

Around 95% of bycatch caught in the fishery is the target species and most discards are released alive, e.g., berried females and rock crab (Criquet, Brêthes, and Allain 2015b). Therefore, bait plus discards-to-landings ratio is assumed to be <100%; therefore, this region retains a score of 1.

CANADA / NORTHWEST ATLANTIC, POTS, CANADA, SOUTHWEST NOVA SCOTIA AND BAY OF FUNDY < 100% Throughout the Maritimes region (which includes LFAs 27 to 38), bait comprises the following species and amounts (mackerel, 8153 t; rock crab, 5512 t; herring, 7601 t), totaling 21,266 t in 2012 (Criquet, Brêthes, and Allain 2015b). Throughout this season, 40,862 t were landed in the Maritimes region (Criquet and Brêthes 2016a). Therefore, mackerel, herring, and rock crab represented 20%, 19%, and 13% of lobster landings. Overall bait use represented 52% of lobster landings.

The non-lobster catch is 14% in LFA 34 (DFO 2014d).

Discards of lobster in LFA 34 represent between 70% (Worcester 2013) or 74% (Table 3 in (DFO 2014d)), mostly (97%) comprising undersize lobsters (DFO 2013c). Discard mortality of lobsters is assumed to be near to zero (Criquet and Brêthes 2017a) and therefore, dead discards of lobster are assumed to be low.

Bait plus discards-to-landings ratio is likely to be under 100%; therefore, the score is multiplied by 1. Justification: To determine discard mortality, more studies are required to understand discard mortality of sublegal-sized lobsters. Natural mortality changes dependent on many factors including lobster size (Tremblay et al. 2013) and tagging studies show that multiple captures may increase the damage and stress of molting lobsters (a process that undersized lobsters frequently undergo) (Pezzack et al. 2014). When lobsters have finished molting, they have a soft shell and experience higher levels of mortality at this time (Blyth-Skyrme et al. 2015b).

149 Appendix B:

In the Bay of Fundy, Scotian Shelf, and Southern Gulf of St. Lawrence lobster trap fisheries, new research programs are running from (2014 to 2018) and were planned by the DFO, industry, and the provincial governments. The six research activities concern monitoring and lobster stock assessment and include an at- sea sampling program, recruitment index monitoring program, benthic recruitment monitoring program, fishery- independent trawl survey, coastal temperature monitoring program and an assessment and science advice scheme. There are eleven additional research projects including: 1. Lobster Fishery Bycatch (2015 to 2017) 2. Female Reproductive Biology (2014 to 2017) 3. Research on Adaptation to Climate Changes (2014 to 2017) 4. Interaction between Aquaculture and Lobster Habitat (2015 to 2018) 5. New Method to Collect Benthic Recruitment Indices (2014 to 2018) 6. Population Connectivity (2014 to 2018) 7. Larval seeding (2014 to 2018) 8. Environment quality (2014 to 2018) 9. Ecological bait (2014 to 2018) 10. Lobster quality assessment (BRIX) (2014 to 2016) 11. Electronic logbook (2014 to 2018) (Criquet and Brêthes 2016a).

150 Appendix C:

Fishing Release 50% Season No. of Trap MLS Max. legal of Region SAM MLS>SAM? (LFA Licenses Limit (mm) size berried (mm) dependent) females

127mm (Xu Newfoundland 100– 80.5– and April–July 2450 82.5 Yes Yes and Labrador 300 81.5 Schneider 2012)

151 152 90 (within LFAs 15– 82 mm in 18) Mixed LFAs 15 Quebec and (435 and 16 Only in LFA Northern Gulf ~82 May–August ~475 in and at 83 Yes and No 20 Yes of St. (LFAs LFAs mm in (145mm) Lawrence 19– 20,21) LFAs 17, 21) 18, 19 79–84 (LFA 22)

153 April–July. Southern Gulf LFA 25 114mm in of St. ~2386 >300 82.5 ~72 Yes Yes extends to LFA 25 Lawrence October

Eastern Cape Breton, 82.5–84 70– Nov–May 250– 135mm in Eastern & 1611 depending 101 to Unknown Yes (LFA 34) 275 LFA 30 South Shore on LFA *2 Nova Scotia

154 35: Fall: Oct– 408 Southwest Dec & Feb– 90 (LFAs Nova Scotia July 36: Nov– mm– 35–38) + >400 82.5 No No Yes and Bay of Dec & 105 985 (LFA Fundy March–June. mm 34) 38B: June– Nov

155 Appendix D:

Detailed analysis of herring stock status and the impact of commercial fisheries in the Canadian Atlantic.

West coast of Newfoundland

Factor 2.1 Abundance Key relevant information: A sequential population analysis (SPA) found that the spring-spawning stock has collapsed and the spawning biomass is below the LRP of 37,000 t. The total biomass index for spring-spawning stock using the 2015 acoustic survey was estimated at 1088 t (DFO 2016d).

Alternatively, the SPA for the fall-spawning stock has experienced a strong increase from 2003 to 2010, but has experienced a subsequent decrease until 2015. However, model outputs vary depending on the data used, which creates uncertainty in the current biomass estimates. Two main models agree that the current SSB is above the LRP (48,000 t) and URP (61,000 t) (Figure 21). The total biomass index was 87,997 t and has remained between 77,111 t and 110,677 t since 2009. However, if the older fish populations continue to decline, with an absence of significant recruitment, the likelihood of the biomass being above the URP may decrease over the next two years (DFO 2016d).

Figure 26 SSB estimated using sequential population analysis for the spring and fall spawers using acoustic survey data from 1989 to 2015. The dashed line represents the retrospective pattern observed when excluding the 2015 acoustic survey. Horizontal dashed lines: upper reference points. Horizontal dashed lines: limit reference points. Source: (DFO 2016d)

.

Since the spring component has crashed, Seafood Watch deems the abundance as a “high" concern. The fall component is above the URP and LRP, though there is no evidence to ensure that this is compatible with the abundance requirements for forage species, which ensures that reference points are appropriate for the species’ ecological role (there must be at least 40% of virgin or unfished biomass (B0 ) left in the water)(DFO 2016d). There is also some uncertainty in the assessments.

Factor 2.2 Fishing Mortality Key relevant information: High Concern

156 Herring are managed by a TAC of 20,000 t. The average annual landings have been around 16,000 t since 1975, caught mainly by purse seine gears (~13,000 t) (Figure 22). Traps contribute to the least landings contributing to around 2.95%; gillnet contributes to 5.4% of annual herring catches (Table 2 in (DFO 2016d)). The volume that has been used for bait is not discussed. Since fishing mortality is unknown and the species is a forage species, Seafood Watch deems fishing mortality as a “high" concern.

Figure 27 Herring cumulative commercial landings (t) per fishing gear for the west coast of newfoundland NAFO division 4R from 1966 to 2015. Source: (DFO 2016d)

.

East and South Newfoundland and Labrador

Factor 2.1 Abundance Key relevant information: Moderate Concern Trends are summarized for each area using the table below (Table 8). There are no reference points for the East and South Coast herring stocks; however, data are available to identify trends. Generally, there are positive trends except for Fortune Bay.

In 2015, there was a broad age distribution and multiple year classes above the long-term mean except in Fortune Bay. The L50 decreased from late 1980s to 1990s, but has generally increased since 1996. The size-at- age has been stable since the 2000s. Various data sources exhibit positive abundance trends in all areas except Fortune Bay. Recruitment shows positive trends in Bonavista Bay – Trinity Bay, but negative trends in Fortune Bay. Due to changing environmental conditions, the herring spawning stock has changed from being dominated by a spring spawner stock to a fall spawner stock in all areas except Fortune Bay (DFO 2017b).

There is a mix of positive and negative biomass indicators. A PSA has determined the vulnerability of the species as medium (DFO 2015g). Since the species is not highly vulnerable, but there are conflicting data- limited indicators, Seafood Watch deems abundance as a “moderate” concern.

Table 8. Stock status trends per HFA Source: (DFO 2015g) AREA STOCK STATUS AND INDEX TRENDS

157 The spring research gillnet program stock status index showed a declining trend since 2010. Projections for the stock based on catch rates at ages 4 to 6 are poor. Commercial catch is dominated (80%) by age-11+ herring spring spawners in 2014 and 2015. Gillnet fisheries show declining abundance (2001 to 2015). Fortune Bay Bar seine fisheries have shown increasing abundance since 2013. The spring research gillnet program have shown combined catch rates at well below the time series average since 2011 and is highly skewed towards age-11+ spring spawners since 2013. Recruitment of age 4 herring has been extremely poor (2003 to 2015) but was above average in 2016.

Acoustic survey in 2016 showed a biomass of slightly below the mean acoustic survey values in Placentia Bay from 1986 and 2000. St. Mary’s Commercial samples were dominated by age-11+ fall spawners, while bait samples had Bay – a broad age range, over half of which were fall spawners. Placentia Bay Purse seine fisheries showed an increase in abundance (2013 to 2015). Gillnet fisheries showed a decrease in abundance (2012 to 2015).

The age distribution is stable with several strong year classes and broad age ranges. Bonavista Recruitment is above average for fall spawners and average for spring spawners. Bay – Trinity The stock status index shows an increasing trend in abundance over the past 5 years. Bay

Stock status could not be assessed, since there is no fishery-independent data White Bay – abundance index. Notre Dame Purse and tuck seine fisheries show increasing abundance in 2015. Bay Gillnet fisheries show increasing abundance (2011 to 2014), but decreasing in 2015.

No stock status due to no fishery-independent index of abundance. Age distribution in the commercial fishery dominated by the 2008 fall year class, but with Conception a broad distribution in 2015. Bay All fleets show increasing abundance (2014–2015).

Productivity Score PRODUCTIVITY SCORE (1 = LOW RISK, 2 = MEDIUM RISK, 3 RELEVANT INFORMATION ATTRIBUTE = HIGH RISK) Average age at 2.8 years (Wheeler et al. 2009) Low (1) maturity Average maximum 15 to 18 years (Anthony 1972) Medium (2) age

158 Average maximum 45.0 cm SL male/unsexed (Fishbase Low (1) size 2016) Average size at 25cm (Wheeler et al. 2009) Low (1) maturity 20,000 to 100,000 oocytes (Gaudian Fecundity Low (1) et al. 2016) Reproductive Broadcast spawner Low (1) strategy Trophic level 3.87 (Gaudian et al. 2016) High (3) Productivity score (1+2+1+1+1+1+3)/7 = 1.43

Susceptibility Score Table

SCORE (1 = LOW RISK, 2 SUSCEPTIBILITY RELEVANT INFORMATION = MEDIUM ATTRIBUTE RISK, 3 = HIGH RISK) Areal Overlap >30% of the species concentration is fished, considering all fisheries. High (3) High degree of overlap between fishing depths and depth range of Vertical Overlap High (3) species Individuals are retained below size at maturation. For example, 60% of Selectivity of overall TAC by number in 2010 were two-year-olds (Gaudian et al. 2016). Medium (2) fishery However, gill nets in the fishery are very size selective with a substantial proportion of the catch (96%) being age 5 or over (DFO 2015b) Post-capture Species is retained High (3) mortality Susceptibility [((3*3*2*3)-1)/40]+1 = 2.325 score

V = √ P2 +S 2 V = √ 1.432 + 2.325 2 V = √ 2.04 + 5.406 V = √ 7.446 V = 2.72 = Medium Vulnerability

Factor 2.2 Fishing Mortality

Key relevant information: High Concern

159 The bait fishery landings are not reported, and instead are estimated via annual telephone survey, and logbooks have been required to be completed as part of licence conditions since 2017. Bait removals (Table 9), represent around 702t or 11% of landings. Discard levels are high and extremely variable (representing between 5% to over 50% in recent years (DFO 2017b).

Since fishing mortality isn’t known, there remains high uncertainty in mortality assessments, and herring are a forage species, Seafood Watch deems fishing mortality as a “high" concern.

Justification

The current combined TAC for all stock areas is 14,291 t, mainly caught using purse and tuck seines (Figure 23). The gillnet bait fishery occurs in the spring (DFO 2017b).

Table 9. Herring bait and where it has been landed. Source (DFO 2017b).

% OF AMOUNT LANDED TOTAL ESTIMATED DISCARDS AND AREA TOTAL AS BAIT (YEAR) LANDINGS SURVIVAL LANDINGS Fortune Bay 128 t (2016) 137 t 93% No information available St. Mary’s Bay – Purse seine fishers estimated 60 t of 180 t (2016) 539 t 33% Placentia Bay discards in 2013 with 90% survival. Bonavista Bay – Purse seine fishers estimated 98 t of 272 t (2016) 3670 t 7% Trinity Bay discards in 2015 with 75% survival. White Bay – Purse seine fishers estimated 460 t of 166 t (2016) 1709 t 10% Notre Dame Bay discards in 2013 with 56% survival. Conception Bay- 81 t (2016) 480 t 17% No information available Southern Shore

Figure 28 Commercial landings by stock areas and total TAC (left) and gear type since 1988 (right) (note 2016 landings are preliminary. Source (DFO 2017b)

160 .

Quebec and Northern Gulf of St. Lawrence, trap.

Factor 2.1 Abundance Key relevant information: High Concern This stock assessment does not look at the whole Quebec area, and instead reflects the area of LFAs 15–18. Catches are dominated by age-10+ herring. There has been no significant recruitment since 2005. The coastal acoustic survey in fall 2016 in 4S showed that the total biomass index is estimated at 830 t for spring spawners and 21,477 t for fall spawners. Since it was the first survey, there are no trends in the population available. In acoustic surveys conducted in area 4Sw between 2009 and 2016, there has been almost a complete disappearance of spring-spawning herring and a sharp decrease in fall-spawning herring abundance (DFO 2017c).

Since the stock is dominated by age-10+ herring, there has been no significant recruitment since 2005 and abundance (indicated by 4Sw acoustic surveys) has shown declines, Seafood Watch deems abundance as a “high" concern.

Factor 2.2 Fishing Mortality Key relevant information: High Concern Fishing mortality is unknown relative to reference points. There have been significantly increasing catches since 2011, reaching 4,022 t in 2016, slightly exceeding the TAC (4,000 t). The stock assessment states that the current catch levels in 4Sw may result in local depletion of the herring stock. Bait catches have not been considered in this figure and therefore mortality may be underestimated. The majority of catches occur in the purse seine fishery in area 4Sw. The stock assessment recommends that the TAC should not be increased and if effort is not reduced in 4Sw, the TAC should be reduced (DFO 2017c).

Reference points are unknown and herring are a forage fish; therefore, Seafood Watch deems fishing mortality as a “high" concern.

Eastern Cape Breton, Eastern & South Shore Nova Scotia /Northwest Atlantic, trap. Southwest Nova Scotia and Bay of Fundy /Northwest Atlantic, trap 4VWX herring (SWNS/BoF spawning component, Offshore Scotian Shelf spawning component, Coastal NS spawning component, SWNB migrant juveniles)

Factor 2.1 Abundance Key relevant information: Moderate Concern The 4VWX herring fishery comprises four components (Table 10). For most areas, biomass is unknown relative to reference points and two areas lack enough data-limited indicators to determine stock trends. Areas that have undergone biomass surveys show mixed results: the Southwest Nova Scotia / Bay of Fundy Spawning Component shows declines in 3-year moving average spawning stock biomass but broad age ranges, while the Coastal Nova Scotia show increases in biomass in one area, and declines in the other (DFO 2017a).

Biomass relative to reference points is unknown and herring are a forage fish, therefore Seafood Watch deems abundance as a “high" concern.

Table 10. Abundance trend per HFA. Source: (DFO 2017a).

161 SPAWNING TREND COMPONENT Southwest Acoustic surveys showed general declines in the spawning stock by 29%. The 3-year moving Nova Scotia / average decreased from 13% above the LRP in 2014 to 11% above LRP in 2016. There have Bay of Fundy been broad age ranges within commercial catches. Offshore There are a lack of data for this stock. The catch predominantly comprises adults age-4, 5, Scotian Shelf 6 herring. There were mixed results for trends in biomass: biomass in Little Hope was below the 5- Coastal Nova year average; however, biomass in Eastern Shore was well above the 5-year average. No Scotia data are available for the Bras d’Or Lakes since 2000; however, this area is closed to herring fishing. Southwest New Brunswick There are a lack of data regarding abundance. Migrant Juveniles

Figure 29 Relative SSB index, the calculated 3-year moving average, the average since 1999, and the LRP for Southwest Nova Scotia/ BoF spawning component (German Bank and Scots Bay). Source: (DFO 2016a)

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Figure 30 Herring landings (000't) from Southwest New Brunswick weird and shutoff fishery from 1963-2015 with long-term average and 10-year moving average. Source: (DFO 2016a)

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A recent MSC report (Gaudian et al. 2016) shows that the Southwest Nova Scotia / Bay of Fundy (SWNS/BoF) spawning component has been of concern over recent decades. Stock status reports have shown a need to allow the stock to rebuild in numerous reports: (DFO 2001, 2002, 2003a, 2004, 2005, 2006, 2007, 2008, 2009b, 2010, 2011, 2013). However, apart from in 2010, the 3-year moving average has been above the LRP since 2001 (Gaudian et al. 2016).

There are mixed results for abundance: the SW Nova Scotia / Bay of Fundy show that the 3-year moving average for the acoustic surveys estimate is slightly over the LRP, though most areas have unknown abundance, a PSA has been used and has determined its vulnerability status as medium. Since there are conflicting results, abundance is deemed a “moderate” concern.

Productivity Score PRODUCTIVITY SCORE (1 = LOW RISK, 2 = MEDIUM RISK, 3 RELEVANT INFORMATION ATTRIBUTE = HIGH RISK) Average age at 2.8 years (Wheeler et al. 2009) Low (1) maturity Average maximum 15 to 18 years (Anthony 1972) Medium (2) age Average maximum 45.0 cm SL male/unsexed (Fishbase Low (1) size 2016) Average size at 25 cm (Wheeler et al. 2009) Low (1) maturity 20,000 to 100,000 oocytes (Gaudian Fecundity Low (1) et al. 2016)

163 Reproductive Broadcast spawner Low (1) strategy Trophic level 3.87 (Gaudian et al. 2016) High (3) Productivity score (1+2+1+1+1+1+3)/7 = 1.43

Susceptibility score table SCORE (1 = LOW RISK, 2 SUSCEPTIBILITY RELEVANT INFORMATION = MEDIUM ATTRIBUTE RISK, 3 = HIGH RISK) Areal overlap >30% of the species concentration is fished, considering all fisheries. High (3)

Vertical High degree of overlap between fishing depths and depth range of overlap High (3) species

Individuals are retained below size at maturation. For example, 60% of Selectivity of overall TAC by number in 2010 were two-year-olds (Gaudian et al. fishery 2016). However, gill nets in the fishery are very size selective with a Medium (2) substantial proportion of the catch (96%) being age 5 or over (DFO 2015b). Post-capture Species is retained (Gaudian et al. 2016) High (3) mortality Susceptibility [((3*3*2*3)-1)/40]+1 = 2.325 score

V = 2.72 = Medium Vulnerability

Factor 2.2 Fishing Mortality Key relevant information: High Concern In the Maritimes region, there are around 1200 bait license holders though the number of licenses for the Southwest Nova Scotia / Bay of Fundy area is unknown.

The average exploitation rate for this area has ranged between 10 to 25% between 1999 and 2012. Values for 2012 were similar to those in years 2014 (Gaudian et al. 2016) (Figure 26) and 2015 (DFO 2016a). However, relative exploitation rates (based on acoustic SSB and landings data), had increased in 2016 from 2015 values (DFO 2017a). In the Southwest New Brunswick Migrant Juveniles component, landings data showed general declines since the early 1990’s. However, the 2016 landings show recent improvements since its historically low landings in 2015. In the offshore Scotian Shelf Spawning Component, landings have decreased from averages of 38,000 t (average in 1970 to 1979) to 1,000 t (2016) (DFO 2017a).

164 Figure 31 Relative exploitation rate for the SWNS/BoF spawning component using overall catch as a proportion of overall acoustic SSB. Source: (Gaudian et al. 2016)

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Although exploitation rates have been determined for some components of the stock, the recent stock assessment deems fishing mortality as unknown (DFO 2017a). Since herring are a forage fish, Seafood Watch deems fishing mortality as a “high" concern.

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