Maritime Canada Inshore Lobster Trap Fishery Announcement Comment

Marine Stewardship Council fisheries assessments

Maritime Canada inshore lobster trap fishery (Note that this fishery results from the combination of the Prince Edward Island lobster trap and the Bay of Fundy, Scotian Shelf and Southern Gulf of St Lawrence lobster trap)

Announcement Comment Draft Report

Conformity Assessment Body (CAB) SAI Global Assessment team Lead Assessor, Dr. Géraldine Criquet Assessor, Dr. Jerry Ennis Assessor, Mr. Eric Dunne Fishery client New Brunswick, Nova Scotia and Prince Edward Island Lobster Eco- Certification Group Assessment Type First Reassessment Report Code MSC012-013/02 Report Date 28 August 2019

1 Contents 1 Contents ...... 2 1.1 List of Figures ...... 4 1.2 List of Tables ...... 6 2 Glossary ...... 9 3 Executive summary ...... 10 3.1 Main strengths and weaknesses ...... 10 3.2 Draft determination reached by the assessment team ...... 11 4 Report details ...... 12 4.1 Authorship and peer review details...... 12 Assessment team ...... 12 Peer Reviewers...... 12 4.2 Version details ...... 13 5 Confirmation of scope ...... 14 6 Unit(s) of Assessment and Certification and results overview ...... 14 6.1 Unit(s) of Assessment and Unit(s) of Certification ...... 14 Unit(s) of Assessment ...... 14 Unit(s) of Certification ...... 16 6.2 Assessment results overview ...... 17 Determination, formal conclusion and agreement ...... 17 Principle level scores ...... 17 Summary of conditions ...... 17 Recommendations ...... 18 7 Traceability and eligibility...... 19 7.1 Eligibility date ...... 19 7.2 Traceability within the fishery ...... 19 7.3 Eligibility to enter further chains of custody ...... 20 8 Scoring ...... 21 8.1 Summary of Performance Indicator level scores ...... 21 8.2 Principle 1 23 Principle 1 background...... 23 Overview of the Maritime Canada inshore lobster fishery ...... 23 Relevant changes to regulations ...... 30 Lobster stocks assessment and status ...... 32 Harvest strategy and harvest control rules ...... 62 Catch profiles ...... 64 Total Allowable Catch (TAC) and catch data ...... 67 Principle 1 Performance Indicator scores and rationales ...... 70 PI 1.1.1 – Stock status ...... 70 PI 1.1.2 – Stock rebuilding ...... 81 PI 1.2.1 – Harvest strategy ...... 83 PI 1.2.2 – Harvest control rules and tools ...... 91 PI 1.2.3 – Information and monitoring ...... 96 PI 1.2.4 – Assessment of stock status ...... 102 8.3 Principle 2 107 Principle 2 background...... 107 Principle 2 Performance Indicator scores and rationales ...... 135 PI 2.1.1 – Primary species outcome ...... 135 PI 2.1.2 – Primary species management strategy ...... 141 PI 2.1.3 – Primary species information ...... 150 PI 2.2.1 – Secondary species outcome ...... 155 PI 2.2.2 – Secondary species management strategy ...... 160 PI 2.2.3 – Secondary species information ...... 164 PI 2.3.1 – ETP species outcome ...... 166 PI 2.3.2 – ETP species management strategy ...... 170

PI 2.3.3 – ETP species information ...... 177 PI 2.4.1 – Habitats outcome ...... 180 PI 2.4.2 – Habitats management strategy ...... 183 PI 2.4.3 – Habitats information ...... 187 PI 2.5.1 – Ecosystem outcome ...... 190 PI 2.5.2 – Ecosystem management strategy ...... 192 PI 2.5.3 – Ecosystem information ...... 195 8.4 Principle 3 198 Principle 3 background...... 198 Principle 3 Performance Indicator scores and rationales ...... 209 PI 3.1.1 – Legal and/or customary framework ...... 209 PI 3.1.2 – Consultation, roles and responsibilities ...... 212 PI 3.1.3 – Long term objectives ...... 215 PI 3.2.1 – Fishery-specific objectives ...... 217 PI 3.2.2 – Decision-making processes ...... 220 PI 3.2.3 – Compliance and enforcement ...... 224 PI 3.2.4 – Monitoring and management performance evaluation...... 227 9 References ...... 229 10 Appendices ...... 233 10.1 Assessment information ...... 233 Previous assessments ...... 233 Small-scale fisheries ...... 234 10.2 Evaluation processes and techniques ...... 235 Site visits ...... 235 Stakeholder participation...... 235 Evaluation techniques ...... 235 10.3 Peer Review reports ...... 236 10.4 Stakeholder input ...... 237 10.5 Conditions – delete if not applicable ...... 238 10.6 Client Action Plan ...... 238 10.7 Surveillance ...... 239 10.8 Harmonised fishery assessments – delete if not applicable ...... 240 10.9 Objection Procedure – delete if not applicable ...... 242 11 Template information and copyright ...... 243

1.1 List of Figures Figure 1. Lobster Fishing Areas in the Southern Gulf of St Lawrence. Source: http://www.glf.dfo- mpo.gc.ca/Gulf/Fishing-Area-Maps/Lobster#24...... 24 Figure 2. Lobster Fishing Areas in Eastern Scotia Nova. Source: DFO 2018b...... 24 Figure 3. Saptial boundaries of Lobster Fishing Area 34. Source: 2018c...... 25 Figure 4. Lobster Fishing Areas in the Bay of Fundy. Source: DFO 2019d...... 26 Figure 5. Lobster Fishing Areas (LFA) and sub-regions used for assessing the status of the American lobster stock in the southern Gulf of St. Lawrence. Also shown are the bio-collector locations; LFA 24 (A=Alberton, C=Covehead), LFA 25N (SP=Skinner’s Pond), LFA 25S (EB=Egmont Bay), LFA 26AD (NMC=Nine Mile Creek, W=Wallace), and LFA 26APEI (F=Fortune, MH=Murray Harbour). Source: DFO 2019c...... 33 Figure 6. Lobster landings (t) in the southern Gulf of St. Lawrence fishing areas from 1892 to 2011. The median landings for the 1974-2009 reference period (dotted red line; 17,247 t) are used as a proxy for BMSY...... 37 Figure 7. Reported lobster landings (t) by Lobster Fishing Area (23, 24, 25, 26A, 26B) in the southern Gulf of St. Lawrence, 1947 to 2017. The solid horizontal line is the median value for 1947 to 2011 (long-term) and the dashed horizontal line is the median value for 1968 to 2011 (mid-term). Data added since the last assessment update (2016 and 2017) are in a darker grey shading. Data for 2017 are preliminary. Source: DFO 2019c. ... 38 Figure 8. Catch rate (kg per standardized tow; mean in grey bars and 95% confidence intervals as vertical bars) of lobster, all sizes, from the Northumberland Strait bottom trawl survey for sub-regions 25N (upper panel), 25S (middle panel) and 26AD (bottom panel) for 2001 to 2009, and 2012 to 2018. The mean values for the period 2001 to 2012 for LFA 25 and for the period 2005 to 2012 for LFA 26AD are shown as red dashed horizontal lines in each panel. Source: DFO 2019c...... 40 Figure 9. Standardized abundance (number of lobsters per 100 m²; mean as bars and 95% credibility intervals from the posterior distributions of the model fits as vertical lines) of all sizes of lobster from SCUBA surveys during 2003 to 2018. The standardized abundances from the Bayesian model are averaged over sites and cohorts (Rondeau et al. 2015). Source: DFO 2019c...... 41 Figure 10. Standardized abundance (number of lobsters per 100 m²; mean as bars and 95% credibility intervals from the posterior distributions of the Bayesian model fits as vertical lines) by site from SCUBA surveys, averaged over years and cohorts for two time periods, 2003 to 2012 (orange bars, left) and 2003 to 2018 (blue bars, right). Source: DFO 2019c...... 41 Figure 11. Average annual catch per unit effort (number of lobsters per trap) of sub-legal lobsters (< MLS; excluding berried-females) in regular (square symbols) and modified (triangle symbols; blocked escapement mechanisms) traps from the recruitment-index program, 2001 to 2017 or to 2018 according to data availability. Source: DFO 2019c...... 43 Figure 12. Catch rate (kg per standardized tow; mean in grey bars and 95% confidence intervals as vertical bars) of sub-legal size lobster from the Northumberland Strait bottom trawl survey for sub-regions 25N (upper panel), 25S (middle panel) and 26AD (bottom panel) for 2001 to 2009, and 2012 to 2018. The mean values for the period 2011 to 2012 for LFA 25 (2001-2012) and for the period 2005 to 2012 for LFA 26AD are shown as red dashed horizontal lines in each panel. Source: DFO 2019c...... 44 Figure 13. Standardized abundance (number per 100 m²; mean and 95% credibility intervals from the posterior distributions of the Bayesian model fits as vertical bars) for 1-year old lobsters based on SCUBA surveys for Caraquet (23BC), Cocagne (25S), Shediac (25S), Murray Corner (25S), and Fox Harbour (26AD). Source: DFO 2019c...... 45 Figure 14. Density (number per m²; mean as symbols and 95% confidence intervals as vertical lines) of young- of-the-year lobsters from bio-collectors for six sites monitored during 2008 or 2009 to 2018. Source: DFO 2019c...... 46 Figure 15. Trend in commercial Catch-Per-Unit-Effort (CPUE; kg per trap haul-1) for LFAs 27-33 using mandatory log book data (black lines with points), voluntary logs (red lines). The CPUE is calculated as total weight landed/total trap hauls. Source: DFO 2018b...... 51 Figure 16. Trend in the catch rate of sublegal lobsters from recruitment traps (total number per total trap haul- 1) for LFAs 27-33. Trends are from area specific generalized linear mixed models of catch-per-unit-effort

incorporating year, temperature, and abundance of legal sized lobsters as fixed effects and vessel as a random effect. 95% credible intervals are shown as shaded polygons. Source: DFO 2018b...... 52 Figure 17. Proposed Upper Stock Reference (USR) (horizontal line) based on commercial CPUE for LFA 34. Shown is annual commercial CPUE (total weight landed/total trap hauls), with USR based on 80% of the median CPUE from 1998-99 to 2008-09 (=0.62 kg/trap haul)...... 55 Figure 18. Proposed Upper Stock Reference (USR) for lobster abundance in LFA 34 based on ITQ survey. The median for 1996 to 2009 (23.7 lobsters/tow) is used as the BMSY proxy, with the USR proposed as 80% of the median (19.0 lobsters/tow, dashed line). The solid line is the 3-year running mean...... 56 Figure 19. Trend in commercial CPUE (total weight landed (kg)/total TH) from reliable log records with the USR (blue horizontal line at 0.62 kg/TH). The USR is based on 80% of the median CPUE from 1998-1999 to 2008- 2009. The dotted red line is the 3-year running mean (1.26 kg/trap haul after 2016-2017 season). The dashed green line is the 3-year running median. Source: DFO 2018c...... 57 Figure 20. Trend in mean number of lobsters per standard tow from the Inshore Lobster Trawl Survey (ILTS; formerly ITQ) survey with a reduced number of stations (n=49) to adjust for changes to the survey in 2013. Standard error bars are shown for each year. An adjusted USR (blue horizontal line at 490 lobsters/km2) was calculated by taking 80% of the median number per standard tow for the reduced number of stations. The red dotted line is the 3-year running mean. The dashed green line is the 3-year running median. Source: DFO 2018c...... 58 Figure 21. Proposed Upper Stock Reference (USR) based on CPUE for LFAs 35-38. Shown is annual commercial CPUE (total weight landed/total trap hauls). Proposed USR (0.58 kg/trap haul) is 50% of the median CPUE for the period 2005-06 to 2008-09 (1.16 kg/trap haul)...... 59 Figure 22. Proposed reference point for lobster abundance in LFA 35-38 based on summer RV survey. The median for 1985 to 2009 (2.4 lobsters/tow) is used as the BMSY proxy. Proposed Upper Stock Reference is 80% of the median (1.9 lobsters/tow). Solid line is 3-year running mean...... 59 Figure 23. Trend in commercial Catch-Per-Unit-Effort (CPUE; total weight landed/total trap hauls) per fishing season calculated from complete entries of logbooks. The horizontal solid blue line is the Upper Stock Reference (0.58 kg/trap). The orange dashed line is the 3-year running mean. Source: DFO 2019d...... 60 Figure 24, Stratified mean number of lobsters per tow (95% bootstrapped Confidence Interval (CI)) in LFAs 35- 38 from DFO Summer Research Vessel Survey (Strata 490-495) calculated as the stratified mean catch rates of the 6 strata within the Bay of Fundy. The solid red line is the 3-year running mean. The horizontal blue line represents the Upper Stock Reference (USR) of 1.9 lobsters per tow. Source: DFO 2019d...... 61 Figure 25. Harvest Decision Rules for the lobster fishery in the SGSL. Source: DFO 2018b...... 63 Figure 26. Reported lobster landings (t) in the southern Gulf of St. Lawrence (DFO Gulf Region) from 1892 to 2017. The horizontal solid line is the median landing of the time series for 1947 to 2011 (10,933 t). The dashed line represents the Upper Stock Reference point (13,798 t) for the lobster fishery of the southern Gulf of St. Lawrence (DFO 2014a). Data added since the last update (2016 and 2017) are in a darker grey shading. Data for 2017 are preliminary. Source: 2019c...... 64 Figure 27. Annual Lobster landings (metric tons) by the commercial fishery in LFA 27, LFAs 28-32 combined, and LFA 33 from 1947 to 2017. The Gulf component LFA 27 landings are incorporated for 1947 to 2016. In LFA 33, landings are based on annual values from 1947-1975, and seasonal values from 1976-2017. Reference points representing the Upper Stock Reference (USR) and Limit Reference Points (LRP) are shown as blue dotted and green solid lines, respectively. The 3-year running mean is represented by a dashed red line. Source: DFO 2018c...... 65 Figure 28. Annual lobster landings by the commercial fishery in LFA 34, 1892 to 1975 (black bars) and seasonal commercial landings (grey bars) from 1976 to 2017 (where 2017 represents the 2016-2017 season). The USR, defined as 80% of the median of landings in the period of 1985 to 2009 is 8,867 t, is shown as the horizontal blue line. The dotted red line is the 3-year running mean of landings. The dashed green line is the 3-year running median. Source: DFO 2018c...... 66 Figure 29. Lobster landings by fishing season from the commercial fishery in LFAs 35-38 from 1975 to 2017. Fishing season encompasses the fall through the early summer of the following year. Stacked bars represent landings within LFAs where LFA 35 is represented by black bars, LFA 36 is represented by dark grey bars, and

LFA 38 is represented by light grey bars. The horizontal dashed and dotted lines represent the Upper Stock Reference (1,575 t) and Limit Reference (788 t) point, respectively. The solid red line is the 3-year running mean for LFAs 35-38 landings. Source: DFO 2019d...... 67 Figure 30. Boundary of the Gulf of St Lawrence. Source: http://www.dfo-mpo.gc.ca/oceans/management- gestion/gulf-golfe-eng.html ...... 108 Figure 31. Map of Scotian Shelf-Bay of Fundy Bioregion...... 109 Figure 32. North Atlantic Right Whale management measures 2019. The static fishing closure area is in yellow and areas subject to temporary closure protocol are in grey...... 125 Figure 33. Map of the geographical distribution of the lobster average annual landed value and significant coral and sponge areas (blue) in the GSL. Source: http://www.qc.dfo-mpo.gc.ca/golfe-gulf/coraux-eng.html .... 127 Figure 34. Spatial distribution of sand beach, marsh, and mud flat (light blue areas). Within light blue areas, dark areas indicate cells located within 10 km of known eelgrass beds. Source: Dutil et al 2012...... 127 Figure 35. Location of sponge (black outline), sea pen (yellow outline) and large gorgonian (red outline) Significant Benthic Areas as determined from KDE analyses. Note that there are many small polygons for each taxon that are not readily seen at this scale. Details of those can be found in Kenchington et al. 2016. Source: DFO 2017b...... 128 Figure 36. Map of areas identified for coral and sponge conservation in the GSL (pink). Source: http://www.qc.dfo-mpo.gc.ca/golfe-gulf/coraux-eng.html...... 129 Figure 37. Jordan Basin Conservation Area...... 130 Figure 38. Corsair and Georges Canyons Conservation Area...... 130 Figure 39. Northeast Channel Coral Conservation Area...... 131 Figure 40. Lophelia Coral Conservation Area...... 131 Figure 41. Sponge Conservation Area...... 132 Figure 42. Basin Head MPA. Source: http://www.dfo-mpo.gc.ca/oceans/mpa-zpm/basin-head/index-eng.html ...... 133 Figure 43. St Anns Bank MPA. Source: http://www.dfo-mpo.gc.ca/oceans/mpa-zpm/stanns-sainteanne/index- eng.html ...... 134 Figure 44. Musquash Estuary MPA. Source: http://www.dfo-mpo.gc.ca/oceans/mpa-zpm/musquash/index- eng.html ...... 134

1.2 List of Tables Table 1. Main strenghts and weaknesses of the Maritime Canada lobster trap fishery...... 10 Table 2. Fisheries program documents versions...... 13 Table 3. Unit(s) of Assessment (UoA)...... 14 Table 4. Unit(s) of Certification (UoC)...... 16 Table 5. Principle level scores...... 17 Table 6. Summary of conditions...... 17 Table 7. Traceability within the fishery...... 19 Table 8. Fishery Assessment coring worksheet...... 21 Table 9. Number of commercial licences per LFA for2018. Source: DFO Gulf...... 27 Table 10. Number of commercial licences in the SGSL per LFA for 2017 and 2018. Source: DFO Gulf...... 28 Table 11. Number of licences in Eastern Nova Scotia per LFA in 2017 and 2018. Source: DFO Maritimes...... 28 Table 12. Number of licences in Southwestern Nova Scotia in 2017 and 2018. Source: DFO Maritimes...... 28 Table 13. Number of licences in the Bay of Fundy in 2017 and 2018. Source: DFO Maritimes...... 29 Table 14. 2019 (tentative) fishing season opening and closing dates. Source: DFO Gulf...... 29 Table 15. 2019 (tentative) fishing season opening and closing dates. Source: DFO Maritimes...... 29 Table 16. 2019 (tentative) fishing season opening and closing dates. Source: DFO Maritimes...... 30 Table 17. Main management measures for the PEI lobster fishery for 2019 fishing seasons. Source: DFO Gulf...... 31 Table 18. Main management measures for the lobster fishery in the SGSL. Source: DFO Gulf...... 31

Table 19. Management measures for UoA 2 (LFAs 27-33), as of December 31, 2018. Source: Client and DFO Maritimes...... 32 Table 20. Management measures for UoA 3 (LFA 34), as of December 31, 2018. Source: Client and DFO Maritimes...... 32 Table 21. Management measures in the Bay of Fundy (LFAs 35-38), as of December 31, 2018. Source: Client and DFO Maritimes...... 32 Table 22. Values of lobster landings corresponding to the proxy for biomass at maximum sustainable yield (BMSY), the upper stock reference (USR), and the limit reference point (LRP) for the entire southern Gulf of St. Lawrence lobster stock. The 2011 landings and the position of the stock in 2011 within the status zones is shown (healthy, landings ≥ USR; cautious, USR > landings > LRP; and critical, landings ≤ LRP)...... 37 Table 23. Average catch per unit effort (number per trap, regular traps) of male and non-berried female lobsters, based on data from the recruitment-index program for the period 2012 to 2018 where data are currently available. In the table, “nd” means no data; “na” refers to the data not yet processed. No data are available for LFA 23. Source: DFO 2019c...... 39 Table 24. Average number of berried females per regular trap by LFA and year based on the recruitment-index data. In the table, “nd” means no data,“na” refers to the data not yet processed. No data are available for LFA 23. Source: DFO 2019c...... 42 Table 25. Average catch per unit effort (kg per trap) of berried female lobsters, based on data from the at-sea sampling program for the period 2012-2017. For sub-regions 25N and 25S, data are from the month of August only. In the table, “nd” means no data. Source: DFO 2019c...... 42 Table 26. Summary of the direction of change from the last update in 2015 (increase as , no change as , and decrease ) of the stock status indicators of lobster by LFA sub-region in the southern Gulf of St. Lawrence. For the fishing pressure indicator (empty traps), a decrease in the indicator is considered to be positive for stock status. For all other indicators, an increase in the indicator value is considered to be positive for stock status. na means the indicator was not available for that sub-region. Source: DFO 2019c...... 47 Table 27. Upper Stock References (USR) and Limit Reference Points (LRP) by LFA (based on landings). The recommended LRP is highlighted in bold. The LRP in last column is the lowest point of 3-year running average for 1985-2009. The last column is the lowest recorded landings from 1947-2009, together with the year in brackets...... 50 Table 28. Total Allowable Catch (TAC) and catch data (p, preliminary) ...... 67 Table 29. Lobster landings (t) by PEI harvesters per LFA and lobster total landings in the sGSL. Source: DFO Gulf...... 68 Table 30. Lobster landings (t) in the SGSL by lobster harvesters from NB and NS, 2017 and 2018. Source: DFO Gulf...... 68 Table 31. Lobster landings (t) in Eastern Nova Scotia, 2017-2018. Source: DFO Maritimes...... 68 Table 32. Lobster landings (t) in Southwestern Nova Scotia, 2016-2018. Source: DFO Maritimes...... 69 Table 33. Lobster landings (t) in the Bay of Fundy, 2016-2018. Source: DFO Maritimes...... 69 Table 34. Scoring elements ...... 107 Table 35. Definition of Primary and Secondary Species (Table GSA2 of MSC Guidance to MSC Fisheries Standard v.2.01.)...... 110 Table 36. Rock crab landings reported from lobster fishery and rock crab directed fishery in the SGSL. Source: DFO Gulf...... 111 Table 37.Amount (lbs) of cunner landed estimated from lobster logbooks for 2017 (p). Source: DFO Gulf. 112 Table 38. Amount (lbs) of sculpin landed estimated from lobster logbooks for 2017 (p). Source: DFO Gulf. 112 Table 39. Primary and secondary species for UoAs 1 and 2...... 114 Table 40. Rock crab and Jonah crab landings (mt) by lobster harvesters in the Maritimes, for October 1, 2017 to September 30, 2018. Source: DFO Maritimes...... 118 Table 41. Primary and secondary species for UoAs 3, 4 and 5...... 119 Table 42. List of ETP species that are found in the SGSL, Scotian Shelf and Bay of Fundy ...... 123 Table 43. Total Fishery Officer Hours for all LFAs in the SGSL. Source: DFO C&P Presentation to the SGSL Lobster Advisory Committee, 2018...... 206

Table 44. Gulf Region Surveillance and Enforcement Outcomes for all LFAs, 2017 and 2918. Source: DFO C&P Presentation to the SGSL Lobster Advisory Committee, 2018...... 206 Table 45. Maritimes Region Surveillance and Enforcement Outcomes for all LFAs, 2018. Source: DFO Maritimes ...... 207 Table 46. Summary of previous assessment conditions on the SGSL PEI and NB-NS lobster fisheries ...... 233 Table 47. Summary of previous assessment conditions on the Scotian Shelf and Bay of Fundy lobster fisheries ...... 233 Table 48. Small-scale fisheries...... 234 Table 49. Condition x of x (add as required)...... 238 Table 50. Fishery surveillance program...... 239 Table 51. Timing of surveillance audit...... 239 Table 52. Surveillance level rationale...... 239 Table 53. Overlapping fisheries ...... 240 Table 54. Overlapping fisheries – Harmonisation activities...... 240 Table 55. Overlapping fisheries – Scoring differences...... 241 Table 56. Overlapping fisheries – Rationale for scoring differences...... 241

2 Glossary

ACDR Announcement Comment Draft Report CBFHA Cape Breton Fish Harvesters Association CHP Conservation Harvesting Plan C&P DFO Conservation and Protection CPUE Catch Per Unit Effort DFARD (PEI) Prince Edward Island Department of Fisheries, Agriculture and Rural Development DFO Fisheries and Ocean Canada ESFPA Eastern Shore Fisherman’s Protective Association ETP Endangered, Threatened and Protected species F Fishing mortality FRCC Fishery Resource Conservation Council FSRS Fishermen and Scientist Research Society GCIFA Guysborough County Inshore Fishermen’s Association HCR Harvest Control Rules IFMP Integrated Fisheries Management Plan ILTS Inshore Lobster Trawl Survey LFA Lobster Fishing Area LRP Limit reference point MCS Monitoring, control and surveillance MLS Minimum Landing Size MSC Marine Stewardship Council NARW North Atlantic right whale NB New Brunswick NOAA National Oceanic and Atmospheric Administration (U.S) NS Nova Scotia PA Precautionary Approach PEI Prince Edward Island PI Performance Indicator RAP Regional Assessment Process SARA Species at Risk Act SD Statistical district SGSL Southern Gulf of St Lawrence SSB Spawning stock biomass SWLSS Southwest Lobster Science Society UoA Unit of Assessment UoC Unit of Certification USR Upper stock reference VME Vulnerable Marine Ecosystem WG Working Group

3 Executive summary To be drafted at Announcement Comment Draft Report stage To be completed at Public Certification Report stage

This report sets out the details of the MSC re-assessment for the Maritime Canada inshore lobster trap fishery against the MSC Principles and Criteria for Sustainable Fishing. Please note that this fishery results from the combination of the already certified Prince Edward Island lobster trap and the Bay of Fundy, Scotian Shelf and Southern Gulf of St Lawrence lobster trap.

SAI Global’s team used the information provided by the client through the Client Document Checklist, information provided by DFO, information available online and information from previous surveillance audits reports to draft this Announcement Comment Draft Report (ACDR). Scoring will be finalised after the site visit which is scheduled to take place end on September 30th-October 2nd 2019 in Halifax (Nova Scotia), Moncton (New Brunswick) and Prince Edward Island.

3.1 Main strengths and weaknesses Table 1. Main strenghts and weaknesses of the Maritime Canada lobster trap fishery. Principle Main strengths Main weaknesses Principle 1 ● Lobster stocks in the SGSL (UoAs 1 and 2), ● Stock status is only expressed in relative terms, based Scotian Shelf (UoAs 3 and 4) and Bay of on empirical indicators (landings) Fundy (UoA 5) are healthy ● Well-defined HCRs are not in place for the Scotian ● Robust harvest strategy in place for all Shelf (UoAs 3 and 4) and Bay of Fundy (UoA 5) lobster UoAs fisheries ● Well-defined HCRs are in place for the SGSL lobster fishery (UoAs 1 and 2) ● Tools are effective in controlling exploitation fro all UoAs ● Relevant information is collected to support the harvest strategy for all UoAs Principle 2 ● The non-target species catches remains ● The combined effects of the MSC UoAs on the low for all UoAs population of North Atlantic right whale are unlikely to ● There is a partial strategy in place that is be within national limit set for the protection and designed to maintain or to not hinder rebuilding of the population. rebuilding of primary and secondary species for all UoAs ● Management measures are regularly reviewed for all UoAs ● The interactions of the fishery with ETP species are low for all UoAs ● Information continues to be collected to assess the impact of all UoAs on the ecosystem Principle 3 ● Effective national legal and/or customary ● No particular weakness in Principle 3 framework ● Effective consultation processes that support the management system for all UoAs ● Comprehensive short and long-term objectives for all UoAs ● Effective decision-making processes for all UoAs ● Proven enforcement and compliance systems for all UoAs

● Effective monitoring programs with appropriate performance evaluation for all UoAs

3.2 Draft determination reached by the assessment team During the review and analysis of available information and data for drafting of the ACDR, the team did not identify any issues that could prevent the fishery from continuing to conform with the MSC Fisheries Standard.

4 Report details 4.1 Authorship and peer review details Assessment team Dr. Géraldine Criquet (Lead Assessor, primarily responsible for Principle 2, Traceability) Géraldine is an MSC approved Fisheries Team Leader for SAI Global - experienced fishery scientist in both Finfish and Shellfish fisheries, and ecosystems considerations. Géraldine holds a PhD in Marine Ecology (École Pratique des Hautes Études, France) which focused on coral reef fisheries management, Marine Protected Areas, fish biology and ecology and ecosystem impacts. She worked 2 years for the Institut de Recherche pour le Développement (IRD) at Reunion Island for studying fish target species growth and connectivity between fish populations in the Indian Ocean using otolith analysis. She served as Consultant for FAO on a Mediterranean Fisheries Program (COPEMED) and developed and implemented a monitoring program of catches and fishing effort in the Marine Natural Reserve of Cerbère-Banyuls (France). Géraldine is an experienced full time MSC Lead Assessor with SAI Global, successfully leading MSC certifications and assessment teams and acting as Principle 2 expert for multiple MSC Pre, Full and Surveillance audits including full assessments and surveillance audits of Canadian lobster trap fisheries. Géraldine led the assessment team for the initial assessment of the Prince Edward Island lobster trap fand the Bay of Fundy, Scotian Shelf and Southern Gulf of St Lawrence lobster trap as well as for all previous surveillance audits.

Dr. Jerry Ennis (Assessor, primarily responsible for Principle 1) Following undergraduate and graduate degrees at Memorial University of Newfoundland in the 1960s, Dr. Ennis completed a Ph.D. in marine biology at University of Liverpool in the early 1970s. He retired in 2005 following a 37-year research career with the Science Branch of the Department of Fisheries and Oceans. His extensively published work has focused primarily on lobster fishery and population biology and on various aspects of larval, juvenile and adult lobster behaviour and ecology in Newfoundland waters. Throughout his career, Dr. Ennis was heavily involved in the review and formulation of scientific advice for management of shellfish in Atlantic Canada as well as the advisory/consultative part of managing the Newfoundland lobster fishery.

Eric Dunne (Assessor, primarily responsible for Principle 3) Eric has over 45 years’ experience in the economic, policy and operations analyses and executive management of the full range of fishery management activities and functions. Since 1995, he has been a fishery consultant based in St. John’s, Newfoundland, Canada, specializing in comprehensive analysis of all aspects of fisheries management activities and issues. He was Regional Director-General of DFO’s Newfoundland and Labrador Region from 1981 to 1995. With an educational background in the economics of fishing, he had previously held senior positions in the Department’s economics and policy development functions. He later gained experience in the area of fisheries innovation and technology development. As well, he has lectured on fisheries management and fisheries economics in the Masters of Marine Studies Program at Memorial University of Newfoundland and Labrador. Most recently he has become fully versed in the overall MSC assessment process. In this context, he has assessed all aspects of the management systems utilised for a variety of finfish and shellfish fisheries from the sub-Arctic areas of the Northwest Atlantic to the Gulf of Mexico.

Peer Reviewers

Peer reviewers information to be completed at Public Comment Draft Report stage

The report shall contain:

- Names of the peer reviewers. - Statement that peer reviewers can be viewed on the assessment downloads page on the MSC website.

4.2 Version details To be drafted at Announcement Comment Draft Report stage

Table 2. Fisheries program documents versions. Document Version number MSC Fisheries Certification Process Version 2.1 MSC Fisheries Standard Version 2.1 MSC General Certification Requirements Version 2.3 MSC Reporting Template Version 1.1

5 Confirmation of scope The Maritime Canada inshore lobster trap fishery continue to be within the scope of the MSC fisheries Standard.

- The target species under Principle 1 is neither an amphibian nor a reptile nor a bird nor a marine mammal. - The fishery does not use destructive fishing practices such as poisons or explosives. - The fishery is not conducted under a controversial unilateral exemption to an international agreement. - The client group does not include an entity that has been successfully prosecuted for a forced labour or child labour violation in the last 2 years. - The client group has provided the Certificate Holder Forced and Child Labour Policies, Practicies and Measures Template. - The fishery applying for re-certification is not the subject of controversy and/or dispute, and there is a mechanism for resolving disputes within the fishery management system. - The Maritime Canada inshore lobster trap fishery is not an enhanced fishery. - The Maritime Canada inshore lobster trap fishery is not an introduced species based fishery. - There are no catches of non-target stocks that are inseparable or practicably inseparable (IPI) from the target stock.

6 Unit(s) of Assessment and Certification and results overview 6.1 Unit(s) of Assessment and Unit(s) of Certification Unit(s) of Assessment To be drafted at Announcement Comment Draft Report stage

Table 3. Unit(s) of Assessment (UoA). UoA 1 – SGSL PEI Description Species Homarus americanus, American lobster Stock Southern Gulf of St Lawrence lobster stock Geographical area FAO Fishing Area 21 Northwest Atlantic, Canada EEZ, Prince Edward Island, Lobster Fishing Areas (LFAs) 24, 25 and 26A Harvest method/gear Baited trap Client group New Brunswick, Nova Scotia and Prince Edward Island Lobster Eco-Certification Group Other eligible fishers There are no other eligible fishers UoA 2 – SGSL NB-NS Description Species Homarus americanus, American lobster Stock Southern Gulf of St Lawrence lobster stock Geographical area FAO Fishing Area 21 Northwest Atlantic, Canada EEZ, New Brunwick and Nova Scotia, Lobster Fishing Areas (LFAs) 23, 25, 26A and 26B Harvest method/gear Baited trap Client group New Brunswick, Nova Scotia and Prince Edward Island Lobster Eco-Certification Group Other eligible fishers There are no other eligible fishers

Table 3. Unit(s) of Assessment (UoA). UoA 3 – Eastern Nova Description Scotia Species Homarus americanus, American lobster Stock Eastern Scotia lobster stock Geographical area FAO Fishing Area 21 Northwest Atlantic, Canada EEZ, Nova Scotia, Lobster Fishing Areas (LFAs) 27-33. Harvest method/gear Baited trap Client group New Brunswick, Nova Scotia and Prince Edward Island Lobster Eco-Certification Group Other eligible fishers There are no other eligible fishers UoA 4 – Southwest Nova Description Scotia Scotia Species Homarus americanus, American lobster Stock Southwest Nova Scotia lobster stock Geographical area FAO Fishing Area 21 Northwest Atlantic, Canada EEZ, Nova Scotia, Lobster Fishing Area (LFA)34. Harvest method/gear Baited trap Client group New Brunswick, Nova Scotia and Prince Edward Island Lobster Eco-Certification Group Other eligible fishers There are no other eligible fishers UoA 5 – Bay of Fundy Description Species Homarus americanus, American lobster Stock Bay of Fundy lobster stock Geographical area FAO Fishing Area 21 Northwest Atlantic, Canada EEZ, Nova Scotia, Lobster Fishing Areas (LFAs) 35-38. Harvest method/gear Baited trap Client group New Brunswick, Nova Scotia and Prince Edward Island Lobster Eco-Certification Group Other eligible fishers There are no other eligible fishers

Unit(s) of Certification To be drafted at Announcement Comment Draft Report stage To be completed at Public Certification Report stage

Table 4. Unit(s) of Certification (UoC). UoC 1 – SGSL PEI Description Species Homarus americanus, American lobster Stock Southern Gulf of St Lawrence lobster stock FAO Fishing Area 21 Northwest Atlantic, Canada EEZ, Prince Edward Island, Lobster Fishing Geographical area Areas (LFAs) 24, 25 and 26A Harvest method/gear Baited trap Client group New Brunswick, Nova Scotia and Prince Edward Island Lobster Eco-Certification Group UoC 2 – SGSL NB-NS Description Species Homarus americanus, American lobster Stock Southern Gulf of St Lawrence lobster stock FAO Fishing Area 21 Northwest Atlantic, Canada EEZ, New Brunwick and Nova Scotia, Lobster Geographical area Fishing Areas (LFAs) 23, 25, 26A and 26B Harvest method/gear Baited trap Client group New Brunswick, Nova Scotia and Prince Edward Island Lobster Eco-Certification Group UoC 3 – Eastern Nova Description Scotia Species Homarus americanus, American lobster Stock Eastern Scotia lobster stock FAO Fishing Area 21 Northwest Atlantic, Canada EEZ, Nova Scotia, Lobster Fishing Areas Geographical area (LFAs) 27-33. Harvest method/gear Baited trap Client group New Brunswick, Nova Scotia and Prince Edward Island Lobster Eco-Certification Group UoC 4 – Southwest Nova Description Scotia Scotia Species Homarus americanus, American lobster Stock Southwest Nova Scotia lobster stock FAO Fishing Area 21 Northwest Atlantic, Canada EEZ, Nova Scotia, Lobster Fishing Area (LFA) Geographical area 34. Harvest method/gear Baited trap Client group New Brunswick, Nova Scotia and Prince Edward Island Lobster Eco-Certification Group UoC 5 – Bay of Fundy Description Species Homarus americanus, American lobster Stock Bay of Fundy lobster stock FAO Fishing Area 21 Northwest Atlantic, Canada EEZ, Nova Scotia, Lobster Fishing Areas Geographical area (LFAs) 35-38.

Table 4. Unit(s) of Certification (UoC). Harvest method/gear Baited trap Client group New Brunswick, Nova Scotia and Prince Edward Island Lobster Eco-Certification Group

6.2 Assessment results overview Determination, formal conclusion and agreement To be drafted at Final Draft Report To be completed at Public Certification Report The report shall include a formal statement as to the certification determination recommendation reached by the assessment team on whether the fishery should be certified.

The report shall include a formal statement as to the certification action taken by the CAB’s official decision- makers in response to the Determination recommendation.

Reference(s): FCP v2.1 Section 7.21

Principle level scores To be drafted at Client and Peer Review Draft Report The report shall include scores for each of the three MSC principles in the table below.

Reference(s): FCP v2.1 Section 7.17

Table 5. Principle level scores. Principle UoA 1 UoA 2 UoA 3 UoA 4 UoA 5 Principle 1 – Target species Principle 2 – Ecosystem impacts Principle 3 – Management system

Summary of conditions To be drafted at Client and Peer Review Draft Report The report shall include a table summarising conditions raised in this assessment. Details of the conditions shall be provided in the appendices. If no conditions are required, the report shall include a statement confirming this.

Reference(s): FCP v2.1 Section 7.18

Table 6. Summary of conditions. Performance Related to previous Condition number Condition Indicator (PI) condition? Yes / No / NA Yes / No / NA Yes / No / NA

Recommendations To be drafted at Client and Peer Review Draft Report stage. If the CAB or assessment team wishes to include any recommendations to the client or notes for future assessments, these may be included in this section.

7 Traceability and eligibility 7.1 Eligibility date The eligibility date is the date of re-certification.

7.2 Traceability within the fishery To be drafted at Announcement Comment Draft Report stage To be completed at Public Certification Report stage

Table 7. Traceability within the fishery. Factor Description Will the fishery use gears that are not part of the Unit of No. Lobster trap is the only fishing gear allowed to be used to Certification (UoC)? target lobster and gears other that lobster traps are not permitted on-board when fishing for lobster. If Yes, please describe: - If this may occur on the same trip, on the same vessels, or during the same season; - How any risks are mitigated. Will vessels in the UoC also fish outside the UoC No. Fishing vessels from each UoC do not fish outside the geographic area? geographical area covered by each UoC. By regulation, lobster harvesters licenced to fish in the geographical area covered by If Yes, please describe: each UoC are not allowed to fish for lobster outside this - If this may occur on the same trip; geographical area. - How any risks are mitigated. Do the fishery client members ever handle certified and Lobster harvesters and dealers in the UoCs handle only non-certified products during any of the activities certified product landed in the UoCs. covered by the fishery certificate? This refers to both at- sea activities and on-land activities. Processors may handle non-certified lobster from outside the - Transport UoCs if they buy from Newfoundland or North Shore of - Storage Quebec. There are rules and procedures in place to segregate - Processing certified and on-certified products. All processors in all - Landing Atlantic Canadian provinces are required by regulation to be - Auction licensed with the competent provincial authority. A copy of the purchase slip must be returned to the local DFO Statistical If Yes, please describe how any risks are mitigated. Office. Logbook requirements, landing inspections and sales inspection at the registered buyer and processor also act as deterrents to any potential mis-reporting and non-reporting prior to and at the point of landing. Does transhipment occur within the fishery? No. Transhipment is prohibited.

If Yes, please describe: - If transhipment takes place at-sea, in port, or both; - If the transhipment vessel may handle product from outside the UoC; - How any risks are mitigated. Are there any other risks of mixing or substitution No, no other risk has been identified. between certified and non-certified fish?

If Yes, please describe how any risks are mitigated.

7.3 Eligibility to enter further chains of custody To be drafted at Announcement Comment Draft Report stage To be completed at Public Certification Report stage MSC rules require that buyers who take title of product are required to hold CoC certification under MSC rules unless they are included in the fishery certificate. However, there are a number of buyers that only trade NB and NS Lobsters from members of the client group who’s scope is extremely limited to purchasing and selling the lobster back to members of the fishery certificate who process and ship lobster products. The requirement and eligibility for MSC claim and CoC are described for each of the entities that feature in the lobster supply chain.

(i) Entities included in the Fishery Certificate Member harvester vessels that operate within the Client Group Certificate and land lobster for sale from the certified LFAs do not require CoC certification. Processor and live shippers members who process lobsters from the certified LFAs will require CoC Certification if they require these products to carry the MSC claim. Exceptions may occur to buyers working within the MSC fishery certificate client group that do not transform the product but sell live lobsters only.

(ii) Buyers who purchase exclusively from harvesters and sell to processors or live shippers within the unit of certification Buyers who purchase only from the certified LFA’s within this certificate and sell live lobsters to processors or live shippers within this certificate do not require CoC certification. However, if the buyer also sells live lobsters outside of the fishery certificate client group membership, then this buyer will require CoC certification (as in (iii) below).

(iii) Buyers who sell live lobster to processors or live shippers who are not part of the fishery certificate Buyers who sell live lobster to processors or live shippers who are not part of the fishery certificate client group will require separate chain of custody certification. If the processor or live shipper is part of the client group then the buyer selling to that processor or live shipper does not need CoC (as per (ii) above). If the processor or live shipper is not part of the client group then the buyer selling to that processor or live shipper would need to belong to the client group and would also need to have CoC in order to sell as MSC certified to that processor or live shipper that is outside the fishery certificate client group.

(iv) All Processors/Live Shippers All processors or live shippers of lobster both within the client group and those purchasing lobster directly from harvesters of the fishery client group, from a buyer only selling within the client group, or from another chain of custody certified buyer will require CoC certification if they wish to sell the lobster as MSC certified.

SAIG determines that the system of tracking and tracing in the UoAs are sufficient to ensure all lobster and lobster products are harvested and landed from the UoCs, and are therefore eligible to carry the MSC ecolabel.

8 Scoring 8.1 Summary of Performance Indicator level scores To be drafted from Announcement Comment Draft Report

Table 8. Fishery Assessment coring worksheet.

Likely Score Principle Component Performance Indicator (PI) UoAs UoA 3 UoA 4 UoA 5 1-2 1.1.1 Stock status ≥80 ≥80 ≥80 ≥80 Outcome 1.1.2 Stock rebuilding

1.2.1 Harvest strategy ≥80 ≥80 ≥80 ≥80 One Harvest control rules & 1.2.2 ≥80 60-79 60-79 60-79 tools Management Information & 1.2.3 ≥80 ≥80 ≥80 ≥80 monitoring Assessment of stock 1.2.4 ≥80 ≥80 ≥80 ≥80 status 2.1.1 Outcome ≥80 ≥80 ≥80 ≥80

Primary species 2.1.2 Management strategy ≥80 ≥80 ≥80 ≥80

2.1.3 Information/Monitoring ≥80 ≥80 ≥80 ≥80

2.2.1 Outcome ≥80 ≥80 ≥80 ≥80

Secondary species 2.2.2 Management strategy ≥80 ≥80 ≥80 ≥80

2.2.3 Information/Monitoring ≥80 ≥80 ≥80 ≥80

2.3.1 Outcome 60-79 60-79 60-79 60-79

Two ETP species 2.3.2 Management strategy ≥80 ≥80 ≥80 ≥80

2.3.3 Information strategy ≥80 ≥80 ≥80 ≥80

2.4.1 Outcome ≥80 ≥80 ≥80 ≥80

Habitats 2.4.2 Management strategy ≥80 ≥80 ≥80 ≥80

2.4.3 Information ≥80 ≥80 ≥80 ≥80

2.5.1 Outcome ≥80 ≥80 ≥80 ≥80

Ecosystem 2.5.2 Management ≥80 ≥80 ≥80 ≥80

2.5.3 Information ≥80 ≥80 ≥80 ≥80 Legal &/or customary 3.1.1 ≥80 ≥80 ≥80 ≥80 framework Consultation, roles & Three Governance and policy 3.1.2 ≥80 ≥80 ≥80 ≥80 responsibilities 3.1.3 Long term objectives ≥80 ≥80 ≥80 ≥80

Fishery specific 3.2.1 ≥80 ≥80 ≥80 ≥80 objectives Decision making 3.2.2 ≥80 ≥80 ≥80 ≥80 processes Fishery specific Compliance & management system 3.2.3 ≥80 ≥80 ≥80 ≥80 enforcement Monitoring & 3.2.4 management ≥80 ≥80 ≥80 ≥80 performance evaluation

8.2 Principle 1 Principle 1 background Overview of the Maritime Canada inshore lobster fishery 8.2.2.1 Lobster life history The American lobster (Homarus americanus) ranges along the west coast of the Atlantic, from Labrador to Cape Hatteras. Adults prefer rocky substrates where they can find shelter, but also live on sandy or even muddy bottoms. Lobsters begin life by going through a planktonic larval phase that lasts about three to twelve weeks. Over the course of the planktonic phase, lobsters are exposed to high mortality due to predator action and displacement by currents, which can carry larvae far from the sites that would be optimal for the continuation of their life cycle. At the end of this planktonic phase, the postlarvae swim down from the surface layer and settle on the bottom in coastal habitats that offer many crannies where they can find shelter (nurseries). Lobsters leave the nursery when they reach a carapace length (CL) of about 40-50 mm and outgrow their shelters. At this stage, the lobsters are about 3 to 4 years old. In the SGSL, it is typically takes 15 to 20 moults for lobsters to reach minimum legal harvesting size over a period of six to nine years (DFO 2012). Off southwestern NS and the Bay of Fundy, lobsters are thought to take 8-10 years on average to reach the legal size of 82.5 mm CL (DFO 2013). Males reach sexual maturity at a smaller size. Females spawning for the first time can produce around 8,000 eggs, while large females measuring 127 mm (jumbo size) can lay up to 35,000 eggs. Although recruitment cannot be predicted on the basis of egg numbers, this nevertheless plays a key role in the productivity of populations. Maintaining adequate egg production and increasing the contribution of multiparous females to this production are key stock management goals.

8.2.2.2 Location of the fishery UoAs 1 and 2 – Southern Gulf of St Lawrence There are five LFAs in the SGSL, LFAs 23, 24, 25, 26A and 26B (Figure 1). The PEI lobster harvesters have access to LFAs 24, 25 and 26A as described in the Schedule XIII/Annexe XIII of the Atlantic Fishing Regulations (AFR), 19851. The fishing activity is concentrated on rocky reefs, the preferred habitat of lobster, located in the coastal and nearshore areas surrounding PEI. LFA 24 includes the north side of the Province from North Cape to East Point. LFA 25 includes the west side from Victoria to North Cape. LFA 26A includes the south side form East Point to Victoria.

The NB lobster harvesters have access to LFAs 23 and 25, and the NS lobster harvesters have access to LFAs 25, 26A and 26B as described in the Schedule XIII/Annexe XIII of the Atlantic Fishing Regulations (AFR), 19851. The fishing activity is concentrated on rocky reefs, the preferred habitat of lobster, located in the coastal and nearshore areas of NB and NS. LFA 23 includes the southern half of the Bay of Chaleurs, all of the coast of the Acadian peninsula, and Miramichi Bay. 24 LFA 25 includes the northwestern part of Northumberland Strait between NB and Prince Edward Island. LFA 26A includes the southeastern part of Northumberland Strait between NS and Prince Edward Island and the half between Prince Edward Island and Cap Breton, NS. LFA 26B includes the eastern half of Northumberland Strait between Prince Edward Island and Cape Breton, NS and the entire western coast of Cape Breton, NS.

1 http://laws-lois.justice.gc.ca/eng/regulations/SOR-86-21/page-42.html#docCont

Figure 1. Lobster Fishing Areas in the Southern Gulf of St Lawrence. Source: http://www.glf.dfo- mpo.gc.ca/Gulf/Fishing-Area-Maps/Lobster#24.

UoA 3 – Eastern Nova Scotia LFAs 27-33 stretch from the northern tip of Cape Breton Island to Barrington Bay in the south (Figure 2). Geographic areas associated with LFAs 27-33 are Eastern Cape Breton, the Eastern Shore and the South Shore of Nova Scotia. More specifically, LFA 27 includes the Northeastern Cape Breton, LFAs 28-32 include the Southeastern Cape Breton, Chedabucto Bay and the Eastern Shore, and LFA 33 includes the South Shore. Latitude and longitude positions are outlined in Schedule XIII of the AFR.

Figure 2. Lobster Fishing Areas in Eastern Scotia Nova. Source: DFO 2018b.

UoA 4 – Southwest Nova Scotia LFA 34 includes the Southwest part of Nova Scotia (Figure 3). Latitude and longitude positions are outlined in Schedule XIII of the AFR.

Figure 3. Saptial boundaries of Lobster Fishing Area 34. Source: 2018c.

UoA 5 – Bay of Fundy The NB lobster harvesters have access to LFAs 35-38 as described in the Schedule XII/Annexe XIII of the AFR. The NS lobster harvesters have access to LFA 35 as described in the Schedule XII/Annexe XIII of the AFR. LFAs 35-38 cover the entire Bay of Fundy located on the northeast end of the Gulf of Maine between NB and NS (Figure 4).

Figure 4. Lobster Fishing Areas in the Bay of Fundy. Source: DFO 2019d.

8.2.2.3 A brief history of lobster fishing and management Lobster harvesting in North America dates back to ancient times, over 10,000 years ago, when the ancestors of the Mi’kmaq settled in the coastal regions around the Gaspé and the Maritime provinces east of the Saint John River, in what became the Mi’kma’ki, traditional Mi’kmaq territory.

The Canadian lobster fishery has provided a means of income for many in Atlantic Canada since the mid-1850s Motorised boats, mechanized haulers and the parlour trap were introduced in the early 1900s. The lobster fishery has been essentially a small-boat inshore fishery, using passive gear, for much of its history. The Canadian lobster fishery grew in the mid-19th century when American operators set up canneries to compensate for declining catches in the USA. After an initial increase, landings underwent a long decline from the late 1800s to the mid-1920s apparently as the pristine unexploited populations were fished down. Following the mid-1920s, total landings in the Atlantic region showed little overall trend until the mid-1970s, although long-term fluctuations were observed with peaks in the 1930s and in the 1950s.

The Canadian lobster trap fishery has one of the longest histories of fishery regulation in Canada with the implementation of several of the measures currently in place dating back to over a century. The Fisheries Act was enacted in 1868. The first known regulation in 1873 forbade the taking of egg-bearing female weighing less than one and a half pounds as well as soft-shelled, newly moulted lobsters. In 1874, the first closed season was established during July and August to protect lobster during the spawning period. The same year, the first size limit of nine inches overall length was established. Today, the regulated minimum carapace size of lobster is set with the objective of ensuring at least 50% of female lobsters reach sexual maturity before capture. In April 1969, Sunday fishing for lobster was banned. This ban remained in effect until 1984 when it was challenged and deemed unconstitutional. In 1984, LFAs were established.

In addition to the limited size of the traps, the presence of escape vents has been mandatory since 1994.

The lobster fishery has been the subject of two reviews by the former Fisheries Resource Conservation Council (FRCC 1995, 2007). Two conservation plans (1998 and 2005) were developed to double the 1996 level of egg production per recruit by increasing the minimum legal size (MLS), and to reduce the fishing effort through licences buybacks and reduction of the number of traps occurred. The establishment of the Atlantic Lobster

Sustainability Measures (ALSM) program in 20092 helps Canada’s lobster fishery to ensure its long-term sustainability and economic prosperity. The program supports industry efforts to maintain healthy lobster stocks in all Lobster Fishing Areas, and improve lobster abundance in areas where stocks have declined. It also supports economic prosperity by helping to set the conditions for commercial success.

Lobster fisheries are currently managed by input control including a minimum legal size, prohibition of landings berried and V-notched females, limited entry, a fixed season length, trap limits, restrictions on the size of traps, restrictions on window sized lobster and maximum sizes. Other management measures include the requirements for escape vents to allow escapement of sublegal sizes as well as other non-target species and biodegradable trap mechanisms to mitigate ghost fishing by lost traps.

8.2.2.4 Number of commercial licences UoA 1 – SGSL PEI Table 9 details the number of commercial licences per LFA for 2017 and 2018. There are 3 fewer licences in 2018 than in 2017.

Table 9. Number of commercial licences per LFA for2018. Source: DFO Gulf. LFA Lobster licence category 2017 2018 Commercial Communal Category A 34 34 Commercial Category A 601 600 24 Commercial Category B 0 0 TOTAL 635 634 Commercial Communal Category A 4 4 Commercial Category A 221 221 25 Commercial Partnership A 0 0 TOTAL 225 225 Commercial Communal Category A 2 2 Commercial Category A 352 350 26 A Commercial Category B 1 1 Commercial Partnership A 4 4 TOTAL 359 357 TOTAL UoA 1 1,219 1,216

UoA 2 – SGSL NB-NS The number of licences per UoA and LFA is provided in Table 10. Overall the number of licence is stable between 2018 and 2017 across all UoAs. In total, there are 2 fewer licences in 2018 than in 2017.

2 http://www.dfo-mpo.gc.ca/fm-gp/peches-fisheries/fish-ren-peche/lobster-homard/alsm-mdih-eng.htm

Table 10. Number of commercial licences in the SGSL per LFA for 2017 and 2018. Source: DFO Gulf. LFA Lobster licence category 2017 2018 23 Commercial Communal Category A 61 61 Temporary 4 4 Commercial Category A 572 572 Category B 30 28 Partnership A 2 2 TOTAL 669 667 25 Commercial Communal Category A 88 90 Category A 379 380 Commercial Category B 5 5 Partnership A 14 12 TOTAL 486 487 26 A Commercial Communal Category A 22 22 Commercial Category A 300 298 Category B 3 2 Partnership A 2 4 TOTAL 327 326 26B Commercial Communal Category A 9 9 Commercial Category A 200 202 Category B 3 3 Partnership A 14 12 TOTAL 226 226 TOTAL 1,708 1,706 UoA 2

UoA 3 – Eastern Nova Scotia In total, there are 17 fewer licences in 2018 than in 2017 (Table 11).

Table 11. Number of licences in Eastern Nova Scotia per LFA in 2017 and 2018. Source: DFO Maritimes. LFA 2017 2018 27 518 515 28 14 14 29 63 63 30 20 20 31A 72 71 31B 71 70 32 157 157 33 695 683 Total UoA 3 1,610 1,593

UoA 4 – Southwest Nova Scotia

Table 12. Number of licences in Southwestern Nova Scotia in 2017 and 2018. Source: DFO Maritimes. LFA Lobster Licence Category 2017 2018 34 Category A 947 944 Category B 0 0 Commercial Communal 32 35

Total UoA 4 979 979 The number of lobster licences in Southwestern Nova Scotia has not changed between 2017 and 2018 (Table 12).

UoA 5 – Bay of Fundy The number of lobster licences in the Bay of Fundy has not changed between 2017 and 2018 (Table 13).

Table 13. Number of licences in the Bay of Fundy in 2017 and 2018. Source: DFO Maritimes. LFA 2017 2018 35 95 94 36 177 177 38 136 136 Total UoC 4 408 408

8.2.2.5 Fishing season UoAs 1 and 2 – SGSL PEI and NB-NS There are two distinct lobster fishing seasons in the SGSL, a spring fishery (LFAs 23, 24, 26A and 26B) and a summer/fall fishery (LFA 25) (Table 14).

Table 14. 2019 (tentative) fishing season opening and closing dates. Source: DFO Gulf. LFA 2019 Opening and closing dates 23A, B, C 4 May -4 July1 23D 3 May – 3 July1 24 3 May – 3 July1 25 8 August – October 9 26A1 3 June -3 July1,2 26A2 3 May – 3 July1 26A3 3 May – 29 June1 26B North 6 May – 6 July 26B South 3 May – 3 July1 1 Delayed opening due to ice and/or weather conditions 2 6 May to 6 July for the portion from Point Prim to Victoria, PEI

UoA 3 – Eastern Nova Scotia They are two distinct lobster fishing seasons in Eastern Nova Scotia, a spring fishery (LFA 27-32) and a winter/spring fishery (LFA 33) (Table 15).

Table 15. 2019 (tentative) fishing season opening and closing dates. Source: DFO Maritimes. LFA 2019 Opening and closing dates 27 17 May – 17 July 28 1 May – 1 July 29 1 May – 1 July 30 20 May – 21 July 31A 1 May – 2 July

Table 15. 2019 (tentative) fishing season opening and closing dates. Source: DFO Maritimes. LFA 2019 Opening and closing dates 31B 23 April – 24 June 32 23 April – 24 June 33 Last Monday of November – May 31st

UoA 4 – Southwest Nova Scotia The lobster fishery in Southwest Nova Scotia (LFA 34) is a winter/spring fishery with the same season as LFA 33, from the last Monday of November through to May 31 (DFO Maritimes).

UoA 5 – Bay of Fundy The lobster fishery in the Bay of Fundy is a fall/winter/spring fishery (Table 16).

Table 16. 2019 (tentative) fishing season opening and closing dates. Source: DFO Maritimes. LFA 2019 Opening and closing dates Fall: 14 Oct – 31 Dec 2018 35 Spring: Last day of Feb – 31 July 2019 Fall: 15 Nov. 2018 – January 14th 2019 36 Spring: March 31 – 9 July 2019 38 15 Nov 2018 – June 29 2019

Relevant changes to regulations 8.2.3.1 UoAs 1 and 2 – SGSL PEI and NB-NS Management measures for the 2019 fishing season are included in the Conservation Harvesting Plan (CHP) published on April 17th, 2019 (DFO 2019b). Table 17 and 18 summarize the main management measures for the 2018 and 2019 fishing seasons.

Minimum and maximum landing sizes In LFA 24, a window size is now implemented for all female lobster: females of size of 115 mm but not more than 129 mm must be returned to the water immediately in a manner that causes it the least harm. In LFA 26B South, the MLS was increased from 81.7 mm in 2018 to 82.5 mm in 2019.

Escape mechanism In LFA 24, the use of two escape panels per parlour is mandatory.

Management measures for the protection of the North Atlantic right whale (NARW) New management measures to minimise the risk of interactions with the North Atlantic right whale (NARW) have been announced on February 7th, 2019 by the Minister of Fisheries, Ocean and Canadian Coast Guard3. These measures were formally announced to fishers by means of Notices to Fish Harvesters issued on April 2019 (DFO 2019a and DFO 2019b). These measures are presented in section 8.3.1.3.

3 https://www.canada.ca/en/fisheries-oceans/news/2019/02/government-of-canada-unveils-its-2019-plan-for-protecting-north-atlantic-right- whales.html

Table 17. Main management measures for the PEI lobster fishery for 2019 fishing seasons. Source: DFO Gulf. LFA 24 25 26A 2018 and 2019 traps allocation 300 240 272 2018 and 2019 minimum traps per line 6 NA 6 2018 and 2019 trap dimensions (cm) Length=125, Width=90, Height=50 Rectangular escape mechanism height and width Dimensions adapted to the minimum legal carapace size in (mm) in parlor section of trap effect. Biodegradable mechanism in parlor section Dimensions of unobstructed opening not less than 89 mm in H and 148 mm in W1 Maximum size of entrance (mm) na 152 na 2018 MLS (mm) 73 77 73 2019 MLS (mm) 73 77 73 2018 Female size restriction (mm) ≥115 ≥ 115 115-129 2019 Female size restriction (mm) 115-129 ≥ 115 115-129

Table 18. Main management measures for the lobster fishery in the SGSL. Source: DFO Gulf. LFA 23 LFA 25 LFA 26A LFA 26B 23A 23B 23C 23D 26A1 26A2 26A3 North South 2018 and 2019 NS: 225 number of traps per 300 280 255a 250 250 NB: 250 licence A 2018 and 2019 traps 3 (in a portion of na na na 5 6 2 5 na per line 23C and 23D) 2018 and 2019 trap overall dimensions Length=125, Width=90, Height=50 (cm) Rectangular escape mechanism height and width (mm) in Dimensions adapted to the minimum legal carapace size in effect parlor section of trap Biodegradable mechanism in parlor Dimensions of unobstructed opening not less than 89 mm in H and 148 mm in W section Maximum size of 152 152 152 152 152 na 152 na 152 na entrance (mm) 2018 MLS (mm) 77 77 77 77 77 73 76 76 82.5 81.7 2019 MLS (mm) 77 77 77 77 77 73 76 76 82.5 82.5 Female size 115-129 ≥ 115 115-129 na restriction (mm)

8.2.3.2 UoAs 3, 4 and 5 – Scotian Shelf and Bay of Fundy Tables 19-21 summarise the main management measures as per December 31, 2018 for lobster fishing in the Maritimes. In LFA 34, licence holders are now prohibited from having additional tagged traps (spring traps) on board their vessel prior to April 1st.

New catch reporting requirements have been introduced beginning in fall 2018 for LFAs 33-38 and then spring 2019 for LFAs 27-32. It consists of a new commercial log where all retained non-target species including sculpin must be recorded (DFO 2018a). Table 19. Management measures for UoA 2 (LFAs 27-33), as of December 31, 2018. Source: Client and DFO Maritimes. LFA Trap limits1 MLS (mm) Other measures 27 275 82.5 - 28 250 84 Max. hoop size – 153 mm 29 250 84 Max. hoop size – 153 mm 30 250 82.5 Max. carapace length - 135 mm for females 31A 250 82.5 Closed window, 114-124 mm 31B 250 82.5 V-notching and release of 110 lb of mature females/licence 32 250 82.5 V-notching and release of 110 lb of mature females/licence 33 250 82.5 1Trap limit is for category A licence holder only.

Table 20. Management measures for UoA 3 (LFA 34), as of December 31, 2018. Source: Client and DFO Maritimes. MLS (mm) 82.5 Trap limits per licence A 375: 1st day of season – March 31 400: April 1 – May 31 Trap limits per partnership A 563: 1st day of season – March 31 600: April 1 – May 31

Table 21. Management measures in the Bay of Fundy (LFAs 35-38), as of December 31, 2018. Source: Client and DFO Maritimes. LFA Trap limits MLS (mm) 35 300 82.5 36 300 82.5 38 375 82.5

Management measures for the protection of the NARW Although the focus was on the interactions with NARW and snow crab fishery in the Gulf of St Lawrence in 2017, DFO Maritimes was proactive engaging meeting sessions with the fixed gears industry and implementing measures to minimise the interactions with the NARW. These measures are presented in section 8.3.1.3.

Lobster stocks assessment and status 8.2.4.1 UoAs 1 and 2 – SGSL PEI and NB-NS Five major LFAs are defined, which, for assessment purposes, are subdivided to reflect data availability as well as geographic and biological similarities (Figure 5). The assessment summarizes data for three categories of stock status indicators: fishing pressure, abundance, and production. Fishery-dependent indicators include landings, at-sea sampling and a recruitment index. Fishery-independent indicators are from bottom trawl and SCUBA surveys. Preliminary landings for 2017 are compared to those in the last update and to median values for mid-term (1968 to 2011) and long term (1947 to 2011). Other indicators are assessed in relation to past levels or trends.

Figure 5. Lobster Fishing Areas (LFA) and sub-regions used for assessing the status of the American lobster stock in the southern Gulf of St. Lawrence. Also shown are the bio-collector locations; LFA 24 (A=Alberton, C=Covehead), LFA 25N (SP=Skinner’s Pond), LFA 25S (EB=Egmont Bay), LFA 26AD (NMC=Nine Mile Creek, W=Wallace), and LFA 26APEI (F=Fortune, MH=Murray Harbour). Source: DFO 2019c.

8.2.4.1.1 Stock assessment methodology Catch statistics are from a DFO database consisting of a compilation of sale transactions conducted between registered lobster buyers and harvesters. It is assumed that the volume sold to registered buyers closely tracks the quantity of lobster caught by commercial harvesters. Because fishing location is not available, landings are separated by statistical district (SD) and it is assumed that the SD where lobsters were landed generally represents the geographical area in which the lobsters were caught. These SDs are then regrouped into the nine sub-regions (Figure 5) used in the assessment. Landings for the most recent year considered in an assessment are compared to the median landings of the long-term, mid-term , and short-term periods prior to the assessment. Within ±15% of the median indicates landings are stable whereas > ±15% indicate they have increased or decreased.

Information on licences issued and individual trap allocations are also from a DFO database and provide a basis for evaluating changes in nominal fishing effort over time. Mandatory harvester logbooks were introduced in 2014 and provide another source of catch and effort information from the fishery.

Information on lobster size structure, catch rate, and empty traps were obtained from a DFO at-sea sampling program which was in place from 1982 to 2003 in all LFAs. Following termination of that program, in 2004 the PEI provincial government initiated one using the same protocol for harvesters operating out of that province. The data are archived by DFO Science Branch and shared. For other provinces, at-sea sampling programs managed by various harvesters’ associations are conducted by industry personnel trained by DFO technicians, although sampling coverage is variable between years and LFAs. A sample is defined as one day at-sea with

one harvester from a given port. Sampling personnel record lobster size (CL to the lowest mm), sex, and clutch condition (egg stage of berried females) as well as trap type its position on the line of traps (where applicable), position of the line using a GPS, and water depth. For LFA 25 (summer fishery), only at-sea sampling data collected in August are used because almost 60% of all catches occur in the first three weeks of the fishery and later in the season fishing patterns vary greatly. For all other LFAs, at-sea sampling data of the entire fishing season are used and grouped into nine LFA sub-regions (23BC, 23G, 24, 25N, 25S, 26AD, 26APEI, 26ANS and 26B). At-sea sampling data are separated into berried females, male and non-berried females. Size distributions and CPUE at size are based on 2-mm carapace length (CL) size groups. Average CPUEs in kg/trap by year are calculated using length-weight relationships applied to the observed length-frequency data and divided by the total number of traps sampled.

The recruitment-index program is harvester-based at-sea sampling that collects information on lobster size and CPUE throughout the fishing season. It contrasts with the traditional at-sea sampling, which includes precise measurements using calipers but covers only a few days of the season. This DFO program was put in place in 1999 to monitor the relative abundance of pre-recruits. In addition to maintaining a daily logbook of catch and number of traps hauled, harvesters participating in this voluntary program record size and sex of all lobsters caught in six identified traps, three of which have the escape vent blocked. It is assumed that traps with blocked escape vents will retain more animals below the MLS. Carapace length is measured with a gauge graduated in 13 size classes ranging from 20 mm below to 50 mm above the applicable MLS for a given area. Following termination of the program managed by DFO, only LFAs around PEI were covered from 2007 by a PEI provincial government program. From 2012, Nova Scotia harvester groups from LFAs 26A and 26B have also participated in this recruitment-index program. Average CPUEs of males and non-berried females are calculated in numbers per trap. For those data, length frequencies could not be transformed into weight since CL measurements were grouped by 5 or 10 mm size bins. Only data from regular traps are used.

A trawl survey was initiated in 2001 to monitor abundance and distribution of lobster in LFA 25 that was expanded over the years to cover most of LFA 26A as well. It uses a random-block experimental design with an overlaying grid of 2 X 2 nautical miles. Primary and alternate stations are randomly selected within each block. The survey gear is a number 286 bottom trawl equipped with rubber “rock-hopper” footgear. After each tow, all lobster are measured (CL to the lowest mm), sexed and the presence of external eggs (ovigerous status) determined. Sampling intensity has varied from 100 to 235 stations between 2001 and 2009 and in 2012 but the survey protocol remained consistent. However, in 2010 and 2011, the survey design was changed. In those two years, a Bigouden trawl with a smaller footgear was used along with a different fishing protocol to sample rock crab (Cancer irroratus) and sand shrimp (Crangon septemspinosa) more efficiently. The number of stations was also reduced from over 200 stations in 2009 to about 110 in 2010 and 2011. In 2012, the original survey design and trawl were used, but the number of stations was kept at 110. The geographical coverage of the survey was gradually increased in 2008-2009 to include the eastern portion of LFA 26A.

Interpolated densities over the trawl survey area are produced using a delta-lognormal model. Catch data are first partitioned into a presence-absence component and a non-zero catch component. Generalized Additive Models (GAMs) are then applied to each component. A logistic-regression model, applied to the presence- absence data, estimates the probability of observing a non-zero catch while a log-normal regression model estimates the quantity observed. Additive smoothing terms based on water depth (i.e. smoothing spline) plus a spatial term (i.e. thin-plate spline) are included for both model components. Coordinate data for the spatial term were transformed to km. Predictions from the two component models were combined to obtain a predicted mean catch over an interpolated grid (square cells of 0.016 degrees) over most of the survey area for each year. Sub-legal and commercial lobsters are analyzed separately. Catch weights (in kg) were calculated using length-weight relationships applied to the observed length-frequency data. These were standardized to a tow length of 0.625 nm. Annual indices of density (mean number) and biomass (mean weight) are calculated for each sub-region.

Visual line-transect surveys using SCUBA divers have been carried out on lobster habitat from 2000 to monitor changes in lobster density and length-frequency characteristics at various sites in the sGSL. The longest time series are for Caraquet in sub-region 23BC and Shediac in sub-region 25S. Other sites were added in more recent years from Pointe-Verte to Pictou Island to cover LFAs 23, 25 and 26A in the central Northumberland Strait. The survey design has three components: a selective design is used to define a survey region, i.e., identification of lobster reefs, within the site; next, line-transects within the survey region are spread-out across the region using a haphazard design; and then, transects are systematically sampled on a yearly basis. Divers attempt to capture every lobster observed within a line-transect. All are measured, sexed and seabed characteristics recorded. Both abundance and production indicators are derived from the data. For each transect, counts of lobsters by cohort are tabulated. A generalized linear mixed model (GLMM) is used which assumes that observed counts are realizations from a Poisson distribution whose conditional mean is defined by a log-linear three factor (year, site and cohort) additive model with full interactions. The hierarchical structure of the model provides a relatively simple way of pooling information between years, sites and cohorts. Interaction terms allow for variation between temporal, spatial and cohort trends to be incorporated in the model. This combination of hierarchical pooling and model flexibility allows for inferences on missing observations while taking uncertainty into account.

Passive, vessel-deployed bio-collectors have been developed and used as a tool for assessing patterns of post- larval settlement of lobster. These are made with 10-gauge vinyl-coated wire (38 mm mesh) filled with rocks to mimic lobster habitat. Their dimensions are 61.0 cm x 91.5 cm x 15.0 cm in height, for a surface area of 0.55 m2. The inside of the bio-collector is lined with 2-mm rugged plastic mesh to retain lobsters, crabs and other small organisms during retrieval. Each collector is fitted with a bridle to permit lifting in a horizontal position. This monitoring started in 2008 with collectors deployed at six sites and from 2010 at eight at depths ranging from 5 to 22 m. They are deployed in early summer prior to settlement and retrieved in fall following the settlement period. Following retrieval, the wire mesh covers are removed from the bio-collectors and the rocks are rinsed and removed to inspect for lobsters which are measured and sex determined when possible. A gap in size-frequency distributions provides a basis for separating young-of-year settlers from any larger lobsters that roamed into the bio-collectors from surrounding substrate. A mixture of two log-normal distributions is fit for each combination of year and sampling site. Using a Bayesian approach, hierarchical priors are placed on the mixture proportions as well as the means. This allows for pooling of parameter information between sites and years. A production index, defined as the number of young-of-year per bio- collector, is estimated using a Poisson model for each site and year. Means are scaled to a standard surface area of one square meter.

Stock status indicators Indicators derived from data and analyses described above are grouped under abundance, fishing pressure and production and provide the basis for stock status determination. Abundance indicators include landings, catch rates from at-sea sampling and densities in trawl and SCUBA surveys. Fishing pressure indicators include exploitation rates estimated using molt class and change-in-ratio methods applied to size compositions from the recruitment index program, the proportion of empty traps in at-sea sampling and nominal fishing effort from licensing information. Production indicators include catch rates of berried females and prerecruits in at-sea sampling, berried female, precruit and one-year old densities in trawl and SCUBA surveys and larval settlement densities in bio-collectors.

Sources of uncertainties There is continued concern regarding the accuracy of the catch data derived from the official catch reporting system and the delay in the availability of these data. There are uncertainties in the amount of non-recorded lobster catches corresponding to other sales, personal consumption and illegal fishing. The current system has yet to collect any information relevant to fishing effort, despite the lobster fishery being managed based on effort control. Data on the spatial distribution of catch and effort is not collected. This information is needed to monitor the extent and changes in the distribution of fishing effort and to map the overlap of fishing gear

and to properly assess the stock. The foregoing is from Rondeau et al (2015), which is the latest comprehensive consideration of sources of uncertainty in assessment of the stock. However, mandatory harvester logbooks were introduced in 2014. Although information from this new source of catch and effort data from the fishery was not included in the most recent stock status update in November 2018 (DFO 2019a), it is being used to address the sources of uncertainty described above.

Data from recruitment-index and at-sea sampling programs are influenced by abundance, the level of fishing effort and catchability. Catchability is affected by environmental conditions, gear efficiency and other factors. Changes in any of these parameters can affect indicators such that they might not necessarily reflect changes in abundance, fishing pressure, or production.

None of the fishery-independent indicators of stock status are available for all LFAs and only landings data provide an index of abundance for the entire SGSL, which makes an assessment of the status of the resource difficult.

Exploitation rate estimates could be biased if underlying assumptions of the two methods are violated or if there is inadequate sampling. Alternate approaches may address these uncertainties.

There is no estimate of total lobster biomass for the SGSL, neither the biomass available to the fishery nor the biomass of reproductive females. In their absence, landings are used as a proxy of biomass and the berried female index is derived from at-sea sampling as a measure of reproductive potential. The validity of these proxies has not been demonstrated.

The contribution of larval settling versus localized movements of benthic stages to the recruitment of lobster into Northumberland Strait fisheries (sub-regions 25S, 26AD) is not well understood. Particle drift modelling indicates there is limited larval exchange between this area and the rest of the sGSL. Indices of abundance from SCUBA suggest that recruitment to the fishery in this area cannot be explained by in situ larval settlement.

Estimates of size at 50% maturity (L50) have not been updated for many years. Considering the increases in minimum legal sizes and changes in environmental conditions observed in the past decade, updated estimates are necessary.

Reference points There are no biomass indicators for lobster in the sGSL. Landings from DFO Gulf Region since the early-1980s are compiled from purchase slips provided by registered buyers. Approaches used in other DFO Regions to define the productive period and a BMSY proxy were applied to the sGSL lobster stock. Landing trends and information on nominal effort (number of licences) were used to establish the period of high production which was also characterized by small changes in fishing effort. Landings during this period of high production were used as a BMSY proxy (DFO 2014a).

The period from 1974 to 2009 was selected as the reference period. Following implementation of the limited access policy in 1967, the number of fishing licenses was reduced. While there was a further reduction during 1976-1980 through a buy-back program, many of the licenses were inactive and thus the amount of effort is considered to have remained relatively constant between 1974 and 2009. Significant reductions in the number of licenses and total trap allocations occurred after 2009. The 1974-2009 period includes a year with one of the lowest landings (1974), which was followed immediately by a sharp and uninterrupted increase to historical and generally sustained high landings.

Management of the sGLS fishery is structured into five LFAs with May-June seasons in LFAs 23, 24, 26A and 26B and an August-October season in LFA 25. There are no physical features that restrict benthic stage

exchanges or movements between LFAs, although movements are limited in scale. At the larval stage, there is extensive pelagic connectivity between LFAs. As a result, lobsters in the sGSL are considered as a single biological unit.

The median landing for the 1974-2009 period is proxy BMSY value. The USR value is defined as 80% of BMSY and the LRP is defined as 40% of BMSY (Table 22; Figure 6). It is unknown whether the LRP as defined is actually a limit below which serious harm would occur to the stock. Based on historical trends in the sGSL, landings increased to historical high values after 1974. That increase, which occurred over the entire geographical range of the species, is most likely due to favorable ecosystem conditions that occurred beginning in the late 1960s and 1970s.

Table 22. Values of lobster landings corresponding to the proxy for biomass at maximum sustainable yield (BMSY), the upper stock reference (USR), and the limit reference point (LRP) for the entire southern Gulf of St. Lawrence lobster stock. The 2011 landings and the position of the stock in 2011 within the status zones is shown (healthy, landings ≥ USR; cautious, USR > landings > LRP; and critical, landings ≤ LRP).

Figure 6. Lobster landings (t) in the southern Gulf of St. Lawrence fishing areas from 1892 to 2011. The median landings for the 1974-2009 reference period (dotted red line; 17,247 t) are used as a proxy for BMSY.

Under the present management regime and data collection programs, landings are considered a poor indicator of stock status the proposed BMSY proxy and reference points should be considered as temporary.

The few fishery-independent monitoring programs conducted in portions of the SGSL are not adequate to assess the status of the entire stock. Alternative indices could be developed from data collected as part of the voluntary recruitment-index logbook program. It provides data from which exploitation rates as well as demographic characteristics of pre-recruits and recruits to the fishery can be estimated. If reliable estimates of exploitation rates can be derived, indices of biomass can be developed. The implementation of a mandatory logbook program could provide detailed spatial and temporal data on catch and effort from which to develop spatially segregated indices of abundance. Ultimately, these demographic, abundance and exploitation rate indices would be used to develop population models for the SGSL lobster stock with the objective of identifying

appropriate reference points and advising on harvest control rules that would conform to the precautionary approach.

8.2.4.1.2 SGSL lobster stock status Adundance indicators – Fishery-dependent indicators Landings Landings have been trending upwards in the SGSL since 2005 and reached a time-series high of 34,730 t (preliminary) in 2018, well above the Upper Stock Reference of 13,798 t, which is 80% of the landings-based BMSY proxy for this stock. The recent upward trend in landings is evident in all LFAs (Figure 7).

Figure 7. Reported lobster landings (t) by Lobster Fishing Area (23, 24, 25, 26A, 26B) in the southern Gulf of St. Lawrence, 1947 to 2017. The solid horizontal line is the median value for 1947 to 2011 (long-term) and the dashed horizontal line is the median value for 1968 to 2011 (mid-term). Data added since the last assessment update (2016 and 2017) are in a darker grey shading. Data for 2017 are preliminary. Source: DFO 2019c.

Catch per uit effort Trends in average CPUE from both the at-sea sampling and the recruitment-index programs were similar with highest values in recent years (2014 to 2018) in all LFAs (Table 22).

Table 23. Average catch per unit effort (number per trap, regular traps) of male and non-berried female lobsters, based on data from the recruitment-index program for the period 2012 to 2018 where data are currently available. In the table, “nd” means no data; “na” refers to the data not yet processed. No data are available for LFA 23. Source: DFO 2019c.

Abundance indicators – Fishery-independent indicators Bottom trawl surveys Positive trends in catch rates (kg per standardized tow) were also observed in the fishery-independent bottom trawl survey (Figure 8). In the three sub-regions covered by the survey, abundance indices of all sizes of lobsters in 2018 were higher, by a factor of 2 to 7 times, relative to 2012. The trawl survey is conducted after the fishery in LFA 26A but before the fishery in LFA 25.

Figure 8. Catch rate (kg per standardized tow; mean in grey bars and 95% confidence intervals as vertical bars) of lobster, all sizes, from the Northumberland Strait bottom trawl survey for sub-regions 25N (upper panel), 25S (middle panel) and 26AD (bottom panel) for 2001 to 2009, and 2012 to 2018. The mean values for the period 2001 to 2012 for LFA 25 and for the period 2005 to 2012 for LFA 26AD are shown as red dashed horizontal lines in each panel. Source: DFO 2019c.

SCUBA surveys The standardized abundance of all-size groups of lobster observed from SCUBA surveys in the sGSL increased from 2003 to 2018 (Figure 9). Differences were observed among sites surveyed. A change in lobster abundances occurred in the central portion of the Northumberland Strait (round the line between sub-regions 25S and 26AD) (Figure 10). Significant increases in abundances were observed in LFAs 23 and 25, while abundances in sub-region 26AD are the lowest and unchanged (Figure 10).

Figure 9. Standardized abundance (number of lobsters per 100 m²; mean as bars and 95% credibility intervals from the posterior distributions of the model fits as vertical lines) of all sizes of lobster from SCUBA surveys during 2003 to 2018. The standardized abundances from the Bayesian model are averaged over sites and cohorts (Rondeau et al. 2015). Source: DFO 2019c.

Figure 10. Standardized abundance (number of lobsters per 100 m²; mean as bars and 95% credibility intervals from the posterior distributions of the Bayesian model fits as vertical lines) by site from SCUBA surveys, averaged over years and cohorts for two time periods, 2003 to 2012 (orange bars, left) and 2003 to 2018 (blue bars, right). Source: DFO 2019c.

Production indicators – Fishery-dependent indicators Catch rates of berried females Catch rates of berried females from the recruitment-index (Table 24) and at-sea sampling (Table 25) data reached their highest values of the time series in 2015 to 2018.

Table 24. Average number of berried females per regular trap by LFA and year based on the recruitment-index data. In the table, “nd” means no data,“na” refers to the data not yet processed. No data are available for LFA 23. Source: DFO 2019c.

Table 25. Average catch per unit effort (kg per trap) of berried female lobsters, based on data from the at-sea sampling program for the period 2012-2017. For sub-regions 25N and 25S, data are from the month of August only. In the table, “nd” means no data. Source: DFO 2019c.

Catch rates of sub-legal lobsters Catch rates of sub-legal lobsters (< MLS, excluding berried females) from the recruitment-index program have continued to increase in all areas, except in LFA 24 where they were stable (Figure 11).

Figure 11. Average annual catch per unit effort (number of lobsters per trap) of sub-legal lobsters (< MLS; excluding berried-females) in regular (square symbols) and modified (triangle symbols; blocked escapement mechanisms) traps from the recruitment-index program, 2001 to 2017 or to 2018 according to data availability. Source: DFO 2019c.

Production indicators – Fishery-independent indicators Sub-legal lobsters in bottom trawl survey The abundance index of sub-legal size lobsters from the trawl survey indicates that the biomass of sub-legal size lobsters has increased sharply since 2012 in all three sub-regions (Figure 12).

Figure 12. Catch rate (kg per standardized tow; mean in grey bars and 95% confidence intervals as vertical bars) of sub-legal size lobster from the Northumberland Strait bottom trawl survey for sub-regions 25N (upper panel), 25S (middle panel) and 26AD (bottom panel) for 2001 to 2009, and 2012 to 2018. The mean values for the period 2011 to 2012 for LFA 25 (2001-2012) and for the period 2005 to 2012 for LFA 26AD are shown as red dashed horizontal lines in each panel. Source: DFO 2019c.

1-year old lobster in SCUBA surveys The abundances of 1-year old lobster, assessed by SCUBA surveys from 2003 to 2018, have shown increases in all sub-regions except 26AD (Figure 13). Increasing trends and high values were observed in 2017 and 2018 in the site in LFA 23BC (Caraquet), outside the Northumberland Strait (Figure 13). Abundances at two sites in 25S (Cocagne and Shediac) increased into 2017 then declined in 2018 but were significantly higher in both years compared to values in 2012. The abundances of 1-year old lobsters at the Shediac and Murray Corner sites (25S) remain lower compared to sites outside the Northumberland Strait (Figure 13). One-year old lobsters at the Fox Harbour site (26AD) were at extremely low abundance during the entire time series.

Figure 13. Standardized abundance (number per 100 m²; mean and 95% credibility intervals from the posterior distributions of the Bayesian model fits as vertical bars) for 1-year old lobsters based on SCUBA surveys for Caraquet (23BC), Cocagne (25S), Shediac (25S), Murray Corner (25S), and Fox Harbour (26AD). Source: DFO 2019c.

Young-of-the-year in bio-collectors The abundance of settlers (number of young-of-the-year per m²), estimated from the industry-led monitoring of bio-collectors, showed higher lobster settlement at sites in LFA 24 and sub-region 25N, compared to the 2016 update (Figure 14). Young-of-the-year have not been observed in the bio-collectors at sites in central Northumberland Strait (sub- region 26AD) since 2014.

Figure 14. Density (number per m²; mean as symbols and 95% confidence intervals as vertical lines) of young- of-the-year lobsters from bio-collectors for six sites monitored during 2008 or 2009 to 2018. Source: DFO 2019c.

Conclusion Based on this update of the fishery-dependent and fishery-independent indices, lobsters in the SGSL continue to be in high abundance with most of the indicators in LFA sub-regions showing a positive change from the previous update (Table 26). Recent landings are either above long-term medians or the highest of the time series. The 2017 preliminary landings remain above the defined precautionary approach USR, and the SGSL lobster stock status is in the healthy zone. Production indices of berried females and recruitment are strong with highest values observed in recent years (2015 to 2018). Central Northumberland Strait (edges of sub-regions 25S and 26AD) continues to be an area of lower productivity, with almost no detections of young-of-the-year or one-year old lobsters.

Table 26. Summary of the direction of change from the last update in 2015 (increase as , no change as , and decrease ) of the stock status indicators of lobster by LFA sub-region in the southern Gulf of St. Lawrence. For the fishing pressure indicator (empty traps), a decrease in the indicator is considered to be positive for stock status. For all other indicators, an increase in the indicator value is considered to be positive for stock status. na means the indicator was not available for that sub-region. Source: DFO 2019c.

8.2.4.2 UoA 3 – Eastern Nova Scotia The scientific basis for assessing lobster populations in these areas was examined at a framework meeting in 2011 which identified three stock units: LFA 27, LFAs 28-32, and LFA 33. There is no direct measurement of lobster biomass and stock assessment is based on the analysis of trends in abundance, fishing pressure and production indicators, primarily from fishery-dependent data. These include data on catch and effort from the fishery, including mandatory and voluntary logbooks, from port and at-sea sampling of commercial catches and from standard traps maintained by Fishermen and Scientist Research Society (FSRS) study participants.

8.2.4.2.1 Stock assessment methodology Three time periods of historical landings were examined: 1892-2010, 1947-2010, and 1970-2010 and the latter was chosen to reflect the more recent fishery following introduction of limited entry and trap limits in 1968. Until 1995, the DFO database consisted of a compilation of sale transactions between official lobster buyers and harvesters. It is assumed that the volume sold to official lobster buyers closely tracks the quantity of lobster caught by lobster harvesters, but it does not take into account the lobsters sold directly by the fishermen. In 1995-1996, the system changed to one based on individual fishermen sending in monthly catch settlement reports. For all LFAs, the catch settlement report only provided information on daily catch by port landed and date of landing. Beginning in 2006 a Lobster Catch and Settlement Report was introduced to all fishermen in LFAs 27-33 and participation rates have increased providing more accurate statistics. That report requires daily catch (weight) and effort (trap hauls) together with location by reference to a grid system. In 2018, a new version of the Commercial Lobster Monthly Log for LFAs 27-38 was introduced (DFO 2018d).

In addition to the compulsory reporting system, volunteer index fishermen keep fishing logs of the weight of daily catch and the effort (number of trap hauls per day). Selection of participants was not random and was based on their willingness to contribute their information. It is assumed that annual fluctuations in the catch rates of logbook keepers reflect the fishery as a whole. A proportion of the voluntary logs also recorded daily catches of berried females.

The lobster fishery is a limited entry fishery with a fixed season and trap limits, so the maximum nominal fishing effort is fixed; however, effort levels will vary in response to lobster abundance, economics (i.e. lobster price, fishing cost) and weather. Effort can be measured as days fished (total and average per fisherman) and trap hauls (TH). Daily trap hauls are reported in the logs but recording of TH has been incomplete and total

effort is calculated first by adjusting reported effort adjusted using the percentage of total log records with effort recorded and, second, by dividing total landings by the uncorrected catch rate based on records that reported catch and effort. Days fished were based on available records in the DFO database, commercial logs and self-reported landings. Total days fished can be biased if not all trips are reported. Days per fishermen is based on the records submitted, and is thus less affected by missing records. Return rates of the mandatory logbooks are in the 90-100% range and those with records useable for estimating CPUE ranging from 85-100%. Catch rate (CPUE) is calculated from the logbook data and expressed in kg per trap haul.

At-sea sampling collects data on catch during normal commercial fishing operations which includes: carapace length (to the nearest mm) sex, egg presence and stage, shell hardness, occurrence of culls and v-notches, number, location and depth of traps. Besides catch composition information, numbers caught can be converted into estimates of the catch rate of legal-sized animals by weight from known length-weight relationships. During port sampling, a portion of a fisherman’s landed catch on a given day is measured and sexed. Whenever possible the fishing grid from the Lobster Catch and Settlement Report is matched with the sample.

The FSRS recruitment trap project involves volunteer fishermen who use standard traps and a standard gauge to assign each lobster captured to a size group. Participants are distributed along the Atlantic coast of Nova Scotia. They record size, sex and presence of external eggs for all lobsters collected in standard traps on each day of commercial fishing. Compared with commercial traps, the FSRS wire traps have features that lead to greater retention of pre-recruit lobsters: smaller mesh size (2.5 cm), smaller entrance rings (12.5 cm), and no slots to allow sublegal sized lobsters to escape. As such, these traps provide a better indication of the abundance of pre-recruit lobsters than commercial traps. The traps are set in one location throughout the season and are equipped with recorders that provide data on nearshore bottom temperature. The same traps are used throughout and allow for a better comparison between areas that may have several different designs of commercial traps.

Stock status indicators Landings, fishing effort, catch rates (from mandatory commercial and from voluntary commercial logs), and median sizes in the commercial catch were all deemed indicators of fishery performance. However, landings are a function of abundance, level of fishing effort (trap hauls and Soak Over Days), timing of effort, fishing strategy, catchability (environmental, gear efficiency, density), and availability. Changes in any of these can affect landing, thus, changes in landings are not a direct reflection of changes in abundance. However, the long time series available can give indications of general trends and patterns in abundance.

Data from mandatory logbooks are used to calculate an overall seasonal CPUE expressed in kg per trap haul in two ways: the average of all CPUEs for each record, a record representing each day fished per license which is weighted by the number of records, and by total weight/total trap hauls which is weighted by the number of records. CPUE from voluntary logbook data is calculated by Statistical District (SD) by dividing reported landings by reported effort. Data from FSRS traps may be the best source of catch rate information for LFAs 27-33 in that they come from standard traps fished in fixed locations and are hauled only during the fishing season when participants are tending their commercial gear. A GLM statistical model is used to standardize CPUE for each. It models CPUE as a function of week, year, and vessel, with the latter as a fixed effect.

Fishing effort is measured as days fished (total and average per fisherman) and trap hauls (TH). Daily trap hauls are reported in logbooks. To correct for incomplete recording, total effort is estimated first by adjusting reported effort using the percentage of total log records with effort recorded and second by dividing total landings by the uncorrected catch rate based on records that reported catch and effort in the logs. The median size of lobsters in port samples with the coefficient of variation (CV) provides a measure of the spread of sizes in the catch. The fishery is based heavily on new recruits and median size is affected by changes in recruitment and exploitation.

An index of exploitation rate (ER) is estimated using the Continuous Change in Ratio (CCIR) method, which utilizes the change over the course of the fishing season of the ratio between an unharvested size class (reference class) and a harvested size class in FSRS recruitment data. The harvested size class was defined as MLS to 90 mm CL or 81 to 90 mm CL (LFA 27 only). Estimates were done for subunits and then weighted by landings to provide an index for the assessment unit as a whole.

An index of the abundance of berried females (number/trap haul/fisherman/yr) is derived from FSRS and voluntary logbook data. Catch rates in FSRS recruitment traps provide an index of sub-legal lobster abundance. Data are treated as for legal size lobsters.

An egg index was developed for LFA 31A. Landings and at-sea samples were assigned to log grid areas and pooled by month (May/June). The sea sample was converted to weight-at-size based on a length weight- relationship. The size frequency was expanded by the ratio of the weight of the legal catch in the sample and the landed catch to give an estimate of weight-at-size for each grid area and month. Weight- at-size was converted back to number-at-size. The numbers-at-size for each month and grid were combined to give an estimate of the numbers landed at size. Berried female numbers were converted to number of eggs based on a length-fecundity relationship.

Sources of uncertainties Landings are a function of abundance, level of fishing effort (trap hauls and Soak Over Days - SOD), timing of effort, fishing strategy, catchability (environmental, gear efficiency, density, and lobster movements), and the distribution of animals and effort. Changes in any of these can affect landings. Thus, changes in landings are not a direct reflection of changes in abundance.

Voluntary logbook data are not uniformly distributed, participation has been variable and is declining. CPUEs from both mandatory and voluntary logbook data are unstandardized and affected by environmental conditions which are not accounted for. Fishing efficiency may have increased over time due to larger vessels, better navigation or improved fishing strategy but is not accounted for. Estimates of fishing effort are affected by incomplete logbook records and by weather, economics and catch rates.

Use of median size in landings is affected by variation in timing and frequency of port sampling. Estimates of exploitation rate from FSRS data are only for the smallest size group in fishery and sizes in FSRS traps may not completely represent sizes in commercial traps.

Reference points For inshore lobster, PA reference points were provided on an LFA basis for Nova Scotia inshore lobster populations in 2012 (DFO 2012). It was recognized that LFAs are not biological units, and connectivity among them should be recognized at the level of secondary indicators. Research on the appropriate biological units is underway. A BMSY proxy was estimated as the median of landings over a productive period. The median was proposed rather than the mean because the frequency distribution of landings is skewed and the median gives less weight to the high landings that had been seen in some areas in recent years. The 25-year period from 1985-2009 was proposed. This represents a productive period but also includes years when landings were substantially lower than at present.

For the USR and LRP, values of 80% and 40% of the BMSY proxy were proposed, as suggested in the DFO PA Policy. Where there were observations of lower landings from 1985-2009 from which the fishery recovered, the lowest point of a 3-year running average was proposed as the LRP. These values are set out for each LFA in Table 27. To reduce the uncertainty of using landings from a single year, a 3-year running mean of landings (mean of 3 most recent years) would be used to decide whether the biomass proxy was below the USR. For each LFA, the LRP is substantially above the lowest landings recorded from 1947-2009. The USRs are

substantially lower than recent landings and it was suggested that target reference points based on alternative measures of stock productivity or on economics should be considered.

Table 27. Upper Stock References (USR) and Limit Reference Points (LRP) by LFA (based on landings). The recommended LRP is highlighted in bold. The LRP in last column is the lowest point of 3-year running average for 1985-2009. The last column is the lowest recorded landings from 1947-2009, together with the year in brackets. LRP (lowest Lowest 1947- LFA BMSY proxy (median 1985-2009) USR (80%) LRP (40%) 1985-2009) 2009 (Year) 27 2,036 1,629 814 1,390 540 (1969) 28-29 150 120 60 57 20 (1978) 30 99 79 40 65 13 (1980) 31 313 250 125 175 41 (1980) 32 303 242 121 229 49 (1979) 33 2,297 1,838 919 1,696 213 (1978)

Given uncertainties in the use of landings as a biomass proxy, and uncertainties in the stability of the current lobster production regime, it was suggested that the proposed reference points should be used only with additional consideration of secondary indicators of abundance/biomass, production, population size/sex structure, fishing pressure or environment. Secondary indicators, together with fishing effort and indicators of lobster catchability, could be used to verify that changes in landings reflect changes in abundance. Secondary indicators could change the perception of stock status and inform management responses to changes in stock condition.

Under current conditions, lobsters appear to be resilient to high exploitation. If a removal rate reference were to be adopted, it was suggested that it be at the high end of estimates from 1999-2010. If the production regime changes to one that is less favourable to lobster populations, the current levels of exploitation would likely need to be reduced.

New reference points were accepted for additional indicators at a framework meeting for LFAs 27-33 in January 2018 (DFO 2018b). These indicators and reference points will be used to assess the stock going forward.

8.2.4.2.2 Eastern Nova Scotia lobster stock status Fishery indices Landings Recent commercial landings were all high relative to the long-term means, with preliminary values of 4,404 t, 4,352 t and 8,017 t in LFAs 27, 28-32 and 33, respectively, in 2017 (DFO 2018b). The metric for assessing where the stock is relative to the USR is the 3-year running mean of landings. For the season ending in 2017, this metric is above the USRs for all LFAs. The USR is defined as 80% of the median for the period 1985-2009, a landings-based BMSY proxy (DFO 2012).

Commercial catch rates For LFAs 28-32, CPUEs in 2017 were higher than 2016; all are at or above the mean of the full time series. The CPUE in LFA 33 continues to be higher in the west than in the east, and both areas increased between 2008 and 2016 but decreased in 2017 (Figure 15).

Figure 15. Trend in commercial Catch-Per-Unit-Effort (CPUE; kg per trap haul-1) for LFAs 27-33 using mandatory log book data (black lines with points), voluntary logs (red lines). The CPUE is calculated as total weight landed/total trap hauls. Source: DFO 2018b.

Catch rate of sublegal in survey (standardized traps) The CPUE for sublegal sized lobster for 1999-2017 from FSRS standardized traps has increased in LFA 27 (north and south) since 2013 compared to the earlier period (Figure 16). The increase over the last several years in LFA 27 is related to increases in MLS, as sizes previously classified as legal became sublegal.

In LFAs 29 and 31A, sublegal catch rates stabilized or decreased for 2017 following increases over the previous several years. Catch rates in LFAs 30, 31B, 32, and 33E have been fairly stable over the past several years at levels above those recorded between 1999 and 2004. In LFA 33W, sublegal CPUE gradually increased between the early 2000s and 2015 but has slowly declined in the past two years.

Figure 16. Trend in the catch rate of sublegal lobsters from recruitment traps (total number per total trap haul- 1) for LFAs 27-33. Trends are from area specific generalized linear mixed models of catch-per-unit-effort incorporating year, temperature, and abundance of legal sized lobsters as fixed effects and vessel as a random effect. 95% credible intervals are shown as shaded polygons. Source: DFO 2018b.

Conclusion The lobster stocks in LFAs 27, 28-32, and 33 were considered to be within the Healthy Zone at the end of the 2017 fishing season. The 3-year running means of landings for all individual LFAs were above the proposed USRs. Catch rates of legal and sublegal lobsters remain high relative to historical levels, providing support to the assertion that these stocks are in the Healthy Zone.

8.2.4.3 UoA 4 – Southwest Nova Scotia The lobster fishery off Southwest Nova Scotia in LFA 34 is the largest in Atlantic Canada with recent landings at record highs. The scientific basis for assessing the lobster population in this area was reviewed in 2013 (DFO 2013a; Tremblay et al 2013). Based on review of available information, it was concluded that LFAs 34 should be assessed as a unit separate from those of the Bay of Fundy.

There is no direct measurement of lobster biomass and stock assessment is based on the analysis of trends in abundance, fishing pressure and production indicators from fishery-dependent and fishery-independent data. These include data on catch and effort from the fishery, including mandatory and voluntary logbooks, from port and at-sea sampling of commercial catches, from standard traps maintained by FSRS study participants and from an Inshore Lobster Trawl Survey.

8.2.4.3.1 Assessment methodology In 1975 were landings available both on the basis of calendar year and fishing season (which spans two calendar years). The mandatory catch reporting system changed in 1995 from a system based on dealer sales slips to one based on individual fishermen sending in monthly catch settlement reports. The catch settlement report provided information on daily catch by port and date of landings were reported by LFA or Statistical District. In 1998, LFA 34 fishermen adopted an expanded catch settlement reporting system which required them to provide estimates of daily catch and effort by reference to a 10 minute x 10 minute grid system. The actual weight of lobsters landed is reported on the weigh-out slip portion. Grid-referenced catch and effort provides landings and effort distribution on the LFA 34 fishing grounds. This system was later implemented in LFAs 35-38 and was in full use by 2005. In 2018, a new version of the Commercial Lobster Monthly Log for LFAs 27-38 was introduced (DFO 2018c).

Historical landings data are available from various sources and reporting systems. From 2002, these data are available from the DFO MARFIS (Maritime Fishery Information System) Oracle database. Landings prior to 1996, based on sales slips, may have missed a portion of the catch sold directly to consumers or sold directly in the USA. The size of the underestimate is not known. Post 1996 landings, reported by fishermen directly, should be more complete. However, no analysis has been done to determine completeness or accuracy of reports. In general, the reporting levels have improved over time, with most measures indicating levels of reporting on the order of 70-90%. To estimate reporting levels of effort, the percentage of logs jointly reporting trap hauls and landings information was calculated.

At-sea sampling has been conducted in LFAs 34-38 from the late 1970s – early 1980s to collect data on catch during normal commercial fishing operations. Data include: CL measured to the nearest mm, sex, egg presence and stage, shell hardness, occurrence of culls and v-notches, and number, location and depth of traps. Since 1988, all data is geo-referenced. This sampling provides detailed information on lobster size-structure in the traps (including sublegal, berried, and soft-shelled lobsters). All lobsters retained in each trap haul are measured and numbers caught are converted into estimates of the catch rate of legal-sized animals by weight from length-weight relationships.

Port sampling from mid-2000s of a portion of a fisherman’s landed catch on a given day provides data on CL and sex and whenever possible the fishing grid from the Lobster Catch and Settlement Report is associated with the sample. Typically, these samples are taken in both the fall and spring portions of the fishing season.

abundance of pre-recruit lobsters than commercial traps. The traps are set in one location throughout the season or, if moved the location change is recorded, and are equipped with recorders that provide data on nearshore bottom temperature. The same traps are used throughout and allow for a better comparison between areas that may have several different designs of commercial traps.

The Inshore Lobster Trawl Survey provides estimates of lobster density in number caught per km2.

Data have been collected on the numbers of newly settled lobsters (young-of-year) in coastal Nova Scotia and in the Bay of Fundy for many years.

Stock status indicators Landings, fishing effort, catch rates (from mandatory commercial and from voluntary commercial logs), and median sizes in the commercial catch were all deemed indicators of fishery performance. However, landings are a function of abundance, level of fishing effort (trap hauls and Soak Over Days), timing of effort, fishing strategy, catchability (environmental, gear efficiency, density), and availability. Changes in any of these can affect landings, thus, changes in landings are not a direct reflection of changes in abundance. However, the long time series available can give indications of general trends and patterns in abundance.

The Lobster Catch and Settlement Reports from LFA 34 are used to estimate (i) the annual number of trap hauls, (ii) the average number of days fished per fisherman, and (iii) the average number of grids fished per fisherman. Annual trap hauls and grids fished are estimated from logs that include daily effort. CPUE (kg/trap haul) is calculated from commercial logs that provide daily weight landed, daily effort, and a grid simply as the total weight landed per year/total number of trap hauls per year.

The catch rate in FSRS standard traps is considered an indicator of sublegal abundance. While the traps used are not commercial and are designed to retain small lobsters, they are deployed during fishing operations and are, in that sense, fishery dependent. Two approaches are used. The first is use of a Generalized Additive Mixed Modeling (GAMM), the first component of which is a GLM; the second is the use of an additive component for one or more covariates as a form of smoothing; the third is a mixed effects -- the mixing of random and fixed effects. In the model, fishing season year and week of the fishing season are fixed effects, and FSRS vessel (=fisherman) is treated as a random effect. The second approach develops a Temperature Corrected Abundance Index (TCAI) based on a probabilistic model of the catch from a single sampling event as a function of the number of lobsters available at the sampling location, the current temperature, and a catchability-temperature relationship.

Trends in sizes over time from at-sea and port samples were examined by inspection of box-whisker plots and plots of median size and large sizes. To estimate exploitation rate, a Continuous Change in Ratio method together with a Length-based Cohort Analysis method are used.

The Inshore Lobster Trawl Survey (formerly known as the ITQ survey) is a fixed station survey of approximately 180 stations that occurs at the same time each year (July). Estimates of lobster density in number caught per km2 provides the primary indicator of abundance for LFA 34.

Sources of uncertainty Removals of lobster by means other than the commercial fishery are partially documented or undocumented, but are thought to be low relative to the commercial fishery. DFO receives some reports from First Nations on the removals for purposes of Food, Social and Ceremonial (FSC) from LFAs 34-38; the total removed is not known but given the effort deployed, would reach a maximum of 0.1 to 0.5% of the commercial landings in recent years. Removals by illegal means (e.g. poaching) cannot be estimated, but are thought to be low relative to the commercial fishery.

Landings are a function of abundance and a wide range of other factors, such as number of trap hauls, soak days, fishing strategy, catchability (affected by environmental factors, such as temperature and storms, as well as gear efficiency), and management rules. Changes in any of these can affect the relationship between landings and abundance. Fishing efficiency has increased due to larger boats, improvements to navigation and traps and fishing strategy, but this increase has not been quantified. For example, in LFA 34, overall vessel length increased by about 20% from 1985 to 2003 and the percent of vessels with brake horsepower >300 increased from about 15% in 1998 to over 40% in 2005. Accurate landings are dependent on accurate records from industry. If the willingness to provide accurate data decreases, the use of landings as a biomass proxy is not tenable. Given these uncertainties, conclusions about abundance and fishing pressure from fishery data are possible only if the signals are strong and/or if they are supported by fishery independent data. Further, size composition can be affected by the seasonal timing of sampling, the location, and the fishing strategy (trap type, bait, etc.).

Reference points Landings-based reference points are based on the median of the landings from 1985-2009 as a BMSY proxy. For the upper stock reference (USR) and limit reference point (LRP), the values of 80% and 40% were selected. For LFA 34, the USR is calculated to be 8,867 t. The metric for assessing where the stock is relative to the reference points is the 3-year running average of landings (DFO 2013a).

Using landings as the sole indicator of biomass for lobster stocks has risks, and one of the goals of the 2013 assessment was to provide potential alternatives. Two additional indicators and associated USRs were proposed and subsequently adopted. The first is based on commercial catch rate calculated as total landings per total trap hauls (TH) in LFA 34. The median CPUE for the period 1998-99 to 2008-09 is used as a proxy for BMSY. At 80% BMSY, the USR is 0.63 kg/TH (Figure 17 ). The metric for assessing where the stock is relative to the USR is the 3-year running mean of the commercial CPUE.

Figure 17. Proposed Upper Stock Reference (USR) (horizontal line) based on commercial CPUE for LFA 34. Shown is annual commercial CPUE (total weight landed/total trap hauls), with USR based on 80% of the median CPUE from 1998-99 to 2008-09 (=0.62 kg/trap haul).

The second additional indicator is based on the mean density of lobsters in the fishery-independent Inshore Lobster Trawl Survey. The median of the 1996 to 2009 period is the BMSY proxy, and the USR is 80% BMSY (Figure

18). When this reference point was proposed, lobster density was reported as lobsters per tow but is now reported as lobsters per km2 by accounting for the swept area of each tow. The USR now is 490 lobsters/km2. A 3-year running mean of the index is used to compare to the USR.

Figure 18. Proposed Upper Stock Reference (USR) for lobster abundance in LFA 34 based on ITQ survey. The median for 1996 to 2009 (23.7 lobsters/tow) is used as the BMSY proxy, with the USR proposed as 80% of the median (19.0 lobsters/tow, dashed line). The solid line is the 3-year running mean.

Secondary indicators may change the perception of stock status and also inform the type of response to a stock that has entered the cautious zone. While these secondary indicators will not necessarily be evaluated on an annual basis, they will be evaluated should the primary indicators change substantially.

8.2.4.3.2 Southwest Nova Scotia lobster stock status Fishery-dependent indices Landings Landings in 2015-16 were 29,151 t, the highest on record, and for 2016-17 fishing season were 26,684 t and have been above the landings-based BMSY proxy of 8,867 t, defined as 80% of the median for the period 1984- 85 to 2008-09 (DFO 2012) for more than 20 years (DFO 2018c). A 3-year running mean of the index is used to compare to the USR which, for the season ending 2016-17, was 25,325 t.

Commercial catch rate Using landings as the sole indicator of biomass for lobster stocks has risks, and one of the goals of the 2013 assessment (DFO 2013a) was to provide potential alternatives. Two additional indicators and associated USRs and LRPs were proposed and subsequently adopted. The first was based on commercial catch rate calculated as total landings per total trap hauls (TH) in LFA 34 with a USR of 0.62 kg/TH, defined as 80% of the median for the reference period 1998-1999 to 2008-09. The commercial catch rate has increased substantially since 1999-2000 and has been well above the USR over most of the time series (Figure 19). The 2016-2017 value of 1.17 kg/trap haul is lower than the previous year, which was the highest on record. A 3-year running mean of the index is used to compare to the USR which currently is 1.26 kg/TH.

Figure 19. Trend in commercial CPUE (total weight landed (kg)/total TH) from reliable log records with the USR (blue horizontal line at 0.62 kg/TH). The USR is based on 80% of the median CPUE from 1998-1999 to 2008- 2009. The dotted red line is the 3-year running mean (1.26 kg/trap haul after 2016-2017 season). The dashed green line is the 3-year running median. Source: DFO 2018c.

Fishery-independent survey The second alternative biomass indicator proposed in 2013 (DFO 2013a) is based on the mean density of lobsters in the fishery-independent Inshore Lobster Trawl Survey (ILTS). Previously, lobster density was reported as lobsters per tow but is now reported as lobsters per km2 by accounting for the swept area of each tow. The USR for total (legal and sublegal) lobster abundance based on this survey is 80% of the median catch rate for the period 1996-2009, which was 490 lobsters per km2. A 3-year running mean of the index is used to compare to the USR which was above the USR after the 2016 survey (Figure 20).

The ILTS was designed for other species but also sampled lobsters. In 2016 a change in the fishing gear was accompanied by gear comparison tows that will be used to develop conversion factors for the new net. The value presented for 2016 has been corrected from the previous update, which did not account for the gear change. The value for 2017 has not been presented because correction factors for gear changes have not been developed or peer reviewed.

Conclusion At the end of the 2016-2017 season (May 31, 2017), the lobster stock in LFA 34 was considered to be in the Healthy Zone based on two indicators (landings, commercial catch rate) that were updated for 2017 and the trawl survey catch rate, which was corrected for 2016 but not updated for 2017. The 3-year running mean of each indicator was above the respective USRs. Given that all three indicators are providing similar signals, there is confidence that the stock abundance and biomass remains high relative to the 1985-2009 period.

Figure 20. Trend in mean number of lobsters per standard tow from the Inshore Lobster Trawl Survey (ILTS; formerly ITQ) survey with a reduced number of stations (n=49) to adjust for changes to the survey in 2013. Standard error bars are shown for each year. An adjusted USR (blue horizontal line at 490 lobsters/km2) was calculated by taking 80% of the median number per standard tow for the reduced number of stations. The red dotted line is the 3-year running mean. The dashed green line is the 3-year running median. Source: DFO 2018c.

8.2.4.4 UoA 5 – Bay of Fundy The lobster fishery of the Bay of Fundy (LFAs 35-38) has seen increasing landings since the mid-1990s which currently are near record highs. The scientific basis for assessing the lobster population in this area was reviewed in 2013 (DFO 2013b; Tremblay et al 2013). Based on review of available information, Bay of Fundy lobsters are considered to be one population and part of the larger Gulf of Maine lobster population which is viewed as a stock complex. It was concluded that LFAs 35 to 38 should be assessed as a unit.

8.2.4.4.1 Assessment methodology Data and analyses, stock status indicators and sources of uncertainty are comparable to those for the LFA 34 assessment and are covered under those sections of UoA 4.

Reference points Landings-based reference points are based on the median of the landings from 1985-2009 as a BMSY proxy. For the upper stock reference (USR) and limit reference point (LRP), the values of 80% and 40% were selected. For assessment purposes, landings reference points are evaluated for the Bay of Fundy as a whole. The USR for LFAs 35-38 as a whole is 1,575 t. The metric for assessing where the stock is relative to the reference points is the 3-year running average of landings (DFO 2013b).

Two additional indicators and associated USRs were proposed and subsequently adopted. The first is based on commercial catch rate calculated as total landings per total trap hauls (TH) in LFAs 35-38. The median CPUE from the start of the CPUE series (2005-06) to 2008-09 is used as a basis for the BMSY proxy. Because the short time series is restricted to a period of high abundance, the USR is adjusted to the expected CPUE levels in the mid-1990s based on landings and estimated effort. Therefore, the USR is set at 50% BMSY which is 0.58 kg per trap haul (Figure 21 ). The metric for assessing where the stock is relative to the USR is the 3-year running mean of the commercial CPUE.

Figure 21. Proposed Upper Stock Reference (USR) based on CPUE for LFAs 35-38. Shown is annual commercial CPUE (total weight landed/total trap hauls). Proposed USR (0.58 kg/trap haul) is 50% of the median CPUE for the period 2005-06 to 2008-09 (1.16 kg/trap haul).

The second additional indicator is based on the stratified mean of number of lobsters per tow in a fishery- independent DFO summer RV survey over the 1985-2009 period. The median, 2.4 lobsters per tow, is the BMSY proxy and at 80% BMSY, the USR is 1.9 lobsters per tow (Figure 22 ). A 3-year running mean of the index is used to compare to the USR.

Figure 22. Proposed reference point for lobster abundance in LFA 35-38 based on summer RV survey. The median for 1985 to 2009 (2.4 lobsters/tow) is used as the BMSY proxy. Proposed Upper Stock Reference is 80% of the median (1.9 lobsters/tow). Solid line is 3-year running mean.

8.2.4.4.2 Bay of Fundy lobster stock status Fishery-dependent indices Landings There has been an upward trend in landings for the past 20 years in all three LFAs (LFA 37 is shared between 36 and 38) and 2015-2016 landings are the highest on record for the Bay of Fundy at 12,873 t. The landings- based BMSY proxy for USR is 1,575 t, defined as 80% of the median for the period 1984-1985 to 2008-2009 (DFO 2013b). A 3-year running mean of the index is used to compare to the USR which, for the season ending 2016- 17 was 12,178 t, well above the USR (DFO 2019d).

Commercial catch rate It was recognized that using landings as the sole indicator of lobster stock status has risks, and one of the goals of the 2013 assessment was to provide potential alternatives. Two additional stock indicators and associated Upper Stock Reference (USR) points that relate to abundance or biomass were proposed and subsequently adopted but without Limit Reference Points (LRP) set. The first of these is a commercial catch rate indicator which is calculated as total landings/total trap hauls in LFAs 35-38 from complete logbook records and is related to the abundance of the legal portion of the stock.

The commercial catch rate (kg/trap haul) increased substantially between 2004-2005 and 2014-2015 (Figure 23). The USR for the biomass of legal-size lobsters based on the CPUE (0.58 kg/trap haul) is defined as 50% of the median for the reference period 2005-06 to 2008-09. Although CPUE has decreased in each of the past two fishing seasons, the most recent 3-year running mean (2.20 kg/trap haul), which is used to compare to the USR, is well above.

Figure 23. Trend in commercial Catch-Per-Unit-Effort (CPUE; total weight landed/total trap hauls) per fishing season calculated from complete entries of logbooks. The horizontal solid blue line is the Upper Stock Reference (0.58 kg/trap). The orange dashed line is the 3-year running mean. Source: DFO 2019d.

Fishery-independent survey The second additional stock indicator is based on the stratified mean of lobster catch rate (number of lobsters/tow) in a fishery-independent trawl survey (DFO Summer Research Vessel Survey) in strata 490-495. The USR for lobster abundance based on this survey is 80% of the median catch rate for the period 1985-2009, which correspond to 1.9 lobsters/tow. A 3-year running mean of the index is used to compare to the USR. In 2017, the 3-year running mean was 67.8 lobsters/tow, much greater than the USR (Figure 24). This survey does not sample in depths shallower than 50 m in the Bay of Fundy, which are highly productive lobster areas. The observed annual variability in average catch rates is likely related to low sampling intensity.

Figure 24, Stratified mean number of lobsters per tow (95% bootstrapped Confidence Interval (CI)) in LFAs 35- 38 from DFO Summer Research Vessel Survey (Strata 490-495) calculated as the stratified mean catch rates of the 6 strata within the Bay of Fundy. The solid red line is the 3-year running mean. The horizontal blue line represents the Upper Stock Reference (USR) of 1.9 lobsters per tow. Source: DFO 2019d.

Conclusion Based on three stock indicators (landings, commercial catch rate and DFO Summer RV Survey catch rate), the lobster stock in LFAs 35-38 is considered to be in the Healthy Zone at the end of the 2016-2017 fishing season. The 3-year running averages of these indicators were above the USRs.

Each of the stock indicators has strengths and weaknesses that were outlined in the previous assessment (DFO 2013b). Given that all three are providing similar signals, there is confidence that overall abundance and biomass remain high relative to the 1994-2009 period. The minimum legal size in the fishery of 82.5 mm is less than the size-at-50%-onset-maturity in the Bay of Fundy (> 90 mm CL). This indicates that a large proportion of the total landings in the Bay of Fundy fishery are immature lobsters. Therefore, abundance trends presented here may not reflect the broodstock status and are likely influenced by recruitment pulses.

Harvest strategy and harvest control rules 8.2.5.1 UoAs 1 and 2 – SGSL PEI and NB-NS DFO strives to manage the lobster fishery in the southern Gulf of St. Lawrence based on the principles of stock conservation and sustainable harvest, as well as ecosystem health and sustainability. Fishery management objectives are guided by the principle that the fishery is a common property resource to be managed for the benefit of all Canadians, consistent with conservation objectives, the constitutional protection afforded Aboriginal and treaty rights, and the relative contributions that various uses of the resource make to Canadian society, including socio-economic benefits. Conservation objectives require consideration of the impact of the fishery not only on the target species but also on non-target species and habitat.

The SGSL lobster fishery operates in accordance with an “evergreen” Integrated Fishery Management Plan (IFMP) that is amended as needed and covers all aspects of an overall management framework for the fishery (DFO 2014b).

Management of the fishery includes a series of input (effort) and output (catch) controls. Effort is controlled by limiting access to the resource through a rigorous licensing program, short (8-10 weeks) fishing seasons, and established limits on the number of traps that can be used by individual license holders. Only baited traps can be used and there are restrictions on the size of traps. In some LFAs, there is a minimum number of traps per line as well as limits on the maximum size of entry hoops that can be used in traps. Catch is controlled by a minimum legal size. Use of rectangular escape vents is required to allow escapement of undersize lobsters. There is mandatory use of biodegradable panels to prevent ghost fishing by lost traps. Undersize, females within a size window and above a maximum size and all egg-bearing females must be released immediately after capture and handling/release practices in the fishery ensure high post-release survival. There are also measures that prohibit possession of body parts separated from the thorax as well as the removal of eggs from lobsters. Details of these measures vary between LFAs and changes to specific measures are implemented periodically. They are specified in annual Conditions of Licence and Notices to Fish Harvesters. Precautionary approach (PA) harvest decision rules for lobster fishery in the SGSL have been approved and published on June 20th, 2018 (DFO 2018d), and are presented in Figure 25. Objectives and key considerations of the PA (DFO 2018d) are as follow:

- The PA is part of DFO’s Sustainable Fisheries Framework. - The PA is guided by the principle of respecting Aboriginal rights. In its 1990 Sparrow decision, the Supreme court of Canada found that an Aboriginal right to fish for food, social and ceremonial (FSC) purposes takes priority, after conservation, over other uses of the resource. Therefore, the FSC fisheries would continue in the Cautious zone. Further consultations would be required should the Critical zone be reached. - The PA does not replace the ongoing day to day management of the fishery. While the stock is in Healthy zone, regular management will continue, including scientific stock status assessment. - The mutual goal is to keep the stock in the Healthy zone and continue to promote the sustainable management to prevent reaching the Cautious zone. - If the stock falls below the upper stock reference point (USR), the harvest decision rules will be implemented. Consultations will take place with industry and Aboriginal organizations on what specific measures will be taken to reduce fishing efforts within each LFA. Specific scenarios per LFA can be decided when the time comes. - Harvest decision rules are temporary until stock returns to the Healthy zone. - DFO Science is already working on stock status indicators to establish new stock reference points.

Figure 25. Harvest Decision Rules for the lobster fishery in the SGSL. Source: DFO 2018b.

8.2.5.2 UoA s 3, 4 and 5 – Scotian Shelf and Bay of Fundy The IFMP for the lobster fishery in LFAs 27-38 (DFO 2011) defines objectives for conservation of the resource and for the social, cultural and economic aspects of the fishery. The intent conservation objectives is to limit negative impacts on the ecosystem. DFO is committed to managing in an environmentally sustainable manner while recognizing the economic importance of the industry to multiple stakeholders. The overarching conservation objective is to allow sustainable use that safeguards ecological processes and genetic diversity for present and future generations.

addition to v-notching of egg-bearing females in some LFAs, there a requirement to release 110 lbs of mature females/licence. There are also measures that prohibit possession of body parts separated from the thorax as well as the removal of eggs from lobsters. Details of these measures vary between LFAs and changes to specific measures are implemented periodically. They are specified in annual Conditions of Licence and Notices to Fish Harvesters.

During the 4th surveillance audit conference call with DFO Maritimes and client representatives on May 17, 2019, the team was informed that for UoA 23(LFAs 27-33) consultations on HCRs have been completed. An agreement between DFO and stakeholders is in final review by senior DFO managers with formal approval for implementation anticipated by end of summer.

For UoA 4 (LFA 34) and 5 (LFAs 35-38), consultations have taken place and HCRs similar to those being approved for UoA 3 have been discussed. Agreement is pending input from DFO Science on new/updated stock status indicators which will be peer reviewed at a framework assessment meeting to be held in September 2019. Further consultations will take place at advisory committee meetings during the fall. A DFO/stakeholder agreement is expected to be approved and implemented by March 2020.

Catch profiles 8.2.6.1 UoAs 1 and 2 – Southern Gulf of St Lawrence Landings have been trending upwards in the SGSL since the late 70’s since when they have been above the USR (Figure 26). Landings then slightly decreased in the early 90’s and have been back to an upwards trend since 2005. They reached a time-series high of 34,730 t (preliminary) in 2018, well above the Upper Stock Reference of 13,798 t.

Figure 26. Reported lobster landings (t) in the southern Gulf of St. Lawrence (DFO Gulf Region) from 1892 to 2017. The horizontal solid line is the median landing of the time series for 1947 to 2011 (10,933 t). The dashed line represents the Upper Stock Reference point (13,798 t) for the lobster fishery of the southern Gulf of St. Lawrence (DFO 2014a). Data added since the last update (2016 and 2017) are in a darker grey shading. Data for 2017 are preliminary. Source: 2019c.

8.2.6.2 UoA 3 – Eastern Nova Scotia Landings in LFA 27 shraply increased in the late 80’s followed by a sharp decreased in early 90’s (Figure 27). Landings in LFA 27 have been in a upwards trend since early 2000’s. Landings in LFAs 28-32 have showed an upwards trends since the early 2000’s (Figure 27). Recent landings in LFA 33 are among the highest on record with increases from 7,069 t in 2015 to 10,049 t in 2016 (Figure 27).

Figure 27. Annual Lobster landings (metric tons) by the commercial fishery in LFA 27, LFAs 28-32 combined, and LFA 33 from 1947 to 2017. The Gulf component LFA 27 landings are incorporated for 1947 to 2016. In LFA 33, landings are based on annual values from 1947-1975, and seasonal values from 1976-2017. Reference points representing the Upper Stock Reference (USR) and Limit Reference Points (LRP) are shown as blue dotted and green solid lines, respectively. The 3-year running mean is represented by a dashed red line. Source: DFO 2018c.

8.2.6.3 UoA 4 - Southwest Nova Scotia Landings in LFA 34 are in an upwards trend since the late 70’s and have been above the landings-based BMSY proxy of 8,867 t for more than 20 years (Figure 28).

Figure 28. Annual lobster landings by the commercial fishery in LFA 34, 1892 to 1975 (black bars) and seasonal commercial landings (grey bars) from 1976 to 2017 (where 2017 represents the 2016-2017 season). The USR, defined as 80% of the median of landings in the period of 1985 to 2009 is 8,867 t, is shown as the horizontal blue line. The dotted red line is the 3-year running mean of landings. The dashed green line is the 3-year running median. Source: DFO 2018c.

8.2.6.4 UoA 5 – Bay of Fundy There has been an upward trend in landings for the past 20 years in all three LFAs (LFA 37 is shared between 36 and 38) and 2015-2016 landings are the highest on record for the Bay of Fundy at 12,873 t (Figure 29).

Figure 29. Lobster landings by fishing season from the commercial fishery in LFAs 35-38 from 1975 to 2017. Fishing season encompasses the fall through the early summer of the following year. Stacked bars represent landings within LFAs where LFA 35 is represented by black bars, LFA 36 is represented by dark grey bars, and LFA 38 is represented by light grey bars. The horizontal dashed and dotted lines represent the Upper Stock Reference (1,575 t) and Limit Reference (788 t) point, respectively. The solid red line is the 3-year running mean for LFAs 35-38 landings. Source: DFO 2019d.

Total Allowable Catch (TAC) and catch data Lobster fisheries are not TAC managed.

Table 28. Total Allowable Catch (TAC) and catch data (p, preliminary) TAC Year N/A Amount N/A UoA share of TAC Year N/A Amount N/A UoA share of total TAC Year N/A Amount N/A Total green weight catch by UoC 1 Year (most recent) 2018p Amount 16,993 t Total green weight catch by UoC 1 Year (second most recent) 2017 Amount 15,940 t Total green weight catch by UoC 2 Year (most recent) 2018p Amount 17,737 t Total green weight catch by UoC 2 Year (second most recent) 2017p Amount 17,113 t Total green weight catch by UoC 3 Year (most recent) 2018* Amount 18,597 t Total green weight catch by UoC 3 Year (second most recent) 2017p Amount 16,773 t Total green weight catch by UoC 4 Year (most recent) 2017-2018 Amount 23,926 t

Total green weight catch by UoC 4 Year (second most recent) 2016-2017 Amount 26,684 t Total green weight catch by UoC 5 Year (most recent) 2018 Amount 12,662 t Total green weight catch by UoC 5 Year (second most recent) 2017 Amount 12,155 t * For the period of October 1, 2017 to September 30, 2018 - preliminary

Table 29 presents lobster landings by PEI commercial harvesters per LFA. Landings by PEI commercial harvesters represent approximately 50% of SGSL lobster total landings (Table 29). 50% of PEI lobster total landings come from LFA 24, 20% from LFA 25 and 30% from LFA 26A (Table 29).

Table 29. Lobster landings (t) by PEI harvesters per LFA and lobster total landings in the sGSL. Source: DFO Gulf. Lobster Fishing Area (LFA) 2017 2018 24 8,320 t 8,473 t 25 3,398 t 3,756 t 26A 4,222 t 4,764 t TOTAL PEI 15,940 t 16,993 t TOTAL sGSL 32,524 t 34,730 t

In 2017, lobster total landings in NB-NS were 72,725 t which accounted for 75% of lobster total landings in the Canada Atlantic4. Lobster landings by NB-NS harvesters in the SGSL account for approximately 50% of SGSL lobster total landings (Table 30), and 23% of NB-NS lobster total landings. Lobster landings in Eastern Scotia (Table 31) account for approximately 23% of NB-NS lobster total landings. Lobster landings in Southwest Nova Scotia (Table 32) account for approximately 40% of NB-NS lobster total landings. Lobster landings in the Bay of Fundy (Table 33) account for approximately 17% of NB-NS lobster total landings.

Table 30. Lobster landings (t) in the SGSL by lobster harvesters from NB and NS, 2017 and 2018. Source: DFO Gulf. LFA 2017 2018 (p) 23 7,892 8,058 25 4,678 5,224 26A 2,608 2,736 26B 1,935 1,719 Total NB-NS 17,113 17,737 Total SGSL 32,524 34,730

Table 31. Lobster landings (t) in Eastern Nova Scotia, 2017-2018. Source: DFO Maritimes. LFAs 28- Season LFA 27 LFA 31 LFA 32 Season LFA 33 TOTAL 30 2017p 4,404 1,2481 2,008 1,096 2016-2017 8,017 16,773 2018* 5,228 1,7681 2,098 1,085 2017-2018 8,418 18,597 1 Landings available for LFAs 28-30 total. * For the period of October 1, 2017 to September 30, 2018 – preliminary

4 http://www.dfo-mpo.gc.ca/stats/commercial/land-debarq/sea-maritimes/s2017aq-eng.htm

Table 32. Lobster landings (t) in Southwestern Nova Scotia, 2016-2018. Source: DFO Maritimes. Fishing season Landings 2016-2017 26,684 2017-2018 p 23,925

Table 33. Lobster landings (t) in the Bay of Fundy, 2016-2018. Source: DFO Maritimes. Season LFA 35 LFA 36 LFA 38 TOTAL 2016-2017 3,072 3,372 5,711 12,155 2017-2018 p 3,374 4,022 5,266 12,662

Principle 1 Performance Indicator scores and rationales PI 1.1.1 – Stock status UoAs 1 and 2 – SGSL PEI and NB-NS The stock is at a level which maintains high productivity and has a low probability of recruitment PI 1.1.1 overfishing Scoring Issue SG 60 SG 80 SG 100

Stock status relative to recruitment impairment It is likely that the stock is above It is highly likely that the stock is There is a high degree of a Guide the point where recruitment above the PRI. certainty that the stock is above post would be impaired (PRI). the PRI.

Met? Yes Yes Yes

Rationale There is a high degree of certainty that the stock is above the PRI.

There are no biomass estimates for lobsters in the sGSL. Reference points based on landings as a BMSY proxy have been developed and are currently part of a PA framework for the fishery. These are evaluated below in the context of: SA2.2.3.1: Where proxy indicators and reference points are used to score PI 1.1.1, the team shall justify their use as reasonable proxies of stock biomass for the PRI and/or MSY.

Most of the distribution of lobsters is fished to varying degrees of intensity by harvesters from coastal communities throughout the region and during the fishing season there is a very high degree of overlap between fishing gear and the resource. Although estimates are quite variable between LFAs and include a high degree of uncertainty, they indicate that exploitation rates of 70 to 80% are likely the norm. Landings, therefore, represent a high proportion of the commercial biomass available in a given year and they are highly dependent on annual recruitment to this fished portion of the population. Landings also reflect SSB, given minimum legal sizes at or near L50 and protection of egg bearing females. It is considered that landings are a reasonable proxy of stock biomass.

The period from 1974 to 2009 was selected as the reference period, which includes the highly productive, post-1985 period but not the even more productive period of the past decade. The median landing for the period (17,247 t) is the proxy BMSY value. The USR value (13,798 t) is defined as 80% of BMSY and the LRP value (6,899 t) is defined as 40% of BMSY. It is unknown whether the LRP as defined is actually a limit below which serious harm would occur to the stock but, landings have recovered from lows at or below that level several times over the historical time series, including in 1974. Based on historical trends in the sGSL, landings increased to record high values after 1974. That increase, which occurred over the entire geographical range of the species, is most likely due to favorable ecosystem conditions that occurred beginning in the late 1960s and 1970s.

As of the most recent update of stock status indicators for sGSL lobsters, from a November 2018 review, landings have been trending upwards since 2005 and reached a time-series high of 32,524 t (preliminary) in 2017. The recent upward trend in landings is evident in all LFAs (see section 7.2.1).

Given the long-term upward trend in landings with the 2017 value almost 5 times higher than the LRP, it is concluded that requirements for SGs 60, 80 and 100 are met, even in the absence of an analytical assessment. Stock status in relation to achievement of Maximum Sustainable Yield (MSY) The stock is at or fluctuating There is a high degree of around a level consistent with certainty that the stock has b Guide MSY. been fluctuating around a level post consistent with MSY or has been above this level over recent years. Met? Yes Yes

The stock is at a level which maintains high productivity and has a low probability of recruitment PI 1.1.1 overfishing Rationale There is a high degree of certainty that the stock has been fluctuating around a level consistent with MSY or has been above this level over recent years.

This scoring issue is considered in the context of:

SA2.2.7: As ecosystem productivity may change from time to time as marine environments change naturally, for instance under conditions of regime shift, the team shall verify that reference points are consistent with ecosystem productivity.

Increased population egg production associated with size-limit increases since 1997 (see PI 1.2.1 SIa rationale) likely contributed to recent high landings as well but to an unknown extent. However, keeping the stock fluctuating around MSY as currently defined is probably beyond the capacity of any management regime that may have to deal with declining recruitment due to environmental/ecological regime shift leading to unfavourable conditions (see SIb rationale above).

Although the very high landings of the recent past are not included in the reference period on which the BMSY proxy is based (see SIa rationale above), it does include a lengthy period with landings well above most of the historical time series (see section 7.2.1). It is considered, therefore, that the reference points are consistent with current ecosystem productivity.

Given the long-term upward trend in landings with the 2017 value more than double the USR (see SIa rationale above), it is concluded that requirements for SGs 80 and 100 are met, even in the absence of an analytical assessment. References DFO. 2014a. Reference point options for the southern Gulf of St. Lawrence lobster stock (Lobster Fishing Areas 23, 24, 25, 26A, 26B). DFO Can. Sci. Advis. Sec. Sci. Resp. 2014/027.

DFO. 2019C. Update of the stock status indicators of the American lobster (Homarus americanus) stock of the southern Gulf of St. Lawrence to 2018. DFO Can. Sci. Advis. Sec. Sci. Resp. 2019/008.

Rondeau, A., Comeau, M., and Surette, T. 2015. Assessment of the American Lobster (Homarus americanus) Stock Status in the Southern Gulf of St. Lawrence (LFA 23, 24, 25, 26A and 26B). DFO Can. Sci. Advis. Sec. Res. Doc. 2014/036. xii + 92 p. Stock status relative to reference points Type of reference point Value of reference point Current stock status relative to

reference point Reference point 40% landings-based BMSY proxy. 6,899 t 32,524 t used in scoring stock relative to PRI (SIa) Reference point 80% landings-based BMSY proxy. 13,798 t 32,524 t used in scoring stock relative to MSY (SIb) Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Draft scoring range Applicable SGs/elements likely met

The stock is at a level which maintains high productivity and has a low probability of recruitment PI 1.1.1 overfishing Likely overall PI SG60 SG80 SG100 score 1 of 1 2of 2 2 of 2 ≥80

Information gap indicator Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

UoA 3 – Eastern Nova Scotia The stock is at a level which maintains high productivity and has a low probability of recruitment PI 1.1.1 overfishing Scoring Issue SG 60 SG 80 SG 100

Met? Yes Yes Yes

Rationale There is a high degree of certainty that the stock is above the PRI.

There are no biomass estimates for lobsters in LFAs 27-33. Reference points based on landings as a BMSY proxy have been developed as part of a PA framework for the fishery. These are evaluated below in the context of:

SA2.2.3.1: Where proxy indicators and reference points are used to score PI 1.1.1, the team shall justify their use as reasonable proxies of stock biomass for the PRI and/or MSY.

Although estimates are quite variable between LFAs and include a high degree of uncertainty, they indicate that exploitation rates of 70 to 80% are likely the norm. Landings, therefore, represent a high proportion of the commercial biomass available in a given year and they are highly dependent on annual recruitment to this fished portion of the population. Landings also reflect SSB, given minimum legal sizes at or above L50 and protection of egg bearing females. It is considered that landings are a reasonable proxy of stock biomass.

A BMSY proxy was estimated as the median of landings over the 25-year period from 1985-2009. This represents a productive period but also includes years when landings were substantially lower than at present. For the USR and LRP, values of 80% and 40% of the BMSY proxy were used. Where there were observations of lower landings from 1985-2009 from which the fishery recovered, the lowest point of a 3-year running average was proposed as the LRP. USR and LRP values for each LFA are provided in section 7.2.1.

The stock is at a level which maintains high productivity and has a low probability of recruitment PI 1.1.1 overfishing

It is unknown whether LRPs as defined are actually limits below which serious harm would occur to the stock but, landings have recovered from lows at or below those levels over the historical time series, particularly during the 1970s. Based on historical trends, landings increased to record high values after the 1970s. That increase, which occurred over the entire geographical range of the species, is most likely due to favourable ecosystem conditions that occurred beginning in the late 1960s and 1970s.

Landings have been trending upwards in all LFAs since the early 2000s with record high values achieved and recent landings very high relative to long-term means. As of the latest stock status update in February 2018, preliminary values for 2017 were 4,404 t, 4,352 t and 8,017 t in LFAs 27, 28-32 and 33, respectively.

Given the long-term upward trend in landings with the 2017 value more than 4 times higher than the LRP in LFA 27 and from 8- 10 times higher in LFAs 28-33, it is concluded that requirements for SGs 60, 80 and 100 are met, even in the absence of an analytical assessment. Stock status in relation to achievement of Maximum Sustainable Yield (MSY) The stock is at or fluctuating There is a high degree of around a level consistent with certainty that the stock has b Guide MSY. been fluctuating around a level post consistent with MSY or has been above this level over recent years. Met? Yes Yes

Rationale There is a high degree of certainty that the stock has been fluctuating around a level consistent with MSY or has been above this level over recent years.

This scoring issue is considered in the context of: SA2.2.7: As ecosystem productivity may change from time to time as marine environments change naturally, for instance under conditions of regime shift, the team shall verify that reference points are consistent with ecosystem productivity.

Given the long-term upward trend in landings with 2017 values more than double the USR in LFA 27 and 4-5 times higher in LFAs 28-33 (see SIa rationale above, it is concluded that requirements for SGs 80 and 100 are met, even in the absence of an analytical assessment. References DFO 2011. Inshore Lobster Integrated Fishery Management Plan Lobster Fishing Areas 27 – 38. Scotia-Fundy Sector - Maritimes Region – 2011.

The stock is at a level which maintains high productivity and has a low probability of recruitment PI 1.1.1 overfishing DFO. 2012. Reference Points Consistent with the Precautionary Approach for a Variety of Stocks in the Maritimes Region. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2012/035.

DFO. 2018b. Stock Status Update of American Lobster (Homarus americanus) in Lobster Fishing Areas (LFAs) 27-33. DFO Can. Sci. Advis. Sec. Sci. Resp. 2018/030.

Tremblay, M.J., Pezzack, D.S., and Gaudette, J. 2012b. Development of Reference Points for inshore Lobster in the Maritimes Region (LFAs 27-38). DFO Can. Sci. Advis. Sec. Res. Doc. 2012/028. iv + 18 p. Stock status relative to reference points Type of reference point Value of reference point Current stock status relative to

reference point Reference point 40% landings-based BMSY proxy LFA 27 – 814 t LFA 27 – 4,404 t used in scoring or lowest level of the reference LFAs 28-29 – 57 t LFAs 28-32 – 4,352 t stock relative to PRI period. LFA 30 – 40 t LFA 33 – 8,017 t (SIa) LFA 31 – 125 t LFA 32 – 121 t LFA 33 – 919 t Reference point 80% landings-based BMSY proxy. LFA 27 – 1,629 t LFA 27 – 4,404 t used in scoring LFAs 28-29 – 120 t LFAs 28-32 – 4,352 t stock relative to LFA 30 – 79 t LFA 33 – 8,017 t MSY (SIb) LFA 31 – 250 t LFA 32 – 242 t LFA 33 – 1,838 t Draft scoring range and information gap indicator added at Announcement Comment Draft Report Applicable SGs likely met per individual scoring Likely scoring Individual scoring elements element element scores SG60 SG80 SG100

1 Scoring element 1 – LFA 27 1 of 1 2 of 2 2 of 2 ≥80

2 Scoring element 2 – LFAs 28-32 1 of 1 2 of 2 2 of 2 ≥80

3 Scoring element 3 – LFA 33 1 of 1 2 of 2 2 of 2 ≥80

Applicable SGs/elements likely met Likely overall PI Draft scoring range SG60 SG80 SG100 score

1 of 1 2 of 2 2 of 2 ≥80

Information gap indicator Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Applicable SGs met per individual scoring element Scoring element Individual scoring elements SG60 SG80 SG100 scores

1 Scoring element 1 X of x X of x X of x

2 Scoring element 2 X of x X of x X of x

The stock is at a level which maintains high productivity and has a low probability of recruitment PI 1.1.1 overfishing 3 Scoring element 3 X of x X of x X of x

4 Scoring element 4 X of x X of x X of x

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

UoA 4 – Southwest Nova Scotia Nova Scotia The stock is at a level which maintains high productivity and has a low probability of recruitment PI 1.1.1 overfishing Scoring Issue SG 60 SG 80 SG 100

Met? Yes Yes Yes

Rationale There is a high degree of certainty that the stock is above the PRI.

There are no biomass estimates for lobsters in LFA 34. Reference points based on landings as a BMSY proxy have been developed as part of a PA framework for the fishery along with two secondary indicators based on commercial catch rates and density in an Inshore Lobster trawl Survey (see section 7.2.1).

These are evaluated below in the context of: SA2.2.3.1: Where proxy indicators and reference points are used to score PI 1.1.1, the team shall justify their use as reasonable proxies of stock biomass for the PRI and/or MSY.

Most of the distribution of lobsters is fished to varying degrees of intensity by harvesters from coastal communities throughout southwestern Nova Scotia and during the fishing season there is a very high degree of overlap between fishing gear and the resource. Although estimates are variable and include a high degree of uncertainty, they indicate that exploitation rates of 70 to 80% are likely the norm. Landings, therefore, represent a high proportion of the commercial biomass available in a given year and they are highly dependent on annual recruitment to this fished portion of the population. Landings also reflect SSB, given minimum legal sizes and protection of egg bearing females. It is considered that landings are a reasonable proxy of stock biomass.

A BMSY proxy was estimated as the median of landings over the 25-year period from 1985-2009. This represents a productive period but also includes years when landings were substantially lower than at present. For the USR and LRP, values of 80% and 40% of the BMSY proxy were used. For LFA 34, the USR is calculated to be 8,867 t. The metric for assessing where the stock is relative to the reference points is the 3-year running average of landings.

It is unknown whether LRP as defined is actually a limit below which serious harm would occur to the stock but, landings have recovered from lows at or below those levels over the historical time series. Based on historical trends, landings increased to record high values after the 1970s. That increase, which occurred over the entire geographical range of the species, is most likely due to favourable environmental/ecological conditions that occurred beginning in the late 1960s and 1970s.

The stock is at a level which maintains high productivity and has a low probability of recruitment PI 1.1.1 overfishing

Landings have been trending upwards in LFA 34 since the late-1970s. Landings in 2015-16 were 29,151 t, the highest on record. A 3-year running mean of the index is used to compare to the USR. As of the latest stock status update in June 2018, for the season ending 2016-17 this index was 25,325 t. The two secondary indicators were also similarly high relative to their respective USRs (see section 7.2.1).

Given the long-term upward trend in landings in LFA 34 and the recent landings index almost 6 times higher than the LRP, it is concluded that requirements for SGs 60, 80 and 100 are met, even in the absence of an analytical assessment. Stock status in relation to achievement of Maximum Sustainable Yield (MSY) The stock is at or fluctuating There is a high degree of around a level consistent with certainty that the stock has b Guide MSY. been fluctuating around a level post consistent with MSY or has been above this level over recent years. Met? Yes Yes

Rationale There is a high degree of certainty that the stock has been fluctuating around a level consistent with MSY or has been above this level over recent years.

Patterns of historical landings throughout the range of the species indicate environmental/ecological factors drive recruitment to a very large degree. For lobsters of southwestern Nova Scotia, it can be said that the current very high landings are due to high recruitment associated with a long period of very favourable conditions. However, mechanisms linking the two are not well understood and there is no definitive relationship between any environmental or ecological index and recruitment that provides a basis for forecasting.

Given the long-term upward trend in landings in LFA 34 and the recent landings index nearly 3 times higher than the USR (see SIa rationale above), it is concluded that requirements for SGs 80 and 100 are met, even in the absence of an analytical assessment. References DFO 2011. Inshore Lobster Integrated Fishery Management Plan Lobster Fishing Areas 27 – 38. Scotia-Fundy Sector - Maritimes Region – 2011.

DFO. 2012. Reference Points Consistent with the Precautionary Approach for a Variety of Stocks in the Maritimes Region. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2012/035.

The stock is at a level which maintains high productivity and has a low probability of recruitment PI 1.1.1 overfishing DFO. 2013a. Assessment of Lobster (Homarus americanus) in Lobster Fishing Area (LFA) 34. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2013/024.

DFO. 2018c. Stock Status Update of American Lobster (Homarus americanus) in Lobster Fishing Area 34. DFO Can. Sci. Advis. Sec. Sci. Resp. 2018/044.

reference point Reference point 40% landings-based BMSY proxy 4,434 t 25,325 t used in scoring or lowest level of the reference stock relative to PRI period. (SIa) Reference point 80% landings-based BMSY proxy. 8,867 t 25,325 t used in scoring stock relative to MSY (SIb) Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Applicable SGs/elements likely met Likely overall PI Draft scoring range SG60 SG80 SG100 score

1 of 1 2 of 2 2 of 2 ≥80

Information gap indicator Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

UoA 5 – Bay of Fundy The stock is at a level which maintains high productivity and has a low probability of recruitment PI 1.1.1 overfishing Scoring Issue SG 60 SG 80 SG 100

Met? Yes Yes Yes

The stock is at a level which maintains high productivity and has a low probability of recruitment PI 1.1.1 overfishing Rationale There is a high degree of certainty that the stock is above the PRI.

There are no biomass estimates for lobsters in LFAs 35-38. Reference points based on landings as a BMSY proxy have been developed as part of a PA framework for the fishery along with two secondary indicators based on commercial catch rates and density in an Inshore Lobster trawl Survey (see section 7.2.1).

Most of the distribution of lobsters is fished to varying degrees of intensity by harvesters from coastal communities throughout the Bay of Fundy and during the fishing season there is a very high degree of overlap between fishing gear and the resource. Although estimates are quite variable between LFAs and include a high degree of uncertainty, they indicate that exploitation rates of 70 to 80% are likely the norm. Landings, therefore, represent a high proportion of the commercial biomass available in a given year and they are highly dependent on annual recruitment to this fished portion of the population. Landings also reflect SSB, given minimum legal sizes and protection of egg bearing females. It is considered that landings are a reasonable proxy of stock biomass.

A BMSY proxy was estimated as the median of landings over the 25-year period from 1985-2009. This represents a productive period but also includes years when landings were substantially lower than at present. For the USR and LRP, values of 80% and 40% of the BMSY proxy were used. For assessment purposes, landings reference points are evaluated for the Bay of Fundy as a whole. The USR for LFAs 35-38 as a whole is 1,575 t and the LRP is 788 t. The mean of the last 3 years is taken as the metric to assess whether landings have dropped below the USR.

There has been an upward trend in landings for the past 20 years in all three LFAs (LFA 37 is shared between 36 and 38). As of the latest stock status update in September 2018, the 2015-2016 landings are the highest on record for the Bay of Fundy at 12,873 t (Fig. 2). The 3-year running mean of landings for the season ending 2016-17 was 12,178 t, well above the USR. The two secondary indicators were also similarly high relative to their respective USRs (see section 7.2.1).

Given the long-term upward trend in landings in LFAs 35-38 and the recent landings index more than 15 times higher than the LRP, it is concluded that requirements for SGs 60, 80 and 100 are met, even in the absence of an analytical assessment. Stock status in relation to achievement of Maximum Sustainable Yield (MSY) The stock is at or fluctuating There is a high degree of around a level consistent with certainty that the stock has b Guide MSY. been fluctuating around a level post consistent with MSY or has been above this level over recent years. Met? Yes Yes

Rationale There is a high degree of certainty that the stock has been fluctuating around a level consistent with MSY or has been above this level over recent years.

This scoring issue is considered in the context of:

The stock is at a level which maintains high productivity and has a low probability of recruitment PI 1.1.1 overfishing SA2.2.7: As ecosystem productivity may change from time to time as marine environments change naturally, for instance under conditions of regime shift, the team shall verify that reference points are consistent with ecosystem productivity.

Patterns of historical landings throughout the range of the species indicate environmental/ecological factors drive recruitment to a very large degree. For lobsters of the Bay of Fundy, it can be said that the current very high landings are due to high recruitment associated with a long period of very favourable conditions. However, mechanisms linking the two are not well understood and there is no definitive relationship between any environmental or ecological index and recruitment that provides a basis for forecasting.

Given the long-term upward trend in landings in LFAs 35-38 and the recent landings index nearly 8 times higher than the USR (see SIa rationale above), it is concluded that requirements for SGs 80 and 100 are met, even in the absence of an analytical assessment. References DFO 2011. Inshore Lobster Integrated Fishery Management Plan Lobster Fishing Areas 27 – 38. Scotia-Fundy Sector - Maritimes Region – 2011.

DFO. 2012. Reference Points Consistent with the Precautionary Approach for a Variety of Stocks in the Maritimes Region. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2012/035.

DFO. 2013b. Assessment of Lobster (Homarus americanus) in Lobster Fishing Areas (LFA) 35-38. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2013/023.

DFO. 2019d. Stock Status Update of American Lobster (Homarus americanus) in Lobster Fishing Areas 35-38. DFO Can. Sci. Advis. Sec. Sci. Resp. 2018/049.

reference point Reference point 40% landings-based BMSY proxy 788 t 12,178 t used in scoring or lowest level of the reference stock relative to PRI period. (SIa) Reference point 80% landings-based BMSY proxy. 1,575 t 12,178 t used in scoring stock relative to MSY (SIb) Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Draft scoring range Applicable SGs/elements likely met

The stock is at a level which maintains high productivity and has a low probability of recruitment PI 1.1.1 overfishing Likely overall PI SG60 SG80 SG100 score 1 of 1 2 of 2 2 of 2 ≥80

Information gap indicator Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 1.1.2 – Stock rebuilding All UoAs PI 1.1.2 Where the stock is reduced, there is evidence of stock rebuilding within a specified timeframe

Scoring Issue SG 60 SG 80 SG 100

Rebuilding timeframes A rebuilding timeframe is The shortest practicable specified for the stock that is the rebuilding timeframe is shorter of 20 years or 2 times its specified which does not a Guide generation time. For cases where exceed one generation time for post 2 generations is less than 5 years, the stock. the rebuilding timeframe is up to 5 years.

Met? Yes / No Yes / No

Rationale

Lobster stocks in all UoAs are currently well above the upper stock reference points and PI 1.1.2 is not evaluated.

Rebuilding evaluation Monitoring is in place to There is evidence that the There is strong evidence that determine whether the rebuilding strategies are the rebuilding strategies are rebuilding strategies are effective rebuilding stocks, or it is likely rebuilding stocks, or it is highly b Guide in rebuilding the stock within the based on simulation modelling, likely based on simulation post specified timeframe. exploitation rates or previous modelling, exploitation rates or performance that they will be previous performance that they able to rebuild the stock within will be able to rebuild the stock the specified timeframe. within the specified timeframe.

Met? Yes / No Yes / No Yes / No

Rationale

Lobster stocks in all UoAs are currently well above the upper stock reference points and PI 1.1.2 is not evaluated.

References DFO. 2018b. Stock Status Update of American Lobster (Homarus americanus) in Lobster Fishing Areas (LFAs) 27-33. DFO Can. Sci. Advis. Sec. Sci. Resp. 2018/030.

DFO. 2018c. Stock Status Update of American Lobster (Homarus americanus) in Lobster Fishing Area 34. DFO Can. Sci. Advis. Sec. Sci. Resp. 2018/044.

DFO. 2019C. Update of the stock status indicators of the American lobster (Homarus americanus) stock of the southern Gulf of St. Lawrence to 2018. DFO Can. Sci. Advis. Sec. Sci. Resp. 2019/008.

DFO. 2019d. Stock Status Update of American Lobster (Homarus americanus) in Lobster Fishing Areas 35-38. DFO Can. Sci. Advis. Sec. Sci. Resp. 2018/049. Draft scoring range and information gap indicator added at Announcement Comment Draft Report Applicable SGs likely met per individual scoring Likely scoring Individual scoring elements element element scores

PI 1.1.2 Where the stock is reduced, there is evidence of stock rebuilding within a specified timeframe (add rows as required; delete if not SG60 SG80 SG100 scoring by elements) 1 Scoring element 1 X of x X of x X of x

2 Scoring element 2 X of x X of x X of x

3 Scoring element 3 X of x X of x X of x

4 Scoring element 4 X of x X of x X of x

Applicable SGs/elements likely met Likely overall PI score Draft scoring range SG60 SG80 SG100 <60/60 – X of x X of x X of x 79/≥80 Information gap indicator More information sought/Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report Individual scoring elements Applicable SGs met per individual scoring element Scoring element (add rows as required; delete if not scores scoring by elements) SG60 SG80 SG100 1 Scoring element 1 X of x X of x X of x

2 Scoring element 2 X of x X of x X of x

3 Scoring element 3 X of x X of x X of x

4 Scoring element 4 X of x X of x X of x

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 1.2.1 – Harvest strategy UoAs 1 and 2 – SGSL PEI and NB-NS PI 1.2.1 There is a robust and precautionary harvest strategy in place

Scoring Issue SG 60 SG 80 SG 100

Harvest strategy design The harvest strategy is expected The harvest strategy is The harvest strategy is to achieve stock management responsive to the state of the responsive to the state of the objectives reflected in PI 1.1.1 stock and the elements of the stock and is designed to achieve a Guide SG80. harvest strategy work together stock management objectives post towards achieving stock reflected in PI 1.1.1 SG80. management objectives reflected in PI 1.1.1 SG80. Met? Yes Yes No

Rationale The harvest strategy is responsive to the state of the stock and the elements of the harvest strategy work together towards achieving stock management objectives reflected in PI 1.1.1 SG80.

Concerns regarding the potential for recruitment failure due to low levels of egg production were raised during a comprehensive review of lobster fishery management in Atlantic Canada (Anon 1995) and measures aimed at addressing the concern were introduced over subsequent years. A multiyear integrated management plan was implemented in 1999 with long-term objectives to ensure the continued sustainability of the fishery by implementing a precautionary approach to conservation of the sGSL lobster resource.

The minimum legal size has been increased stepwise since 1997 in all LFAs. It has been increased from 1996 to 2018 as follows: in LFA 23 from 66.7 mm to 77 mm; in LFA 24 from 63.5 mm to 73 mm; in LFA 25 from 66.7 mm to 77 mm; in LFA 26 from 65.1 mm to 73 mm in 26A-1 (and to 74 mm in 2020), to 82.5 mm in 26B North and to 81.7 mm in 26B South (and to 82.5 mm in 2019). A “window size” was implemented in 2003 for LFAs 23 and 26A requiring release of all female lobsters from 115 to 129 mm CL. In LFAs 24 and 25, a maximum size limit requiring release of all female lobsters of 115 mm CL and greater from 2003.

Subsequent to a further review of lobster fishery management in 2007 (Anon 2077), ongoing initiatives to reduce fishing effort have resulted in fewer licenses and lower trap limits throughout the fishery.

A precautionary approach framework with harvest decision rules was approved and implemented in 2018. It requires fishing effort reduction proportional to landings decline should they drop below the USR into the “Cautious” zone. The management system has not yet been required to respond to such a decline and there has been no demonstration of the effectiveness of effort reduction in terms of lowering the exploitation rate on the resource and keeping the stock fluctuating around MSY. Nevertheless, the magnitude of the effort reduction that would be required should the stock approach the LRP would almost certainly lower the exploitation rate in that case.

Patterns of historical landings throughout the range of the species indicate environmental/ecological factors drive recruitment to a very large degree. For the sGSL lobster stock, it can be said that the current very high landings are due to high recruitment associated with a long period of very favourable conditions, although increased population egg production associated with size- limit increases since 1997 likely contributed. However, keeping the stock fluctuating around MSY as currently defined is probably beyond the capacity of any management regime that may have to deal with declining recruitment due to environmental/ecological regime shift leading to unfavourable conditions (see PI 1.1.1 SIb rationale above).

While the harvest strategy is responsive to the state of the stock and its elements work together towards achieving stock management objectives reflected in PI 1.1.1 SG80, thus meeting SGs 60 and 80, it cannot be said that it is designed to achieve those objectives, therefore, SG100 is not met. b Harvest strategy evaluation

PI 1.2.1 There is a robust and precautionary harvest strategy in place The harvest strategy is likely to The harvest strategy may not The performance of the harvest work based on prior experience have been fully tested but strategy has been fully or plausible argument. evidence exists that it is achieving evaluated and evidence exists to Guide its objectives. show that it is achieving its post objectives including being clearly able to maintain stocks at target levels.

Met? Yes Yes No

Rationale The harvest strategy may not have been fully tested but evidence exists that it is achieving its objectives.

Management of the fishery has included a series of input (effort) and output (catch) controls for a very long time. These controls were enhanced appreciably following FRCC reviews (see SIa rationale above). The harvest strategy clearly promotes sustainable utilization of the SGSL lobster resource. Landings have increased in recent years to record high levels but, the extent to which much improved conservation measures have contributed is unknown. Nevertheless, the evidence indicates that the harvest strategy is achieving its objectives, thus, requirements for SGs 60 and 80 are met.

While a new precautionary approach framework has been implemented, the management system has not yet been required to respond to a decline below the USR. It cannot be said that performance of the harvest strategy has been fully evaluated or that it can maintain the stock at the target level, therefore, SG100 is not met. Harvest strategy monitoring Monitoring is in place that is c Guide expected to determine whether post the harvest strategy is working.

Met? Yes

Rationale Monitoring is in place that is expected to determine whether the harvest strategy is working.

In addition to MCS activities to ensure compliance with management measures, the stock is monitored by way of indicators of abundance, fishing pressure and production derived from fishery-dependent and fishery-independent data. The fishery- dependent data include official catch statistics, at-sea sampling activities and a voluntary recruitment-index program. The fishery-independent data consist of a trawl survey conducted in LFA 25 and part of 26A, a SCUBA survey conducted in LFAs 25 and 26A and deployment of bio-collectors in LFAs 24, 25 and 26A.

Analyses of trends in these indicators are updated annually to provide information on stock status and hence on the performance of the harvest strategy.

Monitoring is in place to determine whether the harvest strategy is working, therefore, SG60 is met Harvest strategy review The harvest strategy is d Guide periodically reviewed and post improved as necessary. Met? Yes

Rationale

PI 1.2.1 There is a robust and precautionary harvest strategy in place The harvest strategy is periodically reviewed and improved as necessary.

Harvest strategies for lobster fisheries across Atlantic Canada were developed following the FRCC’s “A conservation framework for Atlantic Lobster” in 1995 and “Sustainability Framework for Atlantic Lobster” in 2007. The current IFMP for the sGSL fishery builds on an earlier version and is an “evergreen” document that is amended as required. The IFMP includes a performance review section which outlines the activities and controls that are used in achieving fisheries management objectives. The harvest strategy is essentially reviewed annually through the stock assessment process which involves stakeholder representatives and through consultations with industry stakeholder groups in formal advisory committee meetings. This process reviews stock status in relation to the harvest strategy and considers/recommends appropriate adjustments, therefore, SG100 is met. Shark finning It is likely that shark finning is not It is highly likely that shark There is a high degree of e Guide taking place. finning is not taking place. certainty that shark finning is not post taking place. Met? NA NA NA

Rationale

The target species is not a shark therefore SIe is not scored.

Review of alternative measures There has been a review of the There is a regular review of the There is a biennial review of the potential effectiveness and potential effectiveness and potential effectiveness and practicality of alternative practicality of alternative practicality of alternative f Guide measures to minimise UoA- measures to minimise UoA- measures to minimise UoA- post related mortality of unwanted related mortality of unwanted related mortality of unwanted catch of the target stock. catch of the target stock and they catch of the target stock, and are implemented as appropriate. they are implemented, as appropriate. Met? Yes Yes No

Rationale There is a regular review of the potential effectiveness and practicality of alternative measures to minimise UoA-related mortality of unwanted catch of the target stock and they are implemented as appropriate.

Management measures protecting undersize lobsters and egg-bearing females have been in place over the long history of this fishery. Use of rectangular escape vents is required to allow escapement of undersize lobsters, there are restrictions on entrance ring size to prevent catching very large lobsters, and there is mandatory use of biodegradable panels to prevent ghost fishing by lost traps. Undersize, females within a size window and above a maximum size and all egg-bearing females must be released immediately after capture and handling/release practices in the fishery must ensure high post-release survival. Various measures have been introduced over time indicating there has been ongoing review of the potential effectiveness and practicality of alternative measures to minimize mortality of unwanted catch of the target stock, therefore, SG60 is met. The lobster fishery is a live-market industry which requires that the species be robust and highly resilient to handling. Undersize and berried females must be released immediately after capture and handling/release practices in the fishery must ensure high post-release survival. Much of the unwanted catch is of commercial size, for example, berried and v-notched females. It is impossible to ensure escapement of all unwanted catch. Management measures attempt to reduce unwanted catch to the fullest extent that is practical without unduly reducing retention of legal catch over the course of the annual fishing season with due consideration of all relevant factors for individual LFAs. An annual post-season review is conducted for each LFA to evaluate the effectiveness of management measures. This is followed by a regional Lobster Advisory Committee meeting at which new measures can be proposed and discussed. This

PI 1.2.1 There is a robust and precautionary harvest strategy in place constitutes regular review of any alternative measures to minimise UoA-related mortality of unwanted catch of the target stock for implementation as considered appropriate. Therefore, SG 80 is met.

References DFO. 2014a. Reference point options for the southern Gulf of St. Lawrence lobster stock (Lobster Fishing Areas 23, 24, 25, 26A, 26B). DFO Can. Sci. Advis. Sec. Sci. Resp. 2014/027.

DFO. 2014b. Lobster in the Southern Gulf of St. Lawrence. Integrated Fisheries Management Plan, March 2014. Available at:

DFO 2018a. Precautionary Approach Harvest Decision Rules for the lobster fishery in the Southern Gulf of St Lawrence – Lobster Fishing Areas 23, 24, 25, 26A and 26B. Notice to Fish Harvesters – June 20, 2018.

FRCC (Fisheries Resource Conservation Council) 1995. A conservation framework for Atlantic lobster. Report to the Minister of Fisheries and Oceans. November 1995. 49 p. + appendices.

FRCC (Fisheries Resource Conservation Council) 2007. Sustainability framework for Atlantic lobster. Report to the Minister of Fisheries and Oceans. July 2007. 54 p. + appendices.

M. Comeau, J.M. Hanson, A. Rondeau, M. Mallet, and J. Chassé 2008. Framework and Assessment for American Lobster, Homarus americanus, Fisheries in the Southern Gulf of St. Lawrence: LFA 23, 24, 25, 26A and 26B. DFO Can. Sci. Advis. Sec. Res. Doc. 2008/054.

Rondeau, A., Comeau, M., and Surette, T. 2015. Assessment of the American Lobster (Homarus americanus) Stock Status in the Southern Gulf of St. Lawrence (LFA 23, 24, 25, 26A and 26B). DFO Can. Sci. Advis. Sec. Res. Doc. 2014/036. xii + 92 p. Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Applicable SGs/elements likely met Likely overall PI Draft scoring range SG60 SG80 SG100 score

4 of 4 3 of 3 1 of 4 ≥80

Information gap indicator Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

UoAs 3, 4 and 5 – Scotian Shelf and Bay of Fundy PI 1.2.1 There is a robust and precautionary harvest strategy in place

Scoring Issue SG 60 SG 80 SG 100

Rationale The harvest strategy is responsive to the state of the stock and the elements of the harvest strategy work together towards achieving stock management objectives reflected in PI 1.1.1 SG80.

Concerns regarding the potential for recruitment failure due to low levels of egg production were raised during a comprehensive review of lobster fishery management in Atlantic Canada (Anon 1995) and measures aimed at addressing the concern were introduced over subsequent years. New management plans were implemented throughout the fishery with long-term objectives to ensure the continued sustainability of the fishery by implementing a precautionary approach to conservation of the lobster resource.

In the eastern Nova Scotia fishery, the minimum legal size has been increased since 1997 in all LFAs as follows: in LFA 27 from 70 mm CL to 82.5 mm; in LFAs 28-29 from 81 to 84 mm; and in LFAs 30-33 from 81 mm to 82.5 mm. In LFAs 34-38, the MLS has been increased from 81 mm to 82.5 mm. Other measures aimed at increasing population egg production have been implemented as well: a maximum size limit of 135 mm CL in LFA 30; a closed window that prohibits retention of 114-124 mm CL lobsters in LFA 31A; practice of V-notching and release of 110 lbs of mature females/licence in LFAs 31B and 32 and practice of V-notching in LFAs 34-38.

A precautionary approach that includes reference points has been introduced. Harvest control rules have been proposed and are presently being considered in stakeholder consultations. The current IFMP became effective in 2011. It committed to a full PA framework with harvest decision rules to reduce the removal rate if landings decline below the USR. As yet, however, the management system has not been required to respond to a resource decline by lowering the exploitation rate and, there has been no demonstration of its capacity to do so or to keep the stock fluctuating around MSY.

Patterns of historical landings throughout the range of the species indicate environmental/ecological factors drive recruitment to a very large degree. For lobsters of eastern and southwestern Nova Scotia and the Bay of Fundy, it can be said that the current very high landings are due to high recruitment associated with a long period of very favourable conditions, although increased population egg production associated with size-limit increases and other measures since 1997 likely contributed. However, keeping the stock fluctuating around MSY as currently defined is probably beyond the capacity of any management regime that may have to deal with declining recruitment due to environmental/ecological regime shift leading to unfavourable conditions (see PI 1.1.1 SIb rationale above).

PI 1.2.1 There is a robust and precautionary harvest strategy in place

Harvest strategy evaluation The harvest strategy is likely to The harvest strategy may not The performance of the harvest work based on prior experience have been fully tested but strategy has been fully or plausible argument. evidence exists that it is achieving evaluated and evidence exists to b Guide its objectives. show that it is achieving its post objectives including being clearly able to maintain stocks at target levels.

Met? Yes Yes No

Rationale The harvest strategy may not have been fully tested but evidence exists that it is achieving its objectives.

Management of the fishery has included a series of input (effort) and output (catch) controls for a very long time. These controls were enhanced appreciably following FRCC reviews (see SIa rationale above). The harvest strategy clearly promotes sustainable utilization of the lobster resource. Landings have increased in recent years to record high levels but, the extent to which much improved conservation measures have contributed is unknown. Nevertheless, the evidence indicates that the harvest strategy is achieving its objectives, thus, requirements for SGs 60 and 80 are met.

A full precautionary approach framework with harvest decision rules is under consideration by stakeholders but has not been implemented. The management system has not yet been required to respond to a decline below the USR by reducing the exploitation rate. It cannot be said that performance of the harvest strategy has been fully evaluated or that it can maintain the stock at the target level, therefore, SG100 is not met. Harvest strategy monitoring Monitoring is in place that is c Guide expected to determine whether post the harvest strategy is working.

Met? Yes

Rationale Monitoring is in place that is expected to determine whether the harvest strategy is working.

In addition to MCS activities to ensure compliance with management measures, the stock is monitored by way of indicators of abundance, fishing pressure and production derived from fishery-dependent and fishery-independent data. These include data on catch and effort from the fishery, including mandatory and voluntary logbooks, from port and at-sea sampling of commercial catches, from standard traps maintained by Fishermen and Scientist Research Society (FSRS) study participants, from an Inshore Lobster Trawl Survey in LFAs 34-38 and from sampling newly settled lobsters (young-of-year) in coastal waters of Nova Scotia and the Bay of Fundy.

Analyses of trends in these indicators are updated annually to provide information on stock status and hence on the performance of the harvest strategy. Monitoring is in place to determine whether the harvest strategy is working, therefore, SG60 is met Harvest strategy review The harvest strategy is d Guide periodically reviewed and post improved as necessary. Met? Yes

PI 1.2.1 There is a robust and precautionary harvest strategy in place

Rationale The harvest strategy is periodically reviewed and improved as necessary.

Harvest strategies for lobster fisheries across Atlantic Canada were developed following the FRCC’s “A conservation framework for Atlantic Lobster” in 1995 and “Sustainability Framework for Atlantic Lobster” in 2007. The current IFMP for the LFAs 27-38 fishery is an “evergreen” document that is amended as required. The IFMP includes a performance review section which outlines the activities and controls that are used in achieving fisheries management objectives. The harvest strategy is essentially reviewed annually through the stock assessment process which involves stakeholder representatives and through consultations with industry stakeholder groups in formal advisory committee meetings. This process reviews stock status in relation to the harvest strategy and considers/recommends appropriate adjustments, therefore, SG100 is met. Shark finning It is likely that shark finning is not It is highly likely that shark There is a high degree of e Guide taking place. finning is not taking place. certainty that shark finning is not post taking place. Met? NA NA NA

Rationale

The target species is not a shark therefore SIe is not scored.

Review of alternative measures There is a regular review of the There is a biennial review of the There has been a review of the potential effectiveness and potential effectiveness and potential effectiveness and practicality of alternative practicality of alternative practicality of alternative measures to minimise UoA- Guide measures to minimise UoA- f measures to minimise UoA- related mortality of unwanted post related mortality of unwanted related mortality of unwanted catch of the target stock and they catch of the target stock, and catch of the target stock. are implemented as appropriate. they are implemented, as

appropriate.

Met? Yes Yes No

Management measures protecting undersize lobsters and egg-bearing females have been in place over the long history of this fishery. Use of rectangular or circular escape vents is required to allow escapement of undersize lobsters, there are restrictions on entrance ring size to prevent catching very large lobsters, and there is mandatory use of biodegradable panels to prevent ghost fishing by lost traps. Undersize, females within a size window and above a maximum size and all egg-bearing females must be released immediately after capture and handling/release practices in the fishery must ensure high post-release survival. Various measures have been introduced over time indicating there has been ongoing review of the potential effectiveness and practicality of alternative measures to minimize mortality of unwanted catch of the target stock, therefore, SG60 is met. The lobster fishery is a live-market industry which requires that the species be robust and highly resilient to handling. Undersize and berried females must be released immediately after capture and handling/release practices in the fishery must ensure high post-release survival. Much of the unwanted catch is of commercial size, for example, berried and v-notched females. It is impossible to ensure escapement of all unwanted catch. Management measures attempt to reduce unwanted catch to the fullest extent that is practical without unduly reducing retention of legal catch over the course of the annual fishing season, with due consideration of all relevant factors for individual LFAs.

PI 1.2.1 There is a robust and precautionary harvest strategy in place An annual post-season review is conducted for each LFA to evaluate the effectiveness of management measures. This is followed by a regional Lobster Advisory Committee meeting at which new measures can be proposed and discussed. This constitutes regular review of any alternative measures to minimise UoA-related mortality of unwanted catch of the target stock for implementation as considered appropriate. Therefore, SG 80 is met.

References DFO 2011. Inshore Lobster Integrated Fishery Management Plan Lobster Fishing Areas 27 – 38. Scotia-Fundy Sector - Maritimes Region – 2011.

DFO. 2009. Biological basis for the protection of large lobsters in Lobster Fishing Areas 33 to 38. DFO Can. Sci. Advis. Sec. Sci. Resp. 2008/017.

FRCC (Fisheries Resource Conservation Council) 1995. A conservation framework for Atlantic lobster. Report to the Minister of Fisheries and Oceans. November 1995. 49 p. + appendices.

FRCC (Fisheries Resource Conservation Council) 2007. Sustainability framework for Atlantic lobster. Report to the Minister of Fisheries and Oceans. July 2007. 54 p. + appendices. Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Applicable SGs/elements likely met Likely overall PI Draft scoring range SG60 SG80 SG100 score UoAs 3, 4 and 5 4 of 4 3 of 3 1 of 4 ≥80

Information gap indicator More information sought/Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 1.2.2 – Harvest control rules and tools UoAs 1 and 2 – SGSL PEI and NB-NS PI 1.2.2 There are well defined and effective harvest control rules (HCRs) in place

Scoring Issue SG 60 SG 80 SG 100

HCRs design and application Generally understood HCRs are Well defined HCRs are in place The HCRs are expected to keep in place or available that are that ensure that the exploitation the stock fluctuating at or above expected to reduce the rate is reduced as the PRI is a target level consistent with exploitation rate as the point of approached, are expected to MSY, or another more a Guide recruitment impairment (PRI) is keep the stock fluctuating appropriate level taking into post approached. around a target level consistent account the ecological role of the with (or above) MSY, or for key stock, most of the time. LTL species a level consistent with ecosystem needs. Met? Yes Yes No

Rationale Well defined HCRs are in place that ensure that the exploitation rate is reduced as the PRI is approached, are expected to keep the stock fluctuating around a target level consistent with MSY.

Management of the fishery includes a series of input (effort) and output (catch) controls (as described in section 7.2.1) that are well understood and are expected to reduce the exploitation rate as the PRI is approached, therefore, SG60 is met.

A precautionary approach framework with harvest decision rules was approved and implemented in 2018. It requires fishing effort reduction proportional to landings decline should they drop below the USR into the “Cautious” zone, which will ensure that the exploitation rate is reduced as the PRI is approached and is expected to to keep the stock fluctuating around a level consistent with MSY (see PI 1.2.1 SIa rationale above), therefore, SG80 is met.

The management system has not yet been required to respond to a decline into the “Cautious” zone and there has been no demonstration of the effectiveness of effort reduction in terms of lowering the exploitation rate on the resource and keeping the stock fluctuating at or near a level consistent with MSY most of the time, therefore, SG100 is not met. HCRs robustness to uncertainty The HCRs are likely to be robust The HCRs take account of a wide to the main uncertainties. range of uncertainties including b Guide the ecological role of the stock, post and there is evidence that the HCRs are robust to the main uncertainties.

Met? Yes No

Rationale The HCRs are likely to be robust to the main uncertainties.

The PA framework includes harvest decision rules that require fishing effort reduction proportional to landings decline should they drop below the USR. Landings in the fishery are very well monitored and it will be clear if they drop below the USR or LRP, therefore, the HCRs are likely to be robust to the main uncertainties and SG80 is met.

PI 1.2.2 There are well defined and effective harvest control rules (HCRs) in place the stock fluctuating around a level consistent with MSY. Therefore, it cannot be said that the HCRs take into account a wide range of uncertainties and SG100 is not met. HCRs evaluation There is some evidence that Available evidence indicates Evidence clearly shows that the tools used or available to that the tools in use are tools in use are effective in Guide c implement HCRs are appropriate appropriate and effective in achieving the exploitation levels post and effective in controlling achieving the exploitation levels required under the HCRs. exploitation. required under the HCRs. Met? Yes Yes No

Rationale Available evidence indicates that the tools in use are appropriate and effective in achieving the exploitation levels required under the HCRs.

The PA framework includes harvest decision rules that require fishing effort reduction proportional to landings decline should they drop below the USR. The management system has not yet been required to respond to such a decline and there has been no demonstration of the effectiveness of effort reduction in terms of lowering the exploitation rate on the resource. Nevertheless, the magnitude of the effort reduction that would be required should the stock approach the LRP would almost certainly lower the exploitation rate in that case.

Patterns of historical landings throughout the range of the species indicate environmental/ecological factors drive recruitment to a very large degree. For the sGSL lobster stock, it can be said that the current very high landings are due to high recruitment associated with a long period of very favourable conditions. However, keeping the stock fluctuating around MSY as currently defined is probably beyond the capacity of any management regime that may have to deal with declining recruitment due to environmental/ecological regime shift leading to unfavourable conditions, a situation possibly requiring re-defining reference points. Nevertheless, should landings drop below the USR, moderate effort reductions should at least ensure that exploitation rates will not increase above present levels.

Available evidence indicates that the tools in use are appropriate and effective in achieving the exploitation levels required under the HCRs, therefore, SGs 60 and 80 are met.

However, there is no evidence to clearly show that the tools in use are effective in achieving the exploitation levels required under the HCRs, therefore, SG100 is not met. References

DFO. 2014a. Reference point options for the southern Gulf of St. Lawrence lobster stock (Lobster Fishing Areas 23, 24, 25, 26A, 26B). DFO Can. Sci. Advis. Sec. Sci. Resp. 2014/027.

DFO. 2014b. Lobster in the Southern Gulf of St. Lawrence. Integrated Fisheries Management Plan, March 2014. Available at:

Rondeau, A., Comeau, M., and Surette, T. 2015. Assessment of the American Lobster (Homarus americanus) Stock Status in the Southern Gulf of St. Lawrence (LFA 23, 24, 25, 26A and 26B). DFO Can. Sci. Advis. Sec. Res. Doc. 2014/036. xii + 92 p. Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Applicable SGs/elements likely met Likely overall PI Draft scoring range SG60 SG80 SG100 score

PI 1.2.2 There are well defined and effective harvest control rules (HCRs) in place

2 of 2 3 of 3 0 of 3 ≥80

Information gap indicator More information sought/Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

UoAs 3, 4 and 5 – Scotian Shelf and Bay of Fundy PI 1.2.2 There are well defined and effective harvest control rules (HCRs) in place

Scoring Issue SG 60 SG 80 SG 100

Rationale Generally understood HCRs are in place or available that are expected to reduce the exploitation rate as the point of recruitment impairment (PRI) is approached.

A full precautionary approach framework with harvest decision rules is under consideration by stakeholders but has not been implemented. The current IFMP became effective in 2011. It committed to a full PA framework with harvest decision rules to reduce the removal rate if landings decline below the USR. As yet, however, the management system has not been required to respond to a resource decline by lowering the exploitation rate and, there has been no demonstration of its capacity to do so or to keep the stock fluctuating around MSY. Therefore, SG 80 is not met.

During the 4th surveillance audit conference call with DFO and client representatives on May 17, 2019, the team was informed that for UoA 3 (LFAs 27-33) consultations on HCRs have been completed. An agreement between DFO and stakeholders is in final review by senior DFO managers with formal approval for implementation anticipated by end of summer. This suggests that SG80 could be met for UoA 3 by the time the re-assessment PCR is finalized during fall 2019.

For UoAs 4 (LFA34) and 5 (LFAs 35-38), consultations have taken place and HCRs similar to those being approved for UoA 3 have been discussed. Agreement is pending input from DFO Science on new/updated stock status indicators which will be peer reviewed at a framework assessment meeting to be held in September 2019. Further consultations will take place at advisory

PI 1.2.2 There are well defined and effective harvest control rules (HCRs) in place committee meetings during the fall. A DFO/stakeholder agreement is expected to be approved and implemented by March 2020. This indicates that for UoAs 4 and 5, Condition 1 will have to be carried over in the re-assessment. HCRs robustness to uncertainty The HCRs are likely to be robust The HCRs take account of a wide to the main uncertainties. range of uncertainties including b Guide the ecological role of the stock, post and there is evidence that the HCRs are robust to the main uncertainties.

Met? No No

Rationale A full precautionary approach framework with harvest decision rules is under consideration by stakeholders but has not been implemented. The current IFMP became effective in 2011. It committed to a full PA framework with harvest decision rules to reduce the removal rate if landings decline below the USR. As yet, however, the management system has not been required to respond to a resource decline by lowering the exploitation rate and, there has been no demonstration of its capacity to do so. It is not possible to say whether HCRs, when implemented, are likely to be robust to the main uncertainties, therefore SG80 is not met. HCRs evaluation There is some evidence that Available evidence indicates Evidence clearly shows that the tools used or available to that the tools in use are tools in use are effective in Guide c implement HCRs are appropriate appropriate and effective in achieving the exploitation levels post and effective in controlling achieving the exploitation levels required under the HCRs. exploitation. required under the HCRs. Met? Yes No No

Rationale There is some evidence that tools used or available to implement HCRs are appropriate and effective in controlling exploitation.

Patterns of historical landings throughout the range of the species indicate environmental/ecological factors drive recruitment to a very large degree. For lobster populations of eastern and southwestern Nova Scotia and the Bay of Fundy, it can be said that the current very high landings are due to high recruitment associated with a long period of very favourable conditions. However, keeping the stock fluctuating around MSY as currently defined is probably beyond the capacity of any management regime that may have to deal with declining recruitment due to environmental/ecological regime shift leading to unfavourable conditions, a situation possibly requiring re-defining reference points. Nevertheless, should landings drop below the USR, moderate effort reductions should at least ensure that exploitation rates will not increase above present levels, therefore, SG 60 is met.

However, it is not possible to say whether HCRs, when implemented will effectively control exploitation, therefore SG80 is not met. References

PI 1.2.2 There are well defined and effective harvest control rules (HCRs) in place DFO 2011. Inshore Lobster Integrated Fishery Management Plan Lobster Fishing Areas 27 – 38. Scotia-Fundy Sector - Maritimes Region – 2011. Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Applicable SGs/elements likely met Likely overall PI Draft scoring range SG60 SG80 SG100 score UoAs 3, 4 and 5 2 of 2 0 of 3 0 of 3 60 – 79

Information gap indicator More information sought

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 1.2.3 – Information and monitoring UoAs 1 and 2 – SGSL PEI and NB-NS PI 1.2.3 Relevant information is collected to support the harvest strategy

Scoring Issue SG 60 SG 80 SG 100

Range of information Some relevant information Sufficient relevant information A comprehensive range of related to stock structure, stock related to stock structure, stock information (on stock structure, productivity and fleet productivity, fleet composition stock productivity, fleet composition is available to and other data are available to composition, stock abundance, a Guide support the harvest strategy. support the harvest strategy. UoA removals and other post information such as environmental information), including some that may not be directly related to the current harvest strategy, is available. Met? Yes Yes Yes

Rationale A comprehensive range of information (on stock structure, stock productivity, fleet composition, stock abundance, UoA removals and other information such as environmental information), including some that may not be directly related to the current harvest strategy, is available.

As elsewhere in Atlantic Canada, lobsters of the sGSL have been the subject of dedicated research programs focused on aspects of the species’ biology relevant to management of the fishery going back many years. Details of biological characteristics of populations are well known. That high exploitation rates on the commercially legal portion of the population prevail throughout the fishery and the efficacy of the long-standing management regime in terms of growth and recruitment overfishing, by way of Y/R and E/R analyses, were established many years ago. Details regarding size and number of vessels are updated annually as part of licensing requirements. Ongoing annual monitoring of fishery performance, including official catch statistics, catch rates and catch composition from at-sea sampling and a recruitment-index program, is in place. There is sufficient relevant information available to support the harvest strategy that SGs 60 and 80 are met.

There is also a substantial amount of fishery-independent monitoring in place by way of a trawl survey conducted in LFA 25 and part of 26A, a SCUBA survey conducted in LFAs 25 and 26A and deployment of bio-collectors in LFAs 24, 25 and 26A. In addition, there is ongoing annual broad-scale ecosystem/environmental monitoring covering the sGSL that is available. A sufficiently comprehensive range of information related to the current harvest strategy is available that SG100 is met. Monitoring Stock abundance and UoA Stock abundance and UoA All information required by the removals are monitored and at removals are regularly harvest control rule is monitored least one indicator is available monitored at a level of accuracy with high frequency and a high and monitored with sufficient and coverage consistent with degree of certainty, and there is a b Guide frequency to support the harvest the harvest control rule, and good understanding of inherent post control rule. one or more indicators are uncertainties in the information available and monitored with [data] and the robustness of sufficient frequency to support assessment and management to the harvest control rule. this uncertainty. Met? Yes Yes Yes

Rationale

PI 1.2.3 Relevant information is collected to support the harvest strategy Stock abundance and UoA removals are regularly monitored at a level of accuracy and coverage consistent with the harvest control rule, and one or more indicators are available and monitored with sufficient frequency to support the harvest control rule.

Landings represent a high proportion of the commercial biomass available in a given year and they are highly dependent on annual recruitment to this fished portion of the population (see PI 1.1.1 SIa rationale). Annual landings, therefore, are considered a reliable indicator of changes in stock abundance. Other fishery-dependent data from ongoing annual monitoring provide other indices of fishery performance in the form of annual and within season variation in catch rates and details of catch composition that provide a basis for detecting changes in relative abundance of different population components over time. There is also a substantial amount of fishery-independent monitoring in place (see SIa rationale above) that is relevant to the design of the harvest strategy and effectiveness of measures in place to manage the fishery. Collectively, several indicators of stock abundance are available from annual monitoring to support the harvest control rule, therefore, SGs 60 and 80 are met. The stock assessment report indicates ongoing concern regarding the accuracy of the catch data derived from the official catch reporting system and the delay in the availability of these data. There are also uncertainties in the amount of non-recorded lobster catches corresponding to other sales, personal consumption and illegal fishing. However, mandatory harvester logbooks were introduced in 2014 and this new source of catch and effort data from the fishery is being used to address the sources of uncertainty described above. While the overall amount of non-recorded catch is considered very small compared to the commercial landings, at this time it can not be said that there is a high degree of certainty regarding the total catch or that there is a good understanding of inherent uncertainties in the information and the robustness of assessment and management to this uncertainty. Therefore, SG100 is not met. Comprehensiveness of information There is good information on all Guide other fishery removals from the c post stock.

Met? Yes

Rationale There is good information on all other fishery removals from the stock.

Any bycatch of lobsters in other fisheries operating in the sGSL is not permitted to be landed. Lobster bycatch during the scallop fishery has been evaluated to represent a very small fraction of the total lobster population. From 24 sampling trips done between 2006 and 2008 only 51 lobsters were caught (mean of 1.7 lobsters per fishing trip) and most animals were in good to excellent condition when returned to the water. Buffer zones are in place in the scallop fishery to reduce or avoid dragging on lobster grounds. There is also a very small annual removal by First Nations for Food, Social and Ceremonial purposes which is under permit and must be reported.

Therefore, it can be said that there is good information on all other fishery removals from the stock and SG80 is met. References Comeau, M., and Savoie, F. 2001. Growth increment and molt frequency of the American lobster (Homarus americanus) in the southwestern Gulf of St. Lawrence. J. Crust. Biol. 21: 923-936.

Comeau, M., and Savoie, F. 2002. Maturity and reproduction cycle of the female American lobster, Homarus americanus, in the southwestern Gulf of St. Lawrence, Canada. J. Crust. Biol. 22: 762-774.

Comeau, M., Smith, M.D., and Mallet, M. 2009. Variability in trap catches for an American lobster, Homarus americanus, spring fishery. N.Z. J. Mar. Freshwater Res. 43: 401-410.

Comeau, M., Hanson, J.M., Mallet, M., and Savoie, F. 2004. Stock status of the American lobster, Homarus americanus, in the Lobster Fishing Area 25. DFO Can. Sci. Adv. Sec. Res. Doc. 2004/054. 70 p.

PI 1.2.3 Relevant information is collected to support the harvest strategy

Comeau, M., Hanson, J.M., Rondeau, A., Mallet, M., and Chassé, J. 2008. Framework and assessment for American lobster, Homarus americanus, fisheries in the southern Gulf of St. Lawrence: LFA 23, 24, 25, 26A and 26B. DFO Can. Sci. Advis. Sec. Res. Doc. 2008/054. 111 p.

Lanteigne, M., Comeau, M., Mallet, M., Robichaud, G., and Savoie, F. 1998. The American lobster, Homarus americanus, in the southern Gulf of St. Lawrence. DFO Can. Stock Assess. Sec. Res. Doc. 98/123. 29 p.

Rondeau, A., Comeau, M., and Surette, T. 2015. Assessment of the American Lobster (Homarus americanus) Stock Status in the Southern Gulf of St. Lawrence (LFA 23, 24, 25, 26A and 26B). DFO Can. Sci. Advis. Sec. Res. Doc. 2014/036. xii + 92 p. Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Applicable SGs/elements likely met Likely overall PI Draft scoring range SG60 SG80 SG100 score

2 of 2 3 of 3 1 of 2 ≥80

Information gap indicator More information sought/Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

UoAs 3, 4 and 5 – Scotian Shelf and Bay of Fundy PI 1.2.3 Relevant information is collected to support the harvest strategy

Scoring Issue SG 60 SG 80 SG 100

PI 1.2.3 Relevant information is collected to support the harvest strategy

As elsewhere in Atlantic Canada, lobsters populations of eastern and southwestern Nova Scotia, as well as the Bay of Fundy, have been the subject of dedicated research programs focused on aspects of the species’ biology relevant to management of the fishery going back many years. Details of biological characteristics of populations are well known. That high exploitation rates on the commercially legal portion of the population prevail throughout the fishery and the efficacy of the long-standing management regime in terms of growth and recruitment overfishing, by way of Y/R and E/R analyses, were established many years ago. Details regarding size and number of vessels are updated annually as part of licensing requirements. Ongoing annual monitoring of fishery performance, including official catch statistics, catch rates and catch composition from at-sea and port sampling of commercial catches, and from standard traps maintained by Fishermen and Scientist Research Society (FSRS) study participants, is in place. There is sufficient relevant information available to support the harvest strategy that SGs 60 and 80 are met.

There is also a substantial amount of fishery-independent monitoring in place by way of the Inshore Lobster Trawl Survey in LFAs 34-38 and from sampling newly settled lobsters (young-of-year) in coastal waters of Nova Scotia and the Bay of Fundy. In addition, there is ongoing annual broad-scale ecosystem/environmental monitoring throughout the region that is available. A sufficiently comprehensive range of information related to the current harvest strategy is available that SG100 is met. Monitoring Stock abundance and UoA Stock abundance and UoA All information required by the removals are monitored and at removals are regularly harvest control rule is monitored least one indicator is available monitored at a level of accuracy with high frequency and a high and monitored with sufficient and coverage consistent with degree of certainty, and there is a b Guide frequency to support the harvest the harvest control rule, and good understanding of inherent post control rule. one or more indicators are uncertainties in the information available and monitored with [data] and the robustness of sufficient frequency to support assessment and management to the harvest control rule. this uncertainty. Met? Yes Yes No

Rationale Stock abundance and UoA removals are regularly monitored at a level of accuracy and coverage consistent with the harvest control rule, and one or more indicators are available and monitored with sufficient frequency to support the harvest control rule.

Landings represent a high proportion of the commercial biomass available in a given year and they are highly dependent on annual recruitment to this fished portion of the population (see PI 1.1.1 SIa rationale). Annual landings, therefore, are considered a reliable indicator of changes in stock abundance. Other fishery-dependent data from ongoing annual monitoring provide other indices of fishery performance in the form of annual and within season variation in catch rates and details of catch composition that provide a basis for detecting changes in relative abundance of different population components over time. There is also a substantial amount of fishery-independent monitoring in place (see SIa rationale above). Collectively, several indicators of stock abundance are available from annual monitoring to support the harvest control rule, therefore, SGs 60 and 80 are met. In the latest comprehensive consideration of sources of uncertainty in assessment of the stock, it is stated that removals of lobster by means other than the commercial fishery are partially documented or undocumented, but are thought to be low relative to the commercial fishery. Removals by illegal means (e.g. poaching) cannot be estimated but, are thought to be low relative to the commercial fishery given the number of commercial trap hauls. While the overall amount of non-recorded catch is considered very small compared to the commercial landings, at this time it cannot be said that there is a high degree of certainty regarding the total catch or that there is a good understanding of inherent uncertainties in the information and the robustness of assessment and management to this uncertainty. Therefore, SG100 is not met.

PI 1.2.3 Relevant information is collected to support the harvest strategy

Comprehensiveness of information There is good information on all Guide other fishery removals from the c post stock.

Met? Yes

Rationale There is good information on all other fishery removals from the stock.

Any bycatch of lobsters in other fisheries operating anywhere throughout the distribution of lobsters in LFAs 27-38 is not permitted to be landed and must be released in good condition immediately after capture. For the most part, all other fisheries receive some degree of observer coverage.

Lobsters are not included among important discards in other fisheries of Divisions 4VW, which overlap LFAs 27 to 32, nor is scallop dredging (inshore or offshore) included among fisheries contributing to discarding. In Division 4X, which overlaps LFAs 33 to 38, lobsters are important discards in gillnet and bottom trawl fisheries for various groundfish. These fisheries, however, operate primarily in offshore areas with limited direct overlap with inshore lobster fishing areas. The inshore scallop fishery, however, overlaps inshore lobster distribution quite extensively. From 2002 to 2009, estimates of discards of lobsters in the SFA 28 and SFA 29 West (overlapping LFAs 34 to 38) combined, ranged from around 36,000 to 113,000 kg annually. In 2014, the estimate for SFA 29 West alone was 4700 kg which represents approximately 0.02% of the lobsters caught in the 2013-2014 LFA 34 lobster fishery and <0.1% of the lobsters caught in the area of LFA 34 corresponding to SFA 29 West. Of the estimated 9,304 lobsters discarded in 2014, the number of dead or injured was 2,374. These estimates are included in the annual stock status updates for SFA 29 West scallops.

DFO issues annual permits to 17 First Nations groups in the Maritimes for Food, Social and Ceremonial purposes. These include reporting requirements but completeness of catch data provided varies from community to community. The effort level in these fisheries is a small fraction (< 0.5%) of the total number of traps in the commercial fishery. During the 2014–2015 fishing season, 14,187 kg of lobster were reported harvested in LFAs 25–38. While catch reporting is incomplete, the FSC fishery represents a very small portion of the overall inshore lobster catch.

Therefore, it can be said that there is good information on all other fishery removals from the stock and SG80 is met. References DFO. 2016. 2015 Stock Status Update for Scallop (Placopecten Magellanicus) in Scallop Fishing Area 29 West of Longitude of 65º30’. DFO Can. Sci. Advis. Sec. Sci. Resp. 2016/028.

Duggan, R.E., and R.J. Miller. 2002. Lobster fishing effort on the outer coast of Nova Scotia, 1983 versus 1998. DFO Can. Sci. Advis. Sec. Res. Doc. 2002/022.

Gavaris S, Clark KJ, Hanke AR, Purchase CF, Gale J. 2010. Overview of discards from Canadian commercial fisheries in NAFO Divisions 4V, 4W, 4X, 5Y and 5Z for 2002-2006. Can. Tech. Rep. Fish. Aquat. Sci. 2873: vi + 112 p.

Hudon, C. 1994. Large-scale analysis of Atlantic Nova Scotia American lobster (Homarus americanus) landings with respect to habitat, temperature, and wind conditions. Can. J. Fish. Aquat. Sci. 51(6): 1308-1321.

Reeves, A.R., J. Choi, and J. Tremblay. 2011. Lobster Size at Maturity Estimates in Eastern Cape Breton, Nova Scotia. ). DFO Can. Sci. Advis. Sec. Res. Doc. 2011/079.

Sameoto, J.A and Glass, A. 2012. An Overview of Discards from the Canadian Inshore Scallop Fishery in SFA 28 and SFA 29 West for 2002 to 2009. Can. Tech. Rep. Fish. Aquat. Sci. 2979:vi+39 p.

PI 1.2.3 Relevant information is collected to support the harvest strategy Sameoto, J.A., Smith, S.J., Nasmith, L.E., Glass, A. and Denton, C. 2015. Scallop Fishing Area 29: Stock Status and Update for 2015. DFO Can. Sci. Advis. Sec. Res. Doc. 2015/067. v + 69 p.

Serdynska, A. and S. Coffen-Smout. 2017. Mapping Inshore Lobster Landings and Fishing Effort on a Maritimes Region Statistical Grid (2012–2014). Can. Tech. Rep. Fish. Aquat. Sci. 3177: 28 pp.

Tremblay, M.J., C. MacDonald, and R. Claytor. 2009. Indicators of abundance and spatial distribution of lobsters (Homarus americanus) from standard traps. New Zeal. J. Mar. Freshwat. Res. 43(1): 387-399.

Tremblay, J., D. Pezzack, C. Denton, A. Reeves, S. Smith, A. Silva, and J. Allard. 2011. Framework for assessing lobster off the coast of eastern Cape Breton and the eastern and south shores of Nova Scotia (LFAs 27-33). DFO Can. Sci. Advis. Sec. Res. Doc. 2011/058.

Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Applicable SGs/elements likely met Likely overall PI Draft scoring range SG60 SG80 SG100 score UoAs 3, 4 and 5 2 of 2 3 of 3 1 of 2 ≥80

Information gap indicator Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 1.2.4 – Assessment of stock status UoAs 1 and 2 – SGSL PEI and NB-NS PI 1.2.4 There is an adequate assessment of the stock status Scoring Issue SG 60 SG 80 SG 100

Appropriateness of assessment to stock under consideration The assessment is appropriate The assessment takes into for the stock and for the harvest account the major features Guide a control rule. relevant to the biology of the post species and the nature of the UoA. Met? Yes Yes

Rationale The assessment takes into account the major features relevant to the biology of the species and the nature of the UoA.

The stock is monitored by way of indicators of abundance, fishing pressure and production derived from fishery-dependent and fishery-independent data. Analyses of trends in these indicators are updated annually to provide information on stock status. Details of various aspects of local population biology and life history characteristics such as length-weight and size-at- maturity relationships, growth rate and early benthic stage ecology are utilized to estimate exploitation rate, relative strength of various population components including pre-recruits and egg-bearing females, 1-year old and newly settled young-of-year lobsters. All indicators inform management of the fishery and are directly relevant to the catch and effort control regime that has been in place for a very long time.

The assessment of stock status is appropriate for the stock and the UoA and takes into account the major features relevant to the biology of the species, therefore, SGs 80 and 100 are met. Assessment approach The assessment estimates stock The assessment estimates stock status relative to generic status relative to reference Guide b reference points appropriate to points that are appropriate to the post the species category. stock and can be estimated.

Met? Yes Yes

Rationale The assessment estimates stock status relative to reference points that are appropriate to the stock and can be estimated.

Reference points considered appropriate to the stock have been implemented and assessments provide annual updates of stock status relative to these (see PI 1.1.1 rationales), therefore, SGs 60 and 80 are met. Uncertainty in the assessment The assessment identifies major The assessment takes The assessment takes into sources of uncertainty. uncertainty into account. account uncertainty and is Guide c evaluating stock status relative to post reference points in a probabilistic way. Met? Yes Yes No

Rationale The assessment takes uncertainty into account.

PI 1.2.4 There is an adequate assessment of the stock status Major sources of uncertainty in the various fishery-dependent data sets collected in ongoing monitoring are described in the report produced following the annual stock assessment, therefore, SG60 is met. Estimation of certain indicators from fishery data and those derived from fishery-independent data takes uncertainty into account in the analytical and statistical treatment of those data, therefore, SG80 is met.

At present, reference points are derived from a landings-based BMSY proxy and there is no analytical evaluation of stock status that includes estimation of confidence intervals, therefore, SG100 is not met. Evaluation of assessment The assessment has been tested and shown to be robust. Guide d Alternative hypotheses and post assessment approaches have been rigorously explored.

Met? No

Rationale Estimation of most stock status indicators is based on sound statistical and analytical treatment of the various data sets utilized. At present, there is no analytical evaluation of stock status relative to the recently established reference points, although the possibility of developing reference points based on indices other than landings is being pursued. However, it can not be said that the assessment has been tested or that alternative approaches have been explored. Therefore, SG100 is not met. Peer review of assessment The assessment has been Guide The assessment of stock status is e internally and externally peer post subject to peer review. reviewed. Met? Yes Yes

Rationale The assessment has been internally and externally peer reviewed.

The stock assessment update conducted annually is part of a formal Regional Advisory Process that involves DFO science staff from different Science Branch sections who provide internal peer review, therefore, SG80 is met. The report of a meeting held in November 2013 to identify reference point options makes reference to a review of the subject by an external consultant and included participation by scientists from two other DFO Regions and one from the Universite de Moncton, therefore, the assessment can be considered as having been externally peer reviewed as well and SG100 is met. References

DFO. 2014a. Reference point options for the southern Gulf of St. Lawrence lobster stock (Lobster Fishing Areas 23, 24, 25, 26A, 26B). DFO Can. Sci. Advis. Sec. Sci. Resp. 2014/027.

DFO. 2019C. Update of the stock status indicators of the American lobster (Homarus americanus) stock of the southern Gulf of St. Lawrence to 2018. DFO Can. Sci. Advis. Sec. Sci. Resp. 2019/008.

Rondeau, A., Comeau, M., and Surette, T. 2015. Assessment of the American Lobster (Homarus americanus) Stock Status in the Southern Gulf of St. Lawrence (LFA 23, 24, 25, 26A and 26B). DFO Can. Sci. Advis. Sec. Res. Doc. 2014/036. xii + 92 p Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Draft scoring range Applicable SGs/elements likely met

PI 1.2.4 There is an adequate assessment of the stock status Likely overall PI SG60 SG80 SG100 score 2 of 2 4 of 4 2 of 4 ≥80

Information gap indicator More information sought/Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

UoAs 3, 4 and 5 – Scotian Shelf and Bay of Fundy PI 1.2.4 There is an adequate assessment of the stock status Scoring Issue SG 60 SG 80 SG 100

Rationale The assessment takes into account the major features relevant to the biology of the species and the nature of the UoA.

The stock is monitored by way of indicators of abundance, fishing pressure and production derived from fishery-dependent and fishery-independent data. Analyses of trends in these indicators are updated annually to provide information on stock status. Details of various aspects of local population biology and life history characteristics such as length-weight and size-at-maturity relationships, growth rate and early benthic stage ecology are utilized to estimate exploitation rate, relative strength of various population components including pre-recruits, egg-bearing females, and newly settled young-of-year lobsters. All indicators inform management of the fishery and are directly relevant to the catch and effort control regime that has been in place for a very long time.

Met? Yes Yes

Rationale

PI 1.2.4 There is an adequate assessment of the stock status The assessment estimates stock status relative to reference points that are appropriate to the stock and can be estimated.

Reference points considered appropriate to the stock have been established for all LFAs and assessments provide annual updates of stock status relative to these (see PI 1.1.1 rationales), therefore, SGs 60 and 80 are met. Uncertainty in the assessment The assessment identifies major The assessment takes The assessment takes into sources of uncertainty. uncertainty into account. account uncertainty and is Guide c evaluating stock status relative to post reference points in a probabilistic way. Met? Yes Yes No

Rationale The assessment takes uncertainty into account. Major sources of uncertainty in the various fishery-dependent data sets collected in ongoing monitoring are described in the report produced following the annual stock assessment, therefore, SG60 is met. Estimation of certain indicators from fishery data and those derived from fishery-independent data takes uncertainty into account in the analytical and statistical treatment of those data, therefore, SG80 is met.

At present, reference points are derived from a landings-based BMSY proxy, as well as other indicators. However, there is no analytical evaluation of stock status that includes estimation of confidence intervals, therefore, SG100 is not met.

Evaluation of assessment The assessment has been tested and shown to be robust. Guide d Alternative hypotheses and post assessment approaches have been rigorously explored.

Met? No

Rationale Estimation of most stock status indicators is based on sound statistical and analytical treatment of the various data sets utilized. At present, there is no analytical evaluation of stock status relative to the established reference points, however, it cannot be said that the assessment has been tested or that alternative approaches have been explored. Therefore, SG100 is not met.

Peer review of assessment The assessment has been Guide The assessment of stock status is e internally and externally peer post subject to peer review. reviewed. Met? Yes Yes

Rationale The assessment has been internally and externally peer reviewed.

PI 1.2.4 There is an adequate assessment of the stock status The report of the meeting held in February 2011 to review the assessment framework for eastern Nova Scotia lobster populations included participation by scientists from three Atlantic Canada universities and one from the University of Maine, therefore, the assessment can be considered as having been externally peer reviewed as well and SG100 is met.

References DFO. 2011. Proceedings of the Maritimes Region Science Advisory Process to Review the Assessment Framework for Lobster Fishing Areas (LFA) 27-33 Lobster; February 1-3, 2011. DFO Can. Sci. Advis. Sec. Proceed. Ser. 2011/021: iv + 28p.

DFO. 2018b. Stock Status Update of American Lobster (Homarus americanus) in Lobster Fishing Areas (LFAs) 27-33. DFO Can. Sci. Advis. Sec. Sci. Resp. 2018/030.

DFO. 2018c. Stock Status Update of American Lobster (Homarus americanus) in Lobster Fishing Area 34. DFO Can. Sci. Advis. Sec. Sci. Resp. 2018/044.

DFO. 2019d. Stock Status Update of American Lobster (Homarus americanus) in Lobster Fishing Areas 35-38. DFO Can. Sci. Advis. Sec. Sci. Resp. 2018/049.

Tremblay, M.J., Pezzack, D.S., Denton, C., Reeves, A.R., Smith, S., Silva, A., and Allard, J. 2011. Framework for Assessing Lobster off the Coast of Eastern Cape Breton and the Eastern and South Shores of Nova Scotia (LFAs 27-33). DFO Can. Sci. Advis. Sec. Res. Doc. 2011/58: viii + 180 p.

Tremblay, M.J., Pezzack, D.S. Denton, C., Cassista-Da Ros, M., Smith, S.J., Reeves, A.R., Silva, A., and Armsworthy, S. 2012a. Assessment of Lobster off the Coast of Eastern Cape Breton and the Eastern and South Shores of Nova Scotia (LFAs 27-33). DFO Can. Sci. Advis. Sec. Res. Doc. 2012/022. Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Applicable SGs/elements likely met Likely overall PI Draft scoring range SG60 SG80 SG100 score UoAs 3, 4 and 5 2 of 2 4 of 4 2 of 4 ≥80

Information gap indicator More information sought/Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

8.3 Principle 2 Principle 2 background

Table 34. Scoring elements Component Scoring elements UoA Designation Data-deficient Atlantic mackerel (Scomber scrombus) is Primary species All Main No Subareas 3 and 4 Fall spawner component of Atlantic herring Primary species (Clupea harengus) in NAFO Div. 4T (Gulf of UoAs 1 and 2 Main No St Lawrence) Atlantic herring (Clupea harengus) in NAFO UoAs 3, 4 Primary species Main No Div. 4VWX and 5 Atlantic cod (Gadus morhua) in NAFO Div. Primary species UoAs 1 and 2 Minor No 4T-4Vn Atlantic cod (Gadus morhua) in NAFO Div. UoAs 3, 4 Primary species Minor No 4X5Yb and 5 Secondary species Rock crab (Cancer irroratus) All Minor Yes Secondary species Sculpin (Myoxocephalus Scorpius) All Minor Yes Secondary species Cunner (Tautogolabrus adspersus) All Minor Yes Secondary species UoAs 3, 4 Green crab (Carcinus maenas) Minor Yes and 5 Secondary species Jonah crab (Cancer borealis) UoA 5 Minor Yes Secondary species Ocean pout (Zoarces americanus) UoAs 1 and 2 Minor Yes Secondary species Greenland cod (Gadus ogac) UoAs 1 and 2 Minor Yes Secondary species Sea urchin All Minor Yes Cusk (Brosme brosme) in NAFO Div. UoAs 3, 4 Secondary species Minor Yes 4VWX5Z and 5 ETP species Atlantic wolffish (Anarhichas lupus) All N/A No UoAs 3, 4 ETP species Spotted wolffish (Anarhichas minor) N/A No and 5 Northern wolffish (Anarhichas UoAs 3, 4 ETP species N/A No denticulatus) and 5 ETP species Leatherback turtle (Dermochelys coriacea) All N/A No North Atlantic right whale (Eubalaena ETP species All N/A No glacialis) ETP species Blue whale (Balaenoptera musculus) All N/A No Main (commonly Habitats Muddy/sandy sediments with gravels All No encountered habitats) Habitats Coral and sponge areas All VMEs No Habitats Eel grass UoAs 1 and 2 VMEs No

8.3.1.1 The ecosystem the Maritime Canada inshore lobster trap fishery depends on 8.3.1.1.1 UoAs 1 and 2 – SGSL PEI and NB-NS The Gulf of St. Lawrence is similar to an inland sea with a distinct ecosystem, characterized by partial isolation from the North Atlantic, freshwater runoff from the land, and a deep trough running along its depths, seasonal ice, the presence of a cold intermediate layer, shallow depths, and high biological productivity and diversity. The distinct qualities of physical and biological components of the Gulf combine to create its unique environment.

The Gulf of St. Lawrence is a semi-enclosed sea, covering an area of about 240 x 103 km2, which opened to the Atlantic Ocean through the Cabot Strait and the Strait of Belle Isle (Figure 30). The Laurentian Channel is a long, continuous trough over 300 m deep that runs 1,500 km from the continental shelf in the Atlantic Ocean to where it ends abruptly in the St. Lawrence Estuary at the mouth of Saguenay River near Quebec City. This trough brings deep oceanic waters to the estuary. There are secondary troughs and plateaus such as the Magdalen Shallows, which cover the southern part of the Gulf. The Gulf’s submarine topography is considered complex, and strongly affects how water circulates. Circulation in the Gulf is generally counter-clockwise.

Figure 30. Boundary of the Gulf of St Lawrence. Source: http://www.dfo-mpo.gc.ca/oceans/management- gestion/gulf-golfe-eng.html

A comprehensive overview of the ecosystem within the Gulf of St. Lawrence is given in the "Estuary and Gulf of St. Lawrence Marine Ecosystem Overview and Assessment Report" (Dufour and Ouellet 2007). The physical, chemical and biological oceanographic conditions on the Gulf of St Lawrence is regularly analysed as part of the Atlantic Zone Monitoring Program (AZMP), the last report was published in 20185.

The GSL Integrated Management (GOSLIM) plan was published in 2013 (DFO 2013c): “the plan provides a framework for inter-jurisdictional collaborative engagement of the regulatory authorities relevant to different

5 http://www.dfo-mpo.gc.ca/csas-sccs/Publications/ResDocs-DocRech/2018/2018_037-eng.html

management issues. Such collaboration gives rise to a process for effectively addressing different management issues within the GOSLIM area, when and where they arise.”

8.3.1.1.2 The Scotian Shelf and Bay of Fundy The Scotian Shelf is part of a continental shelf that averages only 90 m depth and extends some 200 km in length. The shelf can be divided into an inner, middle, and outer shelf, each with its own characteristics (Worcester and Parker 2010). The inner portion of the shelf, from the Nova Scotia coast to about 25 km offshore is an extension of the coastal bedrock with generally rough topography. This area was scoured by glaciation, and, in southwestern Nova Scotia, there exists a wide flat portion of this inner shelf. The middle shelf has broad, deep basins in the central and western portions of the Scotian Shelf, while in the east; the middle shelf is an area of complex topography, with many small to medium-sized banks and small basins (“holes”). The outer shelf, the portion of the Scotian Shelf farthest from the coast, is a series of relatively broad, flat and shallow banks separated by gently sloping lower saddles. Sable Island is an exposed portion of Sable Island Bank and a unique feature of the outer shelf. On the outer shelf, at about 200 m in depth (the “shelf break”), the ocean bottom begins to slope more steeply to a depth of about 2000 m (the continental slope). The series of submarine banks and cross-shelf channels along the outer shelf and basins and troughs along the central shelf serve to limit and guide near-bottom flow, resulting in a complex circulation pattern.

The Bay of Fundy is a narrow funnel-shaped body of water that lies between Nova Scotia and New Brunswick (Worcester and Parker 2010) (Figure 31). It is 270 km long and 60 km wide at its widest point, and encompasses offshore oceanic features with shallow banks and deep channels, as well as diverse coastal marine habitats. It is underlain by the Fundian Lowlands formation of Triassic sedimentary rocks. The bottom contours largely follow the coastline and reflect its origin as a former drainage system originating in the Minas Basin-Truro area. It has some of the largest tides in world.

Figure 31. Map of Scotian Shelf-Bay of Fundy Bioregion.

The Regional Oceans Plan for the Scotian Shelf, Atlantic Coast and the Bay of Fundy was relased in 2014 and outlines the approach and actions DFO is taking to support oceans and coastal management in the Maritimes Region6.

8.3.1.1.3 Lobster in the food web Larvae lobster are omnivorous, they feed on zooplankton (copepods, crab larvae, eggs) and phytoplankton (diatoms, dinoflagellates and filamentous algae). Juveniles and adults are mainly carnivorous and prey on crab, small sea stars, lobster, marine worms, molluscs and fish. Rock crab is a key food resource for lobster. Stomach analysis in Northumberland Strait showed that rock crab was the single most important component of the diet (between 45 and 68% of prey biomass) (Hanson 2009). Small see stars and lobster represented between 0.7 and 12.9% of the prey biomass. Molluscs, polychaetes, and fish remains each did not exceed 7.5% of prey biomass. Predation on planktonic stages of lobster is rare and predation upon benthic stages of lobster is uncommon, principally restricted to finfish (sculpin and cod) and cannibalism (during the moult). DFO investigated lobster and predator-prey relationships using samples collected during trawl surveys in LFA 25 and part of LFA 26 (Comeau et al. 2008). Stomach analysis showed that decapods were the principal prey (57% to 84% of prey biomass), with rock crab being the single most important component of the diet (45% to 78%). Lobster represented 8% to 13% of the prey biomass. It has also been observed that the only demersal fish demonstrated to consume large amounts of lobster was the sculpin.

Grabowski et al (2009) examined the diet and growth of lobsters at different sites in Maine, U.S. and New Brunswick, Canada. The results suggested that the bottom-up forcing (food limitation) can have important consequence for lobster population dynamics and the productivity of lobster fisheries. At the contrary, a study based on local ecological knowledge (interviews of fishermen) suggested a top-down (predation) control mechanism of lobster populations in the Gulf of Maine (Boudreau and Worm 2010).

8.3.1.2 Primary and secondary species According to MSC Fisheries Standard v.2.01, primary and secondary species are non-target species that are not ETP species. Table 35 gives the definition of these two components bearing in mind that primary and secondary species can be either landed or discarded or species used as bait.

Table 35. Definition of Primary and Secondary Species (Table GSA2 of MSC Guidance to MSC Fisheries Standard v.2.01.). Primary Species Secondary Species ● In scope species, e.g. fish and shellfish ● Fish and shellfish, and out of scope species ● Managed with tools controlling exploitation (birds, reptiles, amphibians and mammals) that ● Reference points are in place are not ETP species ● Analytical or empirical derived stock ● Not managed according to reference points assessment in place ● No analytical or empirical derived stock assessment in place

The assessment team determines which species are considered as main and which are considered as minor according to the MCS Fisheries Standard v.2.1. A species is considered as main if:

- The catch of a species by UoAs comprises 5% or more by weight of the total catch of all species by the UoA; or - The species is classified as less resilient and the catch of the species by the UoA comprises 2% or more by weight of the total catch of all species by UoAs.

6 http://www.dfo-mpo.gc.ca/oceans/management-gestion/scotian-ecossais-eng.html

- In the case of very large fisheries with exceptionally large catches (MSC GSA 3.4.4), the assessment team shall still classify species that do not meet the threshold of 5% and 2% as main. It is not the case for the any of the UoAs which total catches cannot be considered as exceptionally large.

Note that where individual are released alive, they shall not contributed to the definition of main (MSC SA3.4.3).

8.3.1.2.1 UoAs 1 and 2 – SGSL PEI and NB-NS Under licence condition, lobster harvesters are not authorized to keep any groundfish species caught incidentally. All non-target species must be returned to the water and released in the exact capture location with as little harm as possible. Nonetheless, under licence conditions, male rock crab (Cancer irroratus), cunner (Tautogolabrus adspersus) and sculpin (Myoxocephalus octodecemspinocus) are allowed to be landed.

Source of information It is required to record the amount of rock crab, sculpin and cunner landed in lobster logbooks (implemented in 2014). In addition, a collaborative research project, “Bycatch composition and vitality assessment of species caught as bycatch during the lobster fishery in the Southern Gulf of St Lawrence”, led by DFO Gulf Region has been implemented in 2015 (DFO 2017a). The results of the bycatch study was presented during the Southern Gulf of St Lawrence Lobster Advisory Committee meeting held in January 2017. DFO Gulf also presented the results during the 11th International Conference & Workshop on Lobster Biology and Management that has been held in Portland (Maine, US) in June 2017. Consequences for the status of affected populations have been investigated through the study of bycatch survival by noting injuries and evaluating vitality every minute for 10 minutes. There was no mortality during vitality observations, 98% of observed individuals had no visible injury, there was very little variation in individuals vitality over time. Sorting is manual and bycatch species are quickly returned to water; lobster fishing occurs in shallow waters so there is no everted stomach or bloated swim bladder in fish caught. It was determined that survival of all returned species is very high.

The non-target species catch monitoring has been planned as follow: - Given the low bycatch level and the low risk of harm in bycatch species, data collection will be carried out every 3 years with the next one scheduled for the MSC fishery re-assessment; - If new species are encountered and are deemed to be at risk, a survivability survey will be carried out; - The timeline may be revised if major changed in fishing practices occurred.

Primary and secondary catch level Rock crab, cunner and sculpin landings reported in logbooks represents less than 2% of total catch (Tables 36- 37-38)

Table 36. Rock crab landings reported from lobster fishery and rock crab directed fishery in the SGSL. Source: DFO Gulf. Rock crab landings during lobster fishery (mt) Total landed during % of total rock rock crab directed Fishing crab landings Year 23 24 25 26A 26B Total fishery (mt) trips coming from the lobster fishery 2017p * * 1.8 31.6 * 33.7 3,009 2,273 1.12% 2018p * * 1.4 30.4 * 31.8 2,268.5 2,077 1.38% *Confidential: landings from less than 5 harvesters

Table 37.Amount (lbs) of cunner landed estimated from lobster logbooks for 2017 (p). Source: DFO Gulf. LFA 2017p lobster fishing season 23 24 25 26A 26B Estimated weight of cunner (x1000 lbs) 32 70 39 39 51 Number of With cunner landed or used as bait 3,210 3,487 2,065 3,269 1,933 reported Without cunner 25,318 21,521 21,377 25,237 6,773 harvester- days Total number of harvester-days 28,528 25,008 23,442 28,506 8,706

Table 38. Amount (lbs) of sculpin landed estimated from lobster logbooks for 2017 (p). Source: DFO Gulf. LFA 2017p lobster fishing season 23 24 25 26A 26B Estimated weight of sculpin (x1000 lbs) 19 33 12 18 17 Number of With sculpin landed or used as bait 3,040 4,227 1,571 4,360 3,443 reported Without sculpin 25,488 20,781 21,871 24,146 5,263 harvester- days Total number of harvester-days 28,528 25,008 23,442 28,506 8,706

The bycatch monitoring project showed that the level of bycatch is low and none of the species catch accounts for 5% or more of the total catch. As per MSC SA3.4.3, where individual are released alive, they shall not be contributed to the definition of main. There is strong scientific evidence that individuals caught in lobster traps are release alive with very low post-capture mortality. As per GSA3.4.3, very low post capture mortality is interpreted as no less than a 90% survival rate. As explained above, consequences for the status of affected populations have been investigated through the study of bycatch survival by noting injuries and evaluating vitality every minute for 10 minutes. There was no mortality during vitality observations, 98% of observed individuals had no visible injury, there was very little variation in individuals vitality over time. Sorting is manual and bycatch species are quickly returned to water; lobster fishing occurs in shallow waters so there is no everted stomach or bloated swim bladder in fish caught. It was determined that survival of all returned species is very high.

Therefore, the assessment team determined that all secondary and primary species caught in lobster traps are minor. All secondary and primary species returned to the water are considered to be unwanted catches.

Main primary species are species used as bait, the Atlantic mackerel and Gulf of St Lawrence herring fall spawner component which amount used as bait is >5%. Some lobster harvesters may use rock crab as secondary bait.

Table 39 lists primary and secondary species for UoAs 1 and 2. Information on stocks status is provided when available.

Cumulative impacts will be considered for the main primary species which are all species used as bait. These species are also used as bait by other Canada Atlantic shellfish trap fisheries certified or under assessment. These fisheries overlap with the SGSL lobster fisheries and are listed in section 10.9. In July 2016, MSC released the following interpretation regarding the assessment of cumulative impacts for Principle 2 species between FCR v.2.0 and CR v.1.3 fisheries7:

7 http://msc-info.accreditation-services.com/questions/assessing-p2-species-cumulatively-between-v2-0-and-1-3-fisheries/

“The MSC has noted the points raised in relation to difficulties of assessing cumulative impacts between fisheries on v2.0 and v1.3 of the standard. We have consulted with the MSC Technical Advisory Board (TAB) and Board of Trustees and have reconsidered the language in Table GSA3. Due to the points raised in the request, the first two paragraphs of guidance on ‘MSC UoAs and the assessment of cumulative impacts’ in Table GSA3 may be taken as a suggestion and does not need to be implemented. The expectation would be that fisheries assessed against v2.0 of the standard shall only be required to consider cumulative impacts with other v2.0 fisheries.”

Primary and secondary species management There is a partial strategy in place that is designed to maintain or to not hinder rebuilding of primary and secondary species. Lobster fishing in the SGSL is limited in time, there is a trap allocation and restrictions in size of traps, fishing effort was reduced though a reduction in the number of licences and traps per licence from 1998 to 2005 and after 2009, all non-target species (except male rock crab, sculpin and cunner) must be returned to the water and released in the exact capture location with as little harm as possible, escape vents are required as well as biodegradable mechanisms. Regarding bait, consultations with bait supplier showed that the availability of main bait sources (mackerel and herring) has decreased. The industry is considering the use of alternative bait made up of mackerel, herring and capelin with the total overall fish required being less than what is usually used. A research project which aims to determine the effectiveness of the alternative bait was implemented in 2018 by the University of PEI and PEI DFARD.

Table 39. Primary and secondary species for UoAs 1 and 2. Managed UoA 1 UoA 2 according to Species Stock Stock status Reference reference % of total catch Category % of total catch Category point Catch rates varied throught the time series with recent higher values Rock crab, minor minor observed in LFAs No SGSL <2% <2% DFO 2019f Cancer irroratus secondary secondary 24 and 25, decline in the density of small rock crabs in bio-collectors in all sites. Stock not assessed. But Sculpin, minor minor according to DFO, Myoxocephalus No SGSL <2% <2% - secondary secondary the species is very scorpius abundant in the SGSL minor minor Stock not Sea urchin No SGSL <1% <1% - secondary secondary assessed. Overfished, SSB in 2018 was estimated to be 17% of the LRP. It was determined Atlantic cod, Gadus SGSL (NAFO minor minor that the No <1% <1% DFO 2019g morhua Div. 4T-4Vn) primary primary extremely high natural mortality is the reason for the lack of recovery of the stock which is

Table 39. Primary and secondary species for UoAs 1 and 2. Managed UoA 1 UoA 2 according to Species Stock Stock status Reference reference % of total catch Category % of total catch Category point experiencing an Allee effect. Fishing mortality is low with negligible impact on the declining population trajectory. Stock not assessed. But Cunner, minor minor according to DFO, Tautogolabrus No SGSL <2% <2% - secondary secondary the species is very adspersus abundant in the SGSL Ocean pout, minor minor Stock not No SGSL <1% <1% - Zoarces americanus secondary secondary assessed. Greenland cod , minor minor Stock not SGSL <1% <1% - Gadus ogac secondary secondary assessed. Species used as bait SSB below the upper stock Fall spawner reference level Herring, component in and well above Clupea harengus Yes Southern Gulf >5% main primary >5% main primary DFO 2018e the limit reference (frozen) of St Lawrence point, and (NAFO Div. 4T) overfishing is not occurring Stock is Atlantic mackerel, Northwest overfished, 2016 Scomber scrombus Yes >5% main primary >5% main primary DFO 2019e Atlantic SSB is 59% of the (frozen) LRP. Low

Table 39. Primary and secondary species for UoAs 1 and 2. Managed UoA 1 UoA 2 according to Species Stock Stock status Reference reference % of total catch Category % of total catch Category point recruitment, severe truncation in the population’s age structure. SSB shows a slight increase from 2016 to 2018 Catch rates varied throught the time series with recent higher values Rock crab, minor minor observed in LFAs No SGSL <2% <2% DFO 2019f Cancer irroratus secondary secondary 24 and 25, decline in the density of small rock crabs in bio-collectors in all sites.

8.3.1.2.2 UoAs 3, 4 and 5 Under licence condition, lobster harvesters are not authorized to keep any groundfish species caught incidentally. Nonetheless, all inshore Lobster harvesters in LFAs 27-38 are authorized to retain green crab (Carcinus maenas), rock crab (Cancer irroratus), and sculpin (Myoxocephalus octodecemspinocus). In addition, harvesters in LFAs 34-38 are authorized to retain Jonah crab (Cancer borealis) that is ≥ 130 mm in length. However, in actual fishing practices, sculpin is not retained. In 2016, lobster harvesters in LFA 27 (Eastern Nova Scotia) have been authorised to retain cunner > 10 cm and use it as bait on a pilot basis.

Source of information Catches of species allowed to be retained are reported in logbooks.

Non-target species monitoring continues to be conducted in UoA 2 by the the Cape Breton Fish Harvesters Association (CBFHA), the Guysborough County Inshore Fishermen’s Association (GCIFA) and the Eastern Shore Fishermen’s Protective Association.

The FSRS conducted at-sea survey of lobster fishing trips between November 2005 and July 2006 in the Eastern Nova Scotia (UoA 3).

Eastern Nova Scotia (UoA 3) and Southwest Nova Scotia (UoA 4) lobster fisheries were at-sea sampled for incidental catches during 2009-2010 fishing season (Pezzack et al 2014).

Information on incidental catches in lobster fishery in the Bay of Fundy (UoA 5) was collected during an at-sea sampling (Ttenbley et al 2013).

The Cape Breton Fish Harvesters Association (CBFHA) has agreed to collect data on cunner and report the impact the fishery is having on this species. In 2017, 97 at-sea samples were conducted, 15,046 traps were samples among which 332 contained cunner. Among the 441 cunner caught, 210 were retained. Sampling effort was 0.53% of sea trips and 0.41% of traps sampled. Although there is a low observer coverage, by extrapolating the total amount of cunner that would have been retained by LFA 27 lobster harvesters, it is considered that the amount of cunner used as bait in the Eastern Nova Scotia (UoA 2) is negligible.

DFO Maritimes implemented an at-sea observer program in LFAs 33 (UoA 2), 34 (UoA 4) and 35 (UoA 5) in September 2018 (DFO 2018a). In addition, the Southwest Lobster Science Society (SWLSS) implemented a pilot industry-led at-sea bycatch monitoring project for LFAs 33, 34 and 35 which was approved by DFO in April 2018. According to DFO (2018a), approximately half of the lobster harvesters in LFAs 33, 34 and 35 are having data collected under the DFO’s at-sea observer program and the other half have chosen to have data collected under the SWLSS’s pilot project. Target coverage is 1% of days at sea which is considered an interim target in order to build a basic bycatch profile. A risk-assessment will follow to confirm the percentage of coverage that is required over the medium to long-term.

Primary and secondary catch level Crab species landings by lobster harvesters are presented in Table 40. None of the crab species landings are at or exceed 2% of the UoA’s total catch.

Table 40. Rock crab and Jonah crab landings (mt) by lobster harvesters in the Maritimes, for October 1, 2017 to September 30, 2018. Source: DFO Maritimes. LFA Rock crab Jonah crab 27-33 (UoA 3) 55.7 11.75 34 (UoA 4) 38.1 157.5 35-38 (UoA 5) 35.1 40.7 Total 128.9 209.95

All incidental catches survey and monitoring in the Scotian Shelf and Bay of Fundy lobster fisheries showed that the level of bycatch is low and none of the species catch accounts for 5% or more of the total catch. As per MSC SA3.4.3, where individual are released alive, they shall not be contributed to the definition of main. There is strong scientific evidence that individuals caught in lobster traps are release alive with very low post- capture mortality. As per GSA3.4.3, very low post capture mortality is interpreted as no less than a 90% survival rate. In cases where scientific evidence is not available for the particular fishery, studies pertaining to similar fisheries can be used with appropriate rationales provided. As explained in section 8.3.1.2.1, consequences for the status of affected populations have been investigated through the study of bycatch survival in the SGSL lobster fishery by noting injuries and evaluating vitality every minute for 10 minutes. There was no mortality during vitality observations, 98% of observed individuals had no visible injury, there was very little variation in individuals vitality over time. Sorting is manual and bycatch species are quickly returned to water; lobster fishing occurs in shallow waters so there is no everted stomach or bloated swim bladder in fish caught. It was determined that survival of all returned species is very high. Lobster fishing operations in the Scotian Shelf and Bay of Fundy are similar to the lobster fishing operations in the SGSL

Main primary species are species used as bait, the Atlantic mackerel and NAFO Div. 4VWX Atlantic herring which amount used as bait is >5%. Some lobster harvesters may use rock crab as secondary bait.

Table 41 lists primary and secondary species for UoAs 3, 4 and 5. Information on stocks status is provided when available.

Cumulative impacts will be considered for the main primary species which are all species used as bait. These species are also used as bait by other Canada Atlantic shellfish trap fisheries certified or under assessment. These fisheries overlap with the Scotia Shelf and Bay of Fundy lobster fisheries and are listed in section 10.9. In July 2016, MSC released the following interpretation regarding the assessment of cumulative impacts for Principle 2 species between FCR v.2.0 and CR v.1.3 fisheries8:

8 http://msc-info.accreditation-services.com/questions/assessing-p2-species-cumulatively-between-v2-0-and-1-3-fisheries/

Table 41. Primary and secondary species for UoAs 3, 4 and 5. Managed UoA 3 UoA 4 UoA 5 according Species to Stock % of total % of total % of total Stock status Reference Category Category Category reference catch catch catch point Scotian Rock crab, Shelf and minor minor minor Stock not Cancer No <2% <2% <2% - Bay of secondary secondary secondary assessed irroratus Fundy Scotian Jonah crab Shelf and minor minor minor Stock not (Cancer No <2% <2% <2% - Bay of secondary secondary secondary assessed borealis) Fundy Stock not assessed. But according to Scotian Sculpin, DFO, the Shelf and minor minor minor Myoxocephalus No <2% <2% <2% species is very - Bay of secondary secondary secondary scorpius abundant in Fundy the Scotian Shelf and Bay of Fundy Scotian Shelf and minor minor minor Stock not Sea urchin No <1% <1% <1% - Bay of secondary secondary secondary assessed. Fundy Overfished, SSB in 2018 was Atlantic cod, NAFO Div. minor minor minor estimated to DFO Yes <1% <1% <1% Gadus morhua 4X5Y primary primary primary be below the 2019h LRP. Despite decline in F,

Table 41. Primary and secondary species for UoAs 3, 4 and 5. Managed UoA 3 UoA 4 UoA 5 according Species to Stock % of total % of total % of total Stock status Reference Category Category Category reference catch catch catch point productivity remains low. There is a high probability that the SSB will further decline even in the absence of fishing. Current 3- year Scotian geometric Cusk, Brosme Shelf and minor minor minor mean of the DFO No <2% <2% <2% brosme Bay of secondary secondary secondary cusk biomass 2018g Fundy remains above the LP since 2008. Stock not assessed. But Scotian according to Cunner, Shelf and minor minor minor DFO, the Tautogolabrus No <2% <2% <2% - Bay of secondary secondary secondary species is very adspersus Fundy abundant in the Scotian Shelf Species used as bait NAFO Div. main main Three-year DFO Herring, Yes >5% >5% >5% main primary 4VWX primary primary moving 2018f

Table 41. Primary and secondary species for UoAs 3, 4 and 5. Managed UoA 3 UoA 4 UoA 5 according Species to Stock % of total % of total % of total Stock status Reference Category Category Category reference catch catch catch point Clupea average harengus decreased in (frozen) 2017 to be at the LRP for the first time since 2011 Stock is overfished, 2016 SSB is 59% of the LRP. Low Atlantic recruitment, mackerel, severe Northwest main main DFO Scomber Yes >5% >5% >5% main primary truncation in Atlantic primary primary 2019e scrombus the (frozen) population’s age structure. SSB shows a slight increase from 2016 to 2018 Scotian Rock crab, Shelf and minor minor minor Stock not Cancer No <1% <1% <1% - Bay of secondary secondary secondary assessed irroratus Fundy Stock not Cunner, assessed. But Scotian minor Tautogolabrus No <1% - - - - according to - Shelf secondary adspersus DFO, the species is very

Primary and secondary species management There is a partial strategy in place that is designed to maintain or to not hinder rebuilding of primary and secondary species. Lobster fishing in the Scotian Shelf and Bay of Fundy is limited in time, there is a trap allocation and restrictions on size of traps, fishing effort was reduced though a reduction in the number of licences and traps per licence from 1998 to 2005 and after 2009, all non-target species (except rock crab, green crab, sculpin and Jonah crab) must be returned to the water and released in the exact capture location with as little harm as possible, escape vents are required as well as biodegradable mechanisms. Regarding bait, consultations with bait supplier showed that the availability of main bait sources (mackerel and herring) has decreased. The industry is considering the use of alternative bait. There is a pilot project on the use of cunner as bait in LFA 27. Homarus Inc., the Research and Development sector of the Union des Pêcheurs des Maritimes, also worked on the development of an alternative and ecological bait using the residues from fish transformation in processing plants. This alternative bait is in its commercialization phase.

8.3.1.3 Endangered, Threatened and Protected (ETP) species. According to MSC Standard v.2.01, ETP species are species recognized by national ETP legislation and/or listed in binding international agreements listed in SA3.1.5.2. Binding in this context refers to the agreement being binding on the parties to the agreement and does not require the state in whose waters the fishery takes place to be a signatory to the agreement for it to be applicable. Also ETP species are species classified as out-of- scope (amphibians, reptiles, birds and mammals) that are listed in the IUCN Red List as vulnerable, endangered or critically endangered.

Table 42 lists ETP species that are found in the SGSL, Scotian Shelf and Bay of Fundy and with which the Maritime Canada inshore lobster trap fishery may potentially interact. Their Species at Risk Act (SARA), Canadian national legislation for ETP species, status is specified.

Table 42. List of ETP species that are found in the SGSL, Scotian Shelf and Bay of Fundy UoA that overlap with ETP Group Species SARA status species distribution Atlantic wolffish, Special concern All Anarhichas lupus Spotted wolffish, Fish Threatened UoAs 3, 4 and 5 Anarhichas minor Northern wolffish, Threatened UoAs 3, 4 and 5 Anarhichas denticulatus Leatherback turtle, Sea turtle Endangered All Dermochelys coriacea North Atlantic right whale (NARW), Eubalaena Endangered All Marine mammals glacialis Blue whale, Endangered All Balaenoptera musculus

There is a variety of sources that provides information on interactions with ETP species. It includes SARA logbooks lobster harvesters are required to complete and return to DFO, the Marine Mammal Interaction Form lobster harvesters are required to complete and return to DFO, marine mammal response networks and turtle observation networks. In addition, incidental catches of wolffish are also recorded during bycatch data collection projects. Note that harvesters are not required to provide information on catches of Atlantic wolffish as this species is listed as Special Concern in SARA. However, there is a standard practice among harvesters to report catches of this wolffish species in their SARA logbooks.

The assessment team determines that the Maritime Canada inshore lobster fishery does not pose a serious risk to ETP species that could hinder their recovery. Catches of wolffish species represent less than 5% of UoAs total catch, and wolffish must be returned to the water and release in tehexact capture location with as little harn as possible. Based on the resuts of the bycatch program research conducted by DFO Gulf and the industry, post-capture mortality is very low.

There has been no report of interactions with whales in the last 5 years. For blue whale, accidental entanglements in fishing gear was classified as low-risk anthropogenic threats in comparison with whale watching and collisions with vessels which were classified as medium-risk anthropogenic threats, and acoustic environmental degradation and food availability which were classified as high-risk anthropogenic threats (DFO 2016b).

According to information reported in SARA logbooks, two leatherback turtles have been caught in lobster traps last year fishing season: 1 in UoA 3 and 1 in UoA 5; both were released alive.

Cumulative impacts are considered for the NARW for which there is a national limit of 0 mortality.

ETP species management strategy 2019 management measures to minise the risk of interaction with the NARW For the Gulf of St Lawrence, the measures were formally announced to fishers by means of a Notice to Fish Harvesters issued on April 12th, 2019 (DFO 2019a). The management measures are similar to the ones applied in 2018 and remain focused on preventing entanglements.

The main adjustments for the 2019 season include: ▪ Adjusting the area closed to snow crab, lobster fisheries and all other non-tended fixed-gear fisheries in Atlantic Canada to include the area where 90% of the North Atlantic Right Whale were sighted last year during the prime fishing season (Figure 32). This area is a little less than half the size it was in 2018 and is more elongated North-to-South than in 2018. The static closure was effective on April 28th, 2019. ▪ Keeping the overall protection area the same in terms of the combined season-long closure area and the area where temporary 15-day closures may occur for snow crab, lobster fisheries and all other non- tended fixed-gear fisheries from the date when right whales are sighted (Figure 32). If NARW are not seen during at least two aerial surveillance flights during the 15 days period, the dynamic closure for the relevant sections will be automatically lifted at the end of the period. ▪ If a NARW is seen in waters between the 10 and 20 fathom shallow water protocol lines, a temporary closure will occur up to the 10 fathom shallow water protocol line. Licence holders will then be required to move their fishing gear close to the coast and will be allowed to continue fishing in waters shallower than 10 fathoms. ▪ If a NARW is seen in waters less than the 10 fathom shallow water protocol line, a temporary closure will occur up to the coast.

Figure 32. North Atlantic Right Whale management measures 2019. The static fishing closure area is in yellow and areas subject to temporary closure protocol are in grey.

Although the focus was on the interactions with NARW and snow crab fishery in the Gulf of St Lawrence in 2017, DFO Maritimes was proactive engaging consultation meetings with the industry. In 2017, DFO Maritimes sent a letter to lobster, snow crab and groundfish advisory committees distribution lists, notifying them of the NARW entanglements in the Gulf of St Lawrence and highlighting that the whales will migrate to their overwintering grounds off the US coast and, in so doing, there would be an increased risk of encountering the whales while fishing within the DFO Maritimes Region. The notification highlighted that as NARW are observed, DFO may close defined areas that pose a risk of entanglement and also asked fishermen to use voluntary practices to help the safe migration of the whales.

A number of changes were introduced in fisheries opening in spring 2018 (LFA 27-32, UoA 3) in order to manage and reduce risks to NARW and other marine mammals. These measures include:

- A requirement for licence holders/operators to report interactions with marine mammals; - A requirement for licence holders/operators to report lost gear;

- Where a secondary buoy is used to mark gear at the surface, a requirement that the distance between the primary buoy and the secondary buoy be no greater than 6.6 m (3.6 fathoms); - Encouragement to minimise the amount of floating rope at the surface of the water, which could include ensuring that rope attaching fishing gear to primary buoy does not remain floating at the surface at high tide after the gear has been set.

New measures have been implemented for the fall fisheries: - In LFA 33 and 34, the maximum length of rope between the primary and secondary buoy is restricted to 18 metres (10 fathoms), - In LFA 38, various gear-related measures are being piloted that reduce the amount of rope in the water.

Lobster harvesters in all LFAs are required to report interactions with marine mammals and lost fishing gear. In 2019, the lost gear requirement is being expanded to require the reporting of gear that has been subsequently retrieved.

Other species The characteristics of lobster fisheries and fishing operations contribute to the low interaction with ETP species: limited fishing season, trap allocationan the fact that losbetr traps are set in shallow waters close to the shore.

Fact sheets including tips on how to disentangle leatherback turtles9 safely and how to handle and release woflffish10 to help increase successful disentanglement and release and improve survival have been published by DFO and distributed to harvesters.

Measures implemented to minimise the risk of interaction with the NAWR may have benefits to other ETP species.

8.3.1.4 Habitats Fishing grounds remain basically the same over time, lobster fishing activities occur on sandy/muddy sediments mixed with gravels which are considered as commonly encountered habitats.

Vulnerable Marine Ecosystems (VMEs) are coral and sponge areas and eel grass (Zostera marina) meadows.

8.3.1.4.1 VMEs spatial distribution UoAs 1 and 2 – SGSL PEI and NB-NS Coral and sponge areas have been mapped in the Gulf of St Lawrence and significant areas have been identified (Figure 33). Figure 33 shows that lobster fishing grounds do not overlap with these significant coral and sponge areas.

Figure 34 indicates the occurrence of eelgrass meadows which are mainly located in the Northumberland Strait (LFAs 25 and 26A).

9 http://www.dfo-mpo.gc.ca/species-especes/publications/sara-lep/leatherback-luth/index-eng.html 10 http://www.dfo-mpo.gc.ca/species-especes/publications/sara-lep/wolffish-loup/tips-conseils-eng.html

Figure 33. Map of the geographical distribution of the lobster average annual landed value and significant coral and sponge areas (blue) in the GSL. Source: http://www.qc.dfo-mpo.gc.ca/golfe-gulf/coraux-eng.html

Figure 34. Spatial distribution of sand beach, marsh, and mud flat (light blue areas). Within light blue areas, dark areas indicate cells located within 10 km of known eelgrass beds. Source: Dutil et al 2012.

UoAs 3, 4 and 5 – Scotian Shelf and Bay of Fundy Coral and sponge significant areas have been identified (Kenchington et al 2016, and DFO 2017b) and are shown in Figure 35. The vast majority of these areas are located in the offhshore portion of the Scotian Shelf while lobster fishing occur within the inshore portion of the Scotian Shelf.

Figure 35. Location of sponge (black outline), sea pen (yellow outline) and large gorgonian (red outline) Significant Benthic Areas as determined from KDE analyses. Note that there are many small polygons for each taxon that are not readily seen at this scale. Details of those can be found in Kenchington et al. 2016. Source: DFO 2017b.

8.3.1.4.2 Coral and sponge conservation areas UoAs 1 and 2 – SGSL PEI and NB-NS In December 2017, 11 coral and sponge conservation areas have been implemented in the Estuary and Gulf of St Lawrence (Figure 36). Fisheries management measures have been implemented and were effective on 15th December 2017 with the release of the Quebec Region Variation Order 2017-Q-10411. Lobster traps, and all other bottom-contact fishing gears, are prohibited in these conservation areas. These coral and sponge closures do not affect lobster fishing.

11 http://www.qc.dfo-mpo.gc.ca/peches-fisheries/commerciale-commercial/documents/2017-Q-104_EN.pdf

Figure 36. Map of areas identified for coral and sponge conservation in the GSL (pink). Source: http://www.qc.dfo-mpo.gc.ca/golfe-gulf/coraux-eng.html.

UoAs 3, 4 and 5 – Scotian Shelf and Bay of Fundy Since 2002, DFO has implemented conservation measures under both the Fisheries Act and the Oceans Act to protect coral and sponge habitats. 5 coral and sponge conservation areas have been implemented in the Scotian Shelf to protect coral and sponge habitats12: - Jordan Basin Conservation Area (Figure 37) established in 2016, and closed to all bottom-contact fishing activities. - Corsair and Georges Canyons Conservation Area (Figure 38) established in 2016. All bottom-contact fishing is restricted in the closure with the exception of two small limited fishing zones which allow red king crab fishing. - Northeast Channel Coral Conservation Area (Figure 39) established in 2002. It is divided into 1) a restricted bottom fisheries zone closed to all bottom fishing gear used for groundfish and invertebrates; 2) a limited bottom fisheries zone currently open only to longline gear for groundfish. - Lophelia Coral Conservation Area (Figure 40) established in 2004. All bottom-contact fishing is prohibited. - Sponge Conservation Areas (Figure 41) established in 2010, and closed to all bottom-contact fishing activities.

12 http://www.dfo-mpo.gc.ca/oceans/ceccsr-cerceef/measures-mesures-eng.html

Figure 37. Jordan Basin Conservation Area.

Figure 38. Corsair and Georges Canyons Conservation Area.

Figure 39. Northeast Channel Coral Conservation Area.

Figure 40. Lophelia Coral Conservation Area.

Figure 41. Sponge Conservation Area.

8.3.1.4.3 Marine Protected Areas (MPAs) Canada developed a MPAs networks strategy that aims to conserve and protect marine species and populations, the diversity and function of ecosystems and marine habitats. Canada’s national netweok of MPAs is currently advanced in 5 priority marine bioregions including the Gulf of St Lawrence and the Scotian Shelf.

UoAs 1 and 2 – SGSL PEI and NB-NS The Basin Hade MPA was established in September 2005 and is located at the Eastern tip of PEI (Figure 42). Basin Head MPA Regulations prohibit activities that disturb, damage, destroy or remove from this Area, living marine organisms or any part of their habitat.

Figure 42. Basin Head MPA. Source: http://www.dfo-mpo.gc.ca/oceans/mpa-zpm/basin-head/index-eng.html

UoAs 3, 4 and 5 – Scotian Shelf and Bay of Fundy The St Anns Bank MPA designation under the Ocean Act was announced on June 8, 201713. It is located east Cape Breton, and includes most of St Anns Bank, Scatarie Bank, and a portion of the Laurentian Slope and Channel (Figure 43). Zone 1 of the MPA has been closed to a number of commercial fishing activities including fishing with traps. This closure affects lobster fishing in LFA 27.

The Musquash Estuary MPA was established in December 2016 and is located in the Bay of Fundy on the New Brunswick coastline (Fisgure 44).

13 http://www.dfo-mpo.gc.ca/oceans/mpa-zpm/stanns-sainteanne-eng.html

Figure 43. St Anns Bank MPA. Source: http://www.dfo-mpo.gc.ca/oceans/mpa-zpm/stanns-sainteanne/index- eng.html

Figure 44. Musquash Estuary MPA. Source: http://www.dfo-mpo.gc.ca/oceans/mpa-zpm/musquash/index- eng.html

Principle 2 Performance Indicator scores and rationales PI 2.1.1 – Primary species outcome UoAs 1 and 2 – SGSL PEI and NB-NS The UoA aims to maintain primary species above the point where recruitment would be impaired (PRI) PI 2.1.1 and does not hinder recovery of primary species if they are below the PRI

Scoring Issue SG 60 SG 80 SG 100

Main primary species stock status Main primary species are likely Main primary species are highly There is a high degree of to be above the PRI. likely to be above the PRI. certainty that main primary species are above the PRI and are OR OR fluctuating around a level consistent with MSY. If the species is below the PRI, If the species is below the PRI, a Guide the UoA has measures in place there is either evidence of post that are expected to ensure that recovery or a demonstrably the UoA does not hinder effective strategy in place recovery and rebuilding. between all MSC UoAs which categorise this species as main, to ensure that they collectively do not hinder recovery and rebuilding. Atlantic mackerel – Yes Atlantic mackerel – Yes Atlantic mackerel – No Met? GSL fall spawner herring – Yes GSL fall spawner herring – Yes GSL fall spawner herring – No Rationale If the species is below the PRI, there is either evidence of recovery or a demonstrably effective strategy in place between all MSC UoAs which categorise this species as main, to ensure that they collectively do not hinder recovery and rebuilding. Main primary species are species used as bait, the Atlantic mackerel and the GSL fall spawner herring purchased from outside the UoAs.

Atlantic mackerel Stock is overfished, 2016 SSB is 59% of the LRP. Therefore Atlantic mackerel stock is considered to be below the PRI. Atlantic mackerel fishery is managed under an IFMP, there is a MLS; and the recent TAC was set below total catches of 14,000 t for which the probability of an increase in biomass is over 80% and which correspond to a low risk of decline under the precautionary approach. The stock assessment suggests that catch levels in recent years have allowed for a slow growth from 2013 to 2016. A slight improvement in age structure has been observed since 2013, with an increase of mackerel of ages 5 and 6, and there were signs that recruitment was higher in 2015 than levels observed in recent years. SSB shows a slight increase from 2016 to 2018. Therefore, the team determines that SG60 and SG80 are met but not SG100.

GSL fall spawner herring SSB is below the upper stock reference level and well above the limit reference point, and overfishing is not occurring. Therefore SG60 and SG80 are met but not SG100. Minor primary species stock status Minor primary species are highly likely to be above the PRI. b Guide OR post

If below the PRI, there is evidence that the UoA does not

Rationale If below the PRI, there is evidence that the UoA does not hinder the recovery and rebuilding of minor primary species.

The only minor primary species is SGSL Atlantic cod caught in trap as an incidental catch. The stock is overfished. It was determined that the extremely high natural mortality is the reason for the lack of recovery of the stock which is experiencing an Allee effect. Fishing mortality is low with negligible impact on the declining population trajectory. a collaborative research project, “Bycatch composition and vitality assessment of species caught as bycatch during the lobster fishery in the Southern Gulf of St Lawrence”, led by DFO Gulf Region has been implemented in 2015. The results of the bycatch study was presented during the Southern Gulf of St Lawrence Lobster Advisory Committee meeting held in January 2017. DFO Gulf also presented the results during the 11th International Conference & Workshop on Lobster Biology and Management that has been held in Portland (Maine, US) in June 2017. Consequences for the status of affected populations have been investigated through the study of bycatch survival by noting injuries and evaluating vitality every minute for 10 minutes. There was no mortality during vitality observations, 98% of observed individuals had no visible injury, there was very little variation in individuals vitality over time. Sorting is manual and bycatch species are quickly returned to water; lobster fishing occurs in shallow waters so there is no everted stomach or bloated swim bladder in fish caught. It was determined that survival of all returned species is very high. Therefore, the team determines that SG100 is met. References DFO 2017a. Composition, quantity, and survival of incidental catch during the southern Gulf of St Lawrence lobster (Homarus americanus) fishery. Presentation made for the 11th International Conference & Workshop on Lobster Biology and Management held in Portland (Maine, US) in June 2017.

DFO 2018e. Assessment of the southern Gulf of St. Lawrence (NAFO Div. 4T) spring and fall spawner components of Atlantic herring (Clupea harengus) with advice for the 2018 and 2019 fisheries. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2018/029. http://www.dfo-mpo.gc.ca/csas-sccs/Publications/SAR-AS/2018/2018_029-eng.html

DFO. 2019e. Assessment of the Atlantic Mackerel stock for the Northwest Atlantic (Subareas 3 and 4) in 2018. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2019/035. http://www.dfo-mpo.gc.ca/csas-sccs/Publications/SAR-AS/2019/2019_035-eng.html

1 Atlantic mackerel 1 of 1 1of 1 0 of 1 ≥80

2 GSL fall spawning herring 1 of 1 1of 1 0 of 1 ≥80

3 SGSL Atlantic cod 0 of 0 0 of 0 1 of 1 ≥80

Draft scoring range Applicable SGs/elements likely met

Information gap indicator Information sufficient to score PI

2 Scoring element 2 X of x X of x X of x

3 Scoring element 3 X of x X of x X of x

4 Scoring element 4 X of x X of x X of x

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

UoAs 3, 4 and 5 – Scotian Shelf and Bay of Fundy The UoA aims to maintain primary species above the point where recruitment would be impaired (PRI) PI 2.1.1 and does not hinder recovery of primary species if they are below the PRI

Scoring Issue SG 60 SG 80 SG 100

The UoA aims to maintain primary species above the point where recruitment would be impaired (PRI) PI 2.1.1 and does not hinder recovery of primary species if they are below the PRI Rationale If the species is below the PRI, there is either evidence of recovery or a demonstrably effective strategy in place between all MSC UoAs which categorise this species as main, to ensure that they collectively do not hinder recovery and rebuilding. Main primary species are species used as bait, the Atlantic mackerel and the 4VWX herring purchased from outside the UoAs.

4VWX herring Three-year moving average decreased in 2017 to be at the LRP for the first time since 2011, therefore the stock is likely to be above the PRI but not highly likely, SG80 and SG100 being not met. Overfishing is not occurring. Herring is purchased from outside the UoAs and the amount of herring used as bait is negligible compared to the volumes of total catch from the herring fishery. Therefore, the team determines that SG80 is met. Minor primary species stock status Minor primary species are highly likely to be above the PRI.

OR Guide b post If below the PRI, there is evidence that the UoA does not hinder the recovery and rebuilding of minor primary species. Met? Yes

Rationale If below the PRI, there is evidence that the UoA does not hinder the recovery and rebuilding of minor primary species.

The only minor primary species is 4X5Y Atlantic cod caught in trap as an incidental catch. The stock is overfished. Despite decline in F, productivity remains low. There is a high probability that the SSB will further decline even in the absence of fishing. Cod is not allowed to be retained and is returned to the water. As per GSA3.4.3,” very low post capture mortality is interpreted as no less than a 90% survival rate. In cases where scientific evidence is not available for the particular fishery, studies pertaining to similar fisheries can be used with appropriate rationales provided.” A collaborative research project, “Bycatch composition and vitality assessment of species caught as bycatch during the lobster fishery in the Southern Gulf of St Lawrence”, led by DFO Gulf Region has been implemented in 2015. The results of the bycatch study was presented during the Southern Gulf of St Lawrence Lobster Advisory Committee meeting held in January 2017. DFO Gulf also presented the results during the 11th International Conference & Workshop on Lobster Biology and Management that has been held in Portland (Maine, US) in June 2017. Consequences for the status of affected populations have been investigated through the study of bycatch survival by noting injuries and evaluating vitality every minute for 10 minutes. There was no mortality during vitality observations, 98% of observed individuals had no visible injury, there was very little variation in individuals vitality over time. Sorting is manual and bycatch species are quickly returned to water; lobster fishing occurs in

The UoA aims to maintain primary species above the point where recruitment would be impaired (PRI) PI 2.1.1 and does not hinder recovery of primary species if they are below the PRI shallow waters so there is no everted stomach or bloated swim bladder in fish caught. It was determined that survival of all returned species is very high. In addition, cod incidental catch level in lobster traps is low. Therefore, the team determines that SG100 is met. References DFO 2017a. Composition, quantity, and survival of incidental catch during the southern Gulf of St Lawrence lobster (Homarus americanus) fishery. Presentation made for the 11th International Conference & Workshop on Lobster Biology and Management held in Portland (Maine, US) in June 2017.

DFO. 2018f. 2018 Assessment of 4VWX Herring. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2018/052. http://www.dfo-mpo.gc.ca/csas-sccs/Publications/SAR-AS/2018/2018_052-eng.html

DFO. 2019h. Stock Assessment of Atlantic Cod (Gadus morhua) in NAFO Divisions 4X5Y. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2019/015. http://www.dfo-mpo.gc.ca/csas-sccs/Publications/SAR-AS/2019/2019_015-eng.html Draft scoring range and information gap indicator added at Announcement Comment Draft Report Applicable SGs likely met per individual scoring Individual scoring elements element Likely scoring For UoAs 3, 4 and 5 element scores SG60 SG80 SG100

1 Atlantic mackerel 1 of 1 1of 1 0 of 1 ≥80

2 4VWX herring 1 of 1 1of 1 0 of 1 ≥80

3 4X5Y Atlantic cod 0 of 0 0 of 0 1 of 1 ≥80

Applicable SGs/elements likely met Likely overall PI score for UoAs 3, Draft scoring range SG60 SG80 SG100 4 and 5 X of x X of x X of x ≥80

Information gap indicator Information sufficient to score PI

2 Scoring element 2 X of x X of x X of x

3 Scoring element 3 X of x X of x X of x

4 Scoring element 4 X of x X of x X of x

Overall Performance Indicator score Applicable SGs/elements met Overall score

The UoA aims to maintain primary species above the point where recruitment would be impaired (PRI) PI 2.1.1 and does not hinder recovery of primary species if they are below the PRI SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 2.1.2 – Primary species management strategy UoAs 1 and 2 – SGSL PEI and NB-NS There is a strategy in place that is designed to maintain or to not hinder rebuilding of primary species, PI 2.1.2 and the UoA regularly reviews and implements measures, as appropriate, to minimise the mortality of unwanted catch Scoring Issue SG 60 SG 80 SG 100

Management strategy in place There are measures in place for There is a partial strategy in There is a strategy in place for the UoA, if necessary, that are place for the UoA, if necessary, the UoA for managing main and expected to maintain or to not that is expected to maintain or to minor primary species. Guide hinder rebuilding of the main not hinder rebuilding of the main a post primary species at/to levels primary species at/to levels which are likely to be above the which are highly likely to be PRI. above the PRI.

Atlantic mackerel – Yes Atlantic mackerel – Yes Atlantic mackerel – N/A GSL fall spawner herring – Yes GSL fall spawner herring – Yes GSL fall spawner herring – N/A Met? Maritime Canada lobster trap Maritime Canada lobster trap Maritime Canada lobster trap fishery - Yes fishery - Yes fishery - Yes Rationale There is a strategy in place for both UoAs for managing main and minor primary species. Primary species are species used as bait that lobster harvesters buy from bait suppliers and are from local or GSL fisheries. None of the primary species used as bait is caught in lobster traps during lobster fishing season.

There is a partial strategy in place that is designed to maintain or to not hinder rebuilding of primary and secondary species. Lobster fishing in the SGSL is limited in time, there is a trap allocation and restrictions in size of traps, fishing effort was reduced though a reduction in the number of licences and traps per licence from 1998 to 2005 and after 2009, all non-target species (except male rock crab, sculpin and cunner) must be returned to the water and released in the exact capture location with as little harm as possible, escape vents are required as well as biodegradable mechanisms. Regarding bait, consultations with bait supplier showed that the availability of main bait sources (mackerel and herring) has decreased. The industry is considering the use of alternative bait made up of mackerel, herring and capelin with the total overall fish required being less than what is usually used. A research project which aims to determine the effectiveness of the alternative bait was implemented in 2018 by the University of PEI and PEI DFARD. Cod is the only minor primary species, is not allowed to be retained and is returned to the water. . It was determined that survival of all returned species is very high. In addition, cod incidental catch level in lobster traps is low. Therefore, the audit team determined that there is a strategy in place for managing main and minor primary species, the fishery meeting SG 60, SG80 and SG100.

Note that as per GSA3.4.2 “If bait is purchased and it is main, teams need to assess the management and information PIs for the bait fishery for all scoring isses at the SG60 80 levels”. It means that SG100 is not scored for bait fisheries. Moreover, all species used as bait come from managed fisheries with harvest strategy in place to maintain stocks at sustainable levels or rebuild overfished stocks. Atlantic mackerel Atlantic mackerel fishery is managed under an IFMP, there is a MLS; and the recent TAC was set below total catches of 14,000 t for which the probability of an increase in biomass is over 80% and which correspond to a low risk of decline under the precautionary approach. New management measures have been implemented in 2017 in the Southern Gulf of St Lawrence to improve monitoring and reporting of catches in mackerel fisheries. These measures include mandatory hail-in reporting estimated weight of catch for every fishing trip and 25% dockside monitoring coverage for landings. The stock assessment suggests that catch levels in recent years have allowed for a slow growth from 2013 to 2016. A slight improvement in age structure has been observed since 2013, with an increase of mackerel of ages 5 and 6, and there were signs that recruitment was higher in 2015 than levels observed in recent years. SSB shows a slight increase from 2016 to 2018.

GSL fall spawner herring The GSL herring fishery is managed under an IFMP, there is a fishing season, a TAC, daily and weekend closures, and a depth restriction. SSB is below the upper stock reference level and well above the limit reference point, and overfishing is not occurring. Therefore, the team determine that SG60 and SG80 are met. Management strategy evaluation The measures are considered There is some objective basis for Testing supports high likely to work, based on plausible confidence that the confidence that the partial Guide argument (e.g., general measures/partial strategy will strategy/strategy will work, b post experience, theory or work, based on some based on information directly comparison with similar information directly about the about the fishery and/or species fisheries/species). fishery and/or species involved. involved. Atlantic mackerel – Yes Atlantic mackerel – Yes Atlantic mackerel – N/A GSL fall spawner herring – Yes GSL fall spawner herring – Yes GSL fall spawner herring – N/A Met? Maritime Canada lobster trap Maritime Canada lobster trap Maritime Canada lobster trap fishery - Yes fishery - Yes fishery - No Rationale There is some objective basis for confidence that the measures/partial strategy will work, based on some information directly about the fishery and/or species involved.

Bait used (species, amount, and condition) is reported. Records show that the amount of bait used shows a general decreasing trend. Regarding the Atlantic mackerel,the industry strongly advocated the improvement of the mackerel fishery management participating in the Mackerel Advisory Committee meetings.

The mackerel stock assessment suggests that catch levels in recent years have allowed for a slow growth from 2013 to 2016. A slight improvement in age structure has been observed since 2013, with an increase of mackerel of ages 5 and 6, and there were signs that recruitment was higher in 2015 than levels observed in recent years. SSB shows a slight increase from 2016 to 2018. GSL fall spawning herring stock assessment shows that SSB is below the upper stock reference level and well above the limit reference point, and overfishing is not occurring.

Therefore, the team determine that SG60 and SG80 are met for the 3 scoring elements. However, there is no testing specific to the Maritime Canada inshore lobster fishery, preventing the fishery from meeting SG100. Management strategy implementation There is some evidence that the There is clear evidence that the measures/partial strategy is partial strategy/strategy is being Guide being implemented successfully. implemented successfully and is c post achieving its overall objective as set out in scoring issue (a). Atlantic mackerel – Yes Atlantic mackerel – N/A GSL fall spawner herring – Yes GSL fall spawner herring – N/A Met? Maritime Canada lobster trap Maritime Canada lobster trap fishery - Yes fishery - Yes Rationale

There is a strategy in place that is designed to maintain or to not hinder rebuilding of primary species, PI 2.1.2 and the UoA regularly reviews and implements measures, as appropriate, to minimise the mortality of unwanted catch There is clear evidence that the partial strategy/strategy is being implemented successfully and is achieving its overall objective as set out in scoring issue (a).

Cod is the only minor primary species, is not allowed to be retained and is returned to the water. . It was determined that survival of all returned species is very high. In addition, cod incidental catch level in lobster traps is low.

Note that as per GSA3.4.2 “If bait is purchased and it is main, teams need to assess the management and information PIs for the bait fishery for all scoring isses at the SG60 80 levels”. It means that SG100 is not scored for bait species. Bait used (species, amount, and condition) is reported. Records show that the amount of bait used shows a general decreasing trend. Regarding the Atlantic mackerel,the industry strongly advocated the improvement of the mackerel fishery management participating in the Mackerel Advisory Committee meetings. Enforcement and compliance data shows that that there is a high compliance with regulations for the lobster fishery in the SGSL.

Therefore, the team determines that SG60 and SG80 are met for the mackerel and herring fisheries, and that SG100 is met for the Maritime Canada inshore lobster trap fishery. Shark finning It is likely that shark finning is not It is highly likely that shark There is a high degree of d Guide taking place. finning is not taking place. certainty that shark finning is not post taking place. Met? NA NA NA

Rationale

Shark species are not caught in lobster traps.

Review of alternative measures There is a review of the potential There is a regular review of the There is a biennial review of the effectiveness and practicality of potential effectiveness and potential effectiveness and alternative measures to minimise practicality of alternative practicality of alternative e Guide UoA-related mortality of measures to minimise UoA- measures to minimise UoA- post unwanted catch of main primary related mortality of unwanted related mortality of unwanted species. catch of main primary species catch of all primary species, and and they are implemented as they are implemented, as appropriate. appropriate. Met? NA NA No

Rationale There are no unwanted catches of main primary species, all main primary species are used as bait and are not caught during the lobster fishing but bought from outside the UoAs. The only minor primary species is Atlantic cod. The team could not find evidence of a biennial review of the potential effectiveness of alternative measures to minimise the UoAs-related mortality of Atlantic cod, preventing the fishery from meeting SG100.

There is a strategy in place that is designed to maintain or to not hinder rebuilding of primary species, PI 2.1.2 and the UoA regularly reviews and implements measures, as appropriate, to minimise the mortality of unwanted catch References DFO. 2014b. Lobster in the Southern Gulf of St. Lawrence. Integrated Fisheries Management Plan, March 2014.

DFO. 2019g. Assessment of Atlantic Cod (Gadus morhua) in the southern Gulf of St. Lawrence (NAFO Div. 4T-4Vn (Nov. – April)) to 2018. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2019/021. http://www.dfo-mpo.gc.ca/csas-sccs/Publications/SAR-AS/2019/2019_021-eng.html Draft scoring range and information gap indicator added at Announcement Comment Draft Report Applicable SGs likely met per individual scoring Likely scoring Individual scoring elements element element scores For both UoAs 1 and 2 for both UoAs 1 SG60 SG80 SG100 and 2 1 Atlantic mackerel 2 of 2 3 of 3 0 of 0 ≥80

2 GSL fall spawning herring 2 of 2 3 of 3 0 of 0 ≥80

3 UoAs 1 and 2 2 of 2 3 of 3 2 of 4 ≥80

Applicable SGs/elements likely met Likely overall PI score for UoAs 1 Draft scoring range SG60 SG80 SG100 and 2 X of x X of x X of x ≥80

Information gap indicator More information sought/Information sufficient to score PI

2 Scoring element 2 X of x X of x X of x

3 Scoring element 3 X of x X of x X of x

4 Scoring element 4 X of x X of x X of x

There is a strategy in place that is designed to maintain or to not hinder rebuilding of primary species, PI 2.1.2 and the UoA regularly reviews and implements measures, as appropriate, to minimise the mortality of unwanted catch Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

UoAs 3, 4 and 5 – Scotian Shelf and Bay of Fundy There is a strategy in place that is designed to maintain or to not hinder rebuilding of primary species, PI 2.1.2 and the UoA regularly reviews and implements measures, as appropriate, to minimise the mortality of unwanted catch Scoring Issue SG 60 SG 80 SG 100

Atlantic mackerel – Yes Atlantic mackerel – Yes Atlantic mackerel – N/A 4VWX herring – Yes 4VWX herring – Yes 4VWX herring – N/A Met? Maritime Canada lobster trap Maritime Canada lobster trap Maritime Canada lobster trap fishery - Yes fishery - Yes fishery - Yes Rationale There is a strategy in place for both UoAs for managing main and minor primary species. Primary species are species used as bait that lobster harvesters buy from bait suppliers and are from local or Scotian Shelf and Bay of Fundy fisheries. None of the primary species used as bait is caught in lobster traps during lobster fishing season.

There is a partial strategy in place that is designed to maintain or to not hinder rebuilding of primary and secondary species. Lobster fishing in the Scotian Shelf and Bay of Fundy is limited in time, there is a trap allocation and restrictions in size of traps, fishing effort was reduced though a reduction in the number of licences and traps per licence from 1998 to 2005 and after 2009, all non-target species (except male rock crab, sculpin, green crab and Jonah crab) must be returned to the water and released in the exact capture location with as little harm as possible, escape vents are required as well as biodegradable mechanisms. Regarding bait, consultations with bait supplier showed that the availability of main bait sources (mackerel and herring) has decreased. The industry is considering the use of alternative bait. There is a pilot project on the use of cunner as bait in LFA 27. Homarus Inc., the Research and Development sector of the Union des Pêcheurs des Maritimes, also worked on the development of an alternative and ecological bait using the residues from fish transformation in processing plants. This alternative bait is in its commercialization phase. Cod is the only minor primary species, is not allowed to be retained and is returned to the water. It was determined that survival of all returned species is very high. In addition, cod incidental catch level in lobster traps is low. Therefore, the audit team determined that there is a strategy in place for managing main and minor primary species, the fishery meeting SG 60, SG80 and SG100.

There is a strategy in place that is designed to maintain or to not hinder rebuilding of primary species, PI 2.1.2 and the UoA regularly reviews and implements measures, as appropriate, to minimise the mortality of unwanted catch Moreover, all species used as bait come from managed fisheries with harvest strategy in place to maintain stocks at sustainable levels or rebuild overfished stocks. Atlantic mackerel Atlantic mackerel fishery is managed under an IFMP, there is a MLS; and the recent TAC was set below total catches of 14,000 t for which the probability of an increase in biomass is over 80% and which correspond to a low risk of decline under the precautionary approach. New management measures have been implemented in 2017 in the Southern Gulf of St Lawrence to improve monitoring and reporting of catches in mackerel fisheries. These measures include mandatory hail-in reporting estimated weight of catch for every fishing trip and 25% dockside monitoring coverage for landings. The stock assessment suggests that catch levels in recent years have allowed for a slow growth from 2013 to 2016. A slight improvement in age structure has been observed since 2013, with an increase of mackerel of ages 5 and 6, and there were signs that recruitment was higher in 2015 than levels observed in recent years. SSB shows a slight increase from 2016 to 2018. Therefore, the team determine that SG60 and G80 are met.

4VWX herring Herring s managed under an IFMP and TAC. Three-year moving average decreased in 2017 to be at the LRP for the first time since 2011. Overfishing is not occurring. Herring is purchased from outside the UoAs and the amount of herring used as bait is negligible compared to the volumes of total catch from the herring fishery. Therefore, the team determine that SG60 and SG80 are met. Management strategy evaluation The measures are considered There is some objective basis for Testing supports high likely to work, based on plausible confidence that the confidence that the partial Guide argument (e.g., general measures/partial strategy will strategy/strategy will work, b post experience, theory or work, based on some based on information directly comparison with similar information directly about the about the fishery and/or species fisheries/species). fishery and/or species involved. involved. Atlantic mackerel – Yes Atlantic mackerel – Yes Atlantic mackerel – N/A GSL fall spawner herring – Yes GSL fall spawner herring – Yes GSL fall spawner herring – N/A Met? Maritime Canada lobster trap Maritime Canada lobster trap Maritime Canada lobster trap fishery - Yes fishery - Yes fishery - No Rationale There is some objective basis for confidence that the measures/partial strategy will work, based on some information directly about the fishery and/or species involved.

The mackerel stock assessment suggests that catch levels in recent years have allowed for a slow growth from 2013 to 2016. A slight improvement in age structure has been observed since 2013, with an increase of mackerel of ages 5 and 6, and there were signs that recruitment was higher in 2015 than levels observed in recent years. SSB shows a slight increase from 2016 to 2018. 4VWX herring three-year moving average decreased in 2017 to be at the LRP for the first time since 2011. Overfishing is not occurring. Herring is purchased from outside the UoAs and the amount of herring used as bait is negligible compared to the volumes of total catch from the herring fishery.

There is a strategy in place that is designed to maintain or to not hinder rebuilding of primary species, PI 2.1.2 and the UoA regularly reviews and implements measures, as appropriate, to minimise the mortality of unwanted catch Management strategy implementation There is some evidence that the There is clear evidence that the measures/partial strategy is partial strategy/strategy is being Guide being implemented successfully. implemented successfully and is c post achieving its overall objective as set out in scoring issue (a). Atlantic mackerel – Yes Atlantic mackerel – N/A GSL fall spawner herring – Yes GSL fall spawner herring – N/A Met? Maritime Canada lobster trap Maritime Canada lobster trap fishery - Yes fishery - Yes Rationale There is clear evidence that the partial strategy/strategy is being implemented successfully and is achieving its overall objective as set out in scoring issue (a).

Cod is the only minor primary species, is not allowed to be retained and is returned to the water. It was determined that survival of all returned species is very high. In addition, cod incidental catch level in lobster traps is low.

Note that as per GSA3.4.2 “If bait is purchased and it is main, teams need to assess the management and information PIs for the bait fishery for all scoring isses at the SG60 80 levels”. It means that SG100 is not scored for bait species. Bait used (species, amount, and condition) is reported. Records show that the amount of bait used shows a general decreasing trend. Regarding the Atlantic mackerel,the industry strongly advocated the improvement of the mackerel fishery management participating in the Mackerel Advisory Committee meetings. Enforcement and compliance data shows that that there is a high compliance with regulations for the lobster fishery in the SGSL.

The mackerel stock assessment suggests that catch levels in recent years have allowed for a slow growth from 2013 to 2016. A slight improvement in age structure has been observed since 2013, with an increase of mackerel of ages 5 and 6, and there were signs that recruitment was higher in 2015 than levels observed in recent years. SSB shows a slight increase from 2016 to 2018. 4VWX herring three-year moving average decreased in 2017 to be at the LRP for the first time since 2011. Overfishing is not occurring. Herring is purchased from outside the UoAs and the amount of herring used as bait is negligible compared to the volumes of total catch from the herring fishery.

Rationale

Shark species are not caught in lobster traps.

Review of alternative measures e There is a review of the potential There is a regular review of the There is a biennial review of the Guide effectiveness and practicality of potential effectiveness and potential effectiveness and post alternative measures to minimise practicality of alternative practicality of alternative UoA-related mortality of measures to minimise UoA- measures to minimise UoA-

There is a strategy in place that is designed to maintain or to not hinder rebuilding of primary species, PI 2.1.2 and the UoA regularly reviews and implements measures, as appropriate, to minimise the mortality of unwanted catch unwanted catch of main primary related mortality of unwanted related mortality of unwanted species. catch of main primary species catch of all primary species, and and they are implemented as they are implemented, as appropriate. appropriate. Met? NA NA No

DFO. 2018f. 2018 Assessment of 4VWX Herring. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2018/052. http://www.dfo-mpo.gc.ca/csas-sccs/Publications/SAR-AS/2018/2018_052-eng.html

DFO. 2019h. Stock Assessment of Atlantic Cod (Gadus morhua) in NAFO Divisions 4X5Y. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2019/015. http://www.dfo-mpo.gc.ca/csas-sccs/Publications/SAR-AS/2019/2019_015-eng.html Draft scoring range and information gap indicator added at Announcement Comment Draft Report Applicable SGs likely met per individual scoring Likely scoring Individual scoring elements element element scores For UoAs 3, 4 and 5 for UoAs 3, 4 and SG60 SG80 SG100 5 1 Atlantic mackerel 2 of 2 3 of 3 0 of 0 ≥80

2 4VWX herring 2 of 2 3 of 3 0 of 0 ≥80

3 UoAs 3, 4 and 5 2 of 2 3 of 3 2 of 4 ≥80

Applicable SGs/elements likely met Likely overall PI score for UoAs 3, Draft scoring range SG60 SG80 SG100 4 and 5 X of x X of x X of x ≥80

Information gap indicator More information sought/Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

There is a strategy in place that is designed to maintain or to not hinder rebuilding of primary species, PI 2.1.2 and the UoA regularly reviews and implements measures, as appropriate, to minimise the mortality of unwanted catch Individual scoring elements Applicable SGs met per individual scoring element Scoring element (add rows as required; delete if not scores scoring by elements) SG60 SG80 SG100 1 Scoring element 1 X of x X of x X of x

2 Scoring element 2 X of x X of x X of x

3 Scoring element 3 X of x X of x X of x

4 Scoring element 4 X of x X of x X of x

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 2.1.3 – Primary species information All UoAs PI Information on the nature and extent of primary species is adequate to determine the risk posed by the UoA and the effectiveness of the strategy to 2.1.3 manage primary species Scoring SG 60 SG 80 SG 100 Issue Information adequacy for assessment of impact on main primary species Qualitative Some Quantitative information is available and is information quantitative adequate to assess with a high degree of is adequate information certainty the impact of the UoA on main to estimate is available primary species with respect to status. the impact and is of the UoA adequate to on the main assess the primary impact of the species with UoA on the respect to main status. primary species with OR respect to status. If RBF is used to score PI OR Guide 2.1.1 for the post UoA: If RBF is used Qualitative to score PI information 2.1.1 for the a is adequate UoA: to estimate Some productivity quantitative and information susceptibility is adequate attributes to assess for main productivity primary and species. susceptibility attributes for main primary species. Atlantic Atlantic mackerel – mackerel – Yes Yes GSL fall GSL fall spawner spawner Atlantic mackerel – N/A herring – Yes herring – Yes GSL fall spawner herring – N/A Met? 4VWX 4VWX 4VWX herring – N/A herring - Yes herring - Yes Maritime Canada lobster trap fishery - No Maritime Maritime Canada Canada lobster trap lobster trap fishery - Yes fishery - Yes

PI Information on the nature and extent of primary species is adequate to determine the risk posed by the UoA and the effectiveness of the strategy to 2.1.3 manage primary species Rationale Some quantitative information is available and is adequate to assess the impact of the UoA on the main primary species with respect to status. Main primary species are Atlantic mackerel, GSL fall spawner herring and 4VWX herring used as bait. These species are not caught in lobster traps but purchased from outside the UoAs. Bait used (species, amount, and condition) is reported in logbooks. Atlantic mackerel, GSL fall spawner herring and 4VWX herring stocks status is assessed. Therefore, the team determines that SG60 and SG80 are met. However, the team determines that the information on bait use (species, amount, origin) recorded cannot be defined as “high degree of certainty” preventing the fishery from meeting SG100.

Note that as per GSA3.4.2 “If bait is purchased and it is main, teams need to assess the management and information PIs for the bait fishery for all scoring isses at the SG60 80 levels”. It means that SG100 is not scored for bait species. Atlantic mackerel New management measures have been implemented in 2017 in the SGSL to improve monitoring and reporting of catches in mackerel fisheries. These measures include mandatory hail-in reporting estimated weight of catch for every fishing trip and 25% dockside monitoring coverage for landings. Atlantic mackerel stock status is assessed. Therefore, the team determines that SG60 and SG80 are met.

GSL fall spawner herring The fishery is subject to 100% dockside monitoring since 2000 in most Herring Fishing Areas. In addition, DFO conduct interviews with herring gillnet fishers. GSL fall spawner herring stock status is assessed. Therefore, the team determines that SG60 and SG80 are met.

4VWX herring Landings are recorded and there is an observer program in place. 4VWX herring stock status is assessed. Therefore, the team determines that SG60 and SG80 are met.

Information adequacy for assessment of impact on minor primary species Some quantitative information is adequate to b Guide estimate the impact of the UoA on minor post primary species with respect to status. Met? Yes

Rationale Some quantitative information is adequate to estimate the impact of the UoA on minor primary species with respect to status. Minor primary species are GSL cod and 4X5Y doc. The level of cod incidental catch in all UoAs is low estimated to be less than 2% of UoAs total catch. Both cod stocks are assessed. c Information adequacy for management strategy Information Information Information is adequate to support a strategy Guide is adequate is adequate to manage all primary species, and evaluate post to support to support a with a high degree of certainty whether the measures to partial strategy is achieving its objective.

PI Information on the nature and extent of primary species is adequate to determine the risk posed by the UoA and the effectiveness of the strategy to 2.1.3 manage primary species manage strategy to main manage primary main species. primary species. Atlantic Atlantic mackerel – mackerel – Yes Yes GSL fall GSL fall spawner spawner herring – Yes herring – Yes Met? No 4VWX 4VWX herring - Yes herring - Yes Maritime Maritime Canada Canada lobster trap lobster trap fishery - Yes fishery - Yes Rationale Information is adequate to support a partial strategy to manage main primary species.

Main primary species are Atlantic mackerel, GSL fall spawner herring and 4VWX herring used as bait. These species are not caught in lobster traps but purchased from outside the UoAs. Bait used (species, amount, and condition) is reported in logbooks. Atlantic mackerel, GSL fall spawner herring and 4VWX herring stocks status is assessed.

Therefore, the team determines that SG60 and SG80 are met. However, the team determines that the information on bait use (species, amount, origin) recorded cannot be defined as “high degree of certainty” preventing the fishery from meeting SG100.

Note that as per GSA3.4.2 “If bait is purchased and it is main, teams need to assess the management and information PIs for the bait fishery for all scoring isses at the SG60 80 levels”. It means that SG100 is not scored for bait species. Atlantic mackerel New management measures have been implemented in 2017 in the SGSL to improve monitoring and reporting of catches in mackerel fisheries. These measures include mandatory hail-in reporting estimated weight of catch for every fishing trip and 25% dockside monitoring coverage for landings. Atlantic mackerel stock status is assessed. Therefore, the team determines that SG60 and SG80 are met.

4VWX herring Landings are recorded and there is an observer program in place. 4VWX herring stock status is assessed. Therefore, the team determines that SG60 and SG80 are met.

PI Information on the nature and extent of primary species is adequate to determine the risk posed by the UoA and the effectiveness of the strategy to 2.1.3 manage primary species References DFO 2017a. Composition, quantity, and survival of incidental catch during the southern Gulf of St Lawrence lobster (Homarus americanus) fishery. Presentation made for the 11th International Conference & Workshop on Lobster Biology and Management held in Portland (Maine, US) in June 2017.

DFO 2018a. LFA 33-35: New reporting requirements for the 2018/2019 lobster season.

Notice to Fish Harvesters, Maritimes Region, September 11th, 2019. DFO. 2019h. Stock

Assessment of Atlantic DFO 2018e. Assessment of the southern Gulf of St. Lawrence (NAFO Div. 4T) spring and fall Cod (Gadus morhua) in spawner components of Atlantic herring (Clupea harengus) with advice for the 2018 and NAFO Divisions 4X5Y. 2019 fisheries. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2018/029. DFO Can. Sci. Advis. http://www.dfo-mpo.gc.ca/csas-sccs/Publications/SAR-AS/2018/2018_029-eng.html Sec. Sci. Advis. Rep.

2019/015. DFO. 2018f. 2018 Assessment of 4VWX Herring. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. http://www.dfo- 2018/052. mpo.gc.ca/csas- http://www.dfo-mpo.gc.ca/csas-sccs/Publications/SAR-AS/2018/2018_052-eng.html sccs/Publications/SAR-

AS/2019/2019_015- DFO. 2019e. Assessment of the Atlantic Mackerel stock for the Northwest Atlantic (Subareas eng.html 3 and 4) in 2018. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2019/035. http://www.dfo-mpo.gc.ca/csas-sccs/Publications/SAR-AS/2019/2019_035-eng.html

DFO. 2019g. Assessment of Atlantic Cod (Gadus morhua) in the southern Gulf of St. Lawrence (NAFO Div. 4T-4Vn (Nov. – April)) to 2018. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2019/021. http://www.dfo-mpo.gc.ca/csas-sccs/Publications/SAR-AS/2019/2019_021-eng.html Draft scoring range and information gap indicator added at Announcement Comment Draft Report Individual Applicable SGs likely scoring met per individual Likely scoring element scores elements scoring element For all UoAs SG60 SG80 SG100 Atlantic 2 of 1 mackerel 2 of 2 0 of 0 ≥80 2 (all UoAs) GSL fall spawning 2 of 2 herring 2 of 2 0 of 0 ≥80 2 (UoA s 1 and 2) 4VWX herring 2 of 3 2 of 2 0 of 0 ≥80 (UoA s 3, 4 2 and 5) 2 of 4 All UoAs 2 of 2 1 of 3 ≥80 2 Applicable Draft scoring SGs/elements likely Likely overall PI score for all UoAs range met

PI Information on the nature and extent of primary species is adequate to determine the risk posed by the UoA and the effectiveness of the strategy to 2.1.3 manage primary species SG60 SG80 SG100 X of X of x X of x ≥80 x Information gap More information sought/Information sufficient to score PI indicator Overall Performance Indicator scores added from Client and Peer Review Draft Report Individual Applicable SGs met per scoring individual scoring elements element (add rows as Scoring element scores required; delete SG60 SG80 SG100 if not scoring by elements) Scoring X of 1 X of x X of x element 1 x Scoring X of 2 X of x X of x element 2 x Scoring X of 3 X of x X of x element 3 x Scoring X of 4 X of x X of x element 4 x Applicable Overall SGs/elements met Overall score Performance SG60 SG80 SG100 Indicator score X of X of x X of x x Condition number (if relevant)

PI 2.2.1 – Secondary species outcome UoAs 1 and 2 – SGSL PEI and NB-NS The UoA aims to maintain secondary species above a biologically based limit and does not hinder PI 2.2.1 recovery of secondary species if they are below a biological based limit Scoring Issue SG 60 SG 80 SG 100

Main secondary species stock status Main secondary species are Main secondary species are There is a high degree of likely to be above biologically highly likely to be above certainty that main secondary based limits. biologically based limits. species are above biologically based limits. OR OR

If below biologically based limits, If below biologically based limits, there are measures in place there is either evidence of expected to ensure that the UoA recovery or a demonstrably does not hinder recovery and effective partial strategy in place rebuilding. such that the UoA does not a Guide hinder recovery and rebuilding. post AND Where catches of a main secondary species outside of biological limits are considerable, there is either evidence of recovery or a, demonstrably effective strategy in place between those MSC UoAs that have considerable catches of the species, to ensure that they collectively do not hinder recovery and rebuilding. Met? N/A N/A N/A

Rationale

There are no main secondary species.

Minor secondary species stock status Minor secondary species are highly likely to be above biologically based limits.

OR Guide b post If below biologically based limits’, there is evidence that the UoA does not hinder the recovery and rebuilding of secondary species Met? Yes

Rationale

The UoA aims to maintain secondary species above a biologically based limit and does not hinder PI 2.2.1 recovery of secondary species if they are below a biological based limit The team elected to not score minor secondary species using the RBF. Minor secondary species are listed in Table 41 of section 8.3.1.2.1. As per PF5.3.2.1, if the team has not scored minor species using the PSA analysis (RBF), the final PI score shall not be greater than 80. Although the status of minor secondary species related to biologically based limits is unknow, there is evidence that UoAs does not hinder the recovery and rebuilding of secondary species. There is strong scientific evidence that non-target species are release alive with very low post-capture mortality. A collaborative research project, “Bycatch composition and vitality assessment of species caught as bycatch during the lobster fishery in the Southern Gulf of St Lawrence”, led by DFO Gulf Region has been implemented in 2015. It was determined that survival of all returned species is very high with 98% of observed individuals had no visible injury, no mortality observed during vitality observations and there is no everted stomach or bloated swim bladder in fish caught. References DFO 2017a. Composition, quantity, and survival of incidental catch during the southern Gulf of St Lawrence lobster (Homarus americanus) fishery. Presentation made for the 11th International Conference & Workshop on Lobster Biology and Management held in Portland (Maine, US) in June 2017.

DFO. 2019f. Update to 2017 of the fishery indicators for rock crab (Cancer irroratus) in the southern Gulf of St. Lawrence. DFO Can. Sci. Advis. Sec. Sci. Resp. 2019/007. http://www.dfo-mpo.gc.ca/csas-sccs/Publications/ScR-RS/2019/2019_007-eng.html Draft scoring range and information gap indicator added at Announcement Comment Draft Report Applicable SGs likely met per individual scoring Individual scoring elements element Likely scoring For UoAs 1 and 2 element scores SG60 SG80 SG100

1 Minor secondary species 0 of 0 0 of 0 1 of 1 ≥80

2 Scoring element 2 X of x X of x X of x

Applicable SGs/elements likely met Likely overall PI score for UoAs 1 Draft scoring range SG60 SG80 SG100 and 2 X of x X of x X of x ≥80

Information gap indicator More information sought/Information sufficient to score PI

2 Scoring element 2 X of x X of x X of x

3 Scoring element 3 X of x X of x X of x

4 Scoring element 4 X of x X of x X of x

Overall Performance Indicator score Applicable SGs/elements met Overall score

The UoA aims to maintain secondary species above a biologically based limit and does not hinder PI 2.2.1 recovery of secondary species if they are below a biological based limit SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

UoAs 3, 4 and 5 – Scotian Shelf and Bay of Fundy The UoA aims to maintain secondary species above a biologically based limit and does not hinder PI 2.2.1 recovery of secondary species if they are below a biological based limit Scoring Issue SG 60 SG 80 SG 100

Rationale

There are no main secondary species.

Minor secondary species stock status Minor secondary species are highly likely to be above b biologically based limits. Guide post OR

If below biologically based limits’, there is evidence that the

The UoA aims to maintain secondary species above a biologically based limit and does not hinder PI 2.2.1 recovery of secondary species if they are below a biological based limit UoA does not hinder the recovery and rebuilding of secondary species Met? Yes

Rationale The team elected to not score minor secondary species using the RBF. Minor secondary species are listed in Table 41 of section 8.3.1.2.1. As per PF5.3.2.1, if the team has not scored minor species using the PSA analysis (RBF), the final PI score shall not be greater than 80. Cusk is one of the species defined as minor. Cusk is not allowed to be retained and is returned to the water. According to the most recent stock assessment, current three-year geometric mean of the cusk biomass remains above the LRP since 2008. Although the status of minor secondary species related to biologically based limits is unknow, there is evidence that UoAs does not hinder the recovery and rebuilding of secondary species. There is strong scientific evidence that non-target species are release alive with very low post-capture mortality. A collaborative research project, “Bycatch composition and vitality assessment of species caught as bycatch during the lobster fishery in the Southern Gulf of St Lawrence”, led by DFO Gulf Region has been implemented in 2015. It was determined that survival of all returned species is very high with 98% of observed individuals had no visible injury, no mortality observed during vitality observations and there is no everted stomach or bloated swim bladder in fish caught. References DFO 2017a. Composition, quantity, and survival of incidental catch during the southern Gulf of St Lawrence lobster (Homarus americanus) fishery. Presentation made for the 11th International Conference & Workshop on Lobster Biology and Management held in Portland (Maine, US) in June 2017.

DFO. 2018g. Stock Status Update on the Status of Cusk (Brosme brosme) in NAFO Divisions 4VWX5Z. DFO Can. Sci. Advis. Sec. Sci. Resp. 2018/009. http://www.dfo-mpo.gc.ca/csas-sccs/Publications/ScR-RS/2018/2018_009-eng.html Draft scoring range and information gap indicator added at Announcement Comment Draft Report Applicable SGs likely met per individual scoring Individual scoring elements element Likely scoring For UoAs 1 and 2 element scores SG60 SG80 SG100

1 Minor secondary species 0 of 0 0 of 0 1 of 1 ≥80

2 Scoring element 2 X of x X of x X of x

Applicable SGs/elements likely met Likely overall PI score for UoAs 1 Draft scoring range SG60 SG80 SG100 and 2 X of x X of x X of x ≥80

Information gap indicator More information sought/Information sufficient to score PI

The UoA aims to maintain secondary species above a biologically based limit and does not hinder PI 2.2.1 recovery of secondary species if they are below a biological based limit 2 Scoring element 2 X of x X of x X of x

3 Scoring element 3 X of x X of x X of x

4 Scoring element 4 X of x X of x X of x

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 2.2.2 – Secondary species management strategy All UoAs There is a strategy in place for managing secondary species that is designed to maintain or to not hinder PI 2.2.2 rebuilding of secondary species and the UoA regularly reviews and implements measures, as appropriate, to minimise the mortality of unwanted catch

Scoring Issue SG 60 SG 80 SG 100

Management strategy in place There are measures in place, if There is a partial strategy in There is a strategy in place for necessary, which are expected to place, if necessary, for the UoA the UoA for managing main and maintain or not hinder rebuilding that is expected to maintain or minor secondary species. of main secondary species at/to not hinder rebuilding of main a Guide levels which are highly likely to secondary species at/to levels post be above biologically based limits which are highly likely to be or to ensure that the UoA does above biologically based limits or not hinder their recovery. to ensure that the UoA does not hinder their recovery. Met? N/A N/A Yes

Rationale There is a strategy in place for the UoA for managing main and minor secondary species. There are no main secondary species. There is a partial strategy in place that is designed to maintain or to not hinder rebuilding of primary and secondary species. Lobster fishing in the SGSL, the Scotian Shelf and Bay of Fundy is limited in time, there is a trap allocation and restrictions in size of traps, fishing effort was reduced though a reduction in the number of licences and traps per licence from 1998 to 2005 and after 2009, all non-target species (except male rock crab, sculpin, cunner, green crab and Jonah crab) must be returned to the water and released in the exact capture location with as little harm as possible, escape vents are required as well as biodegradable mechanisms. Therefore, the team concludes that SG100 is met. Management strategy evaluation The measures are considered There is some objective basis for Testing supports high confidence likely to work, based on plausible confidence that the that the partial strategy/strategy b Guide argument (e.g. general measures/partial strategy will will work, based on information post experience, theory or work, based on some directly about the UoA and/or comparison with similar information directly about the species involved. UoAs/species). UoA and/or species involved. UoAs 1 and 2 – Yes Met? Yes Yes UoAs 3, 4 and 5 – No Rationale There is some objective basis for confidence that the measures/partial strategy will work, based on some information directly about the UoA and/or species involved. The level of incidental catches is low in lobster fisheries. All non-target species (except male rock crab, sculpin, cunner, green crab and Jonah crab) must be returned to the water and released in the exact capture location with as little harm as possible. As per GSA3.4.3,” very low post capture mortality is interpreted as no less than a 90% survival rate. In cases where scientific evidence is not available for the particular fishery, studies pertaining to similar fisheries can be used with appropriate rationales provided.” A collaborative research project, “Bycatch composition and vitality assessment of species caught as bycatch during the lobster fishery in the Southern Gulf of St Lawrence”, led by DFO Gulf Region has been implemented in 2015. The results of the bycatch study was presented during the Southern Gulf of St Lawrence Lobster Advisory Committee meeting held in January 2017. DFO Gulf also presented the results during the 11th International Conference & Workshop on Lobster Biology and Management that has been held in Portland (Maine, US) in June 2017. Consequences for the status of affected populations have been investigated

There is a strategy in place for managing secondary species that is designed to maintain or to not hinder PI 2.2.2 rebuilding of secondary species and the UoA regularly reviews and implements measures, as appropriate, to minimise the mortality of unwanted catch through the study of bycatch survival by noting injuries and evaluating vitality every minute for 10 minutes. There was no mortality during vitality observations, 98% of observed individuals had no visible injury, there was very little variation in individuals vitality over time. Sorting is manual and bycatch species are quickly returned to water; lobster fishing occurs in shallow waters so there is no everted stomach or bloated swim bladder in fish caught. It was determined that survival of all returned species is very high. In addition, cod incidental catch level in lobster traps is low.

Therefore, all UoAs met SG60 and SG80. However, given that the investigation on the survival of incidental catches have been carried out for the lobster fishery in the SGSL but not for the lobster fishery in the Scotian Shelf and Bay of Fundy, the team determines that UoAs 1 and 2 met SG100 but not UoAs 3, 4 and 5. Management strategy implementation There is some evidence that the There is clear evidence that the measures/partial strategy is partial strategy/strategy is being c Guide being implemented successfully. implemented successfully and is post achieving its objective as set out in scoring issue (a). Met? Yes Yes

Rationale There is clear evidence that the partial strategy/strategy is being implemented successfully and is achieving its objective as set out in scoring issue (a). The level of incidental catches is low and there is evidence that individuals are released alive and that pos-capture mortality is very low. Moreover, a comprehensive monitoring, control and surveillance system continues to be implemented in the fishery and compliance to regulations remains very high with a level of recidivism in the fishery to be extremely low.

Therefore, the team determines that SG80 ad SG100 are met. Shark finning It is likely that shark finning is not It is highly likely that shark There is a high degree of d Guide taking place. finning is not taking place. certainty that shark finning is not post taking place. Met? NA NA NA

Rationale

No secondary species are sharks.

Review of alternative measures to minimise mortality of unwanted catch There is a review of the potential There is a regular review of the There is a biennial review of the effectiveness and practicality of potential effectiveness and potential effectiveness and alternative measures to minimise practicality of alternative practicality of alternative e Guide UoA-related mortality of measures to minimise UoA- measures to minimise UoA- post unwanted catch of main related mortality of unwanted related mortality of unwanted secondary species. catch of main secondary species catch of all secondary species, and they are implemented as and they are implemented, as appropriate. appropriate. Met? NA NA No

Rationale

There is a strategy in place for managing secondary species that is designed to maintain or to not hinder PI 2.2.2 rebuilding of secondary species and the UoA regularly reviews and implements measures, as appropriate, to minimise the mortality of unwanted catch There are no main secondary species. Unwated catches are minor secondary species returned to the water. The team could not find evidence of a biennial review of the potential effectiveness of alternative measures to minimise the UoAs-related mortality of minor secondary species, preventing the fishery from meeting SG100. References DFO 2017a. Composition, quantity, and survival of incidental catch during the southern Gulf of St Lawrence lobster (Homarus americanus) fishery. Presentation made for the 11th International Conference & Workshop on Lobster Biology and Management held in Portland (Maine, US) in June 2017. Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Individual scoring elements Applicable SGs likely met per individual scoring Likely scoring (add rows as required; delete if not element element scores scoring by elements) SG60 SG80 SG100

1 Scoring element 1 X of x X of x X of x

2 Scoring element 2 X of x X of x X of x

3 Scoring element 3 X of x X of x X of x

4 Scoring element 4 X of x X of x X of x

Draft scoring range Applicable SGs/elements likely met Likely overall PI

SG60 SG80 SG100 score

UoAs 1 and 2 1 of 1 2 of 2 3 of 4 ≥80

UoA s 3, 4 and 5 1 of 1 2 of 2 2 of 4 ≥80

Information gap indicator More information sought/Information sufficient to score PI

2 Scoring element 2 X of x X of x X of x

3 Scoring element 3 X of x X of x X of x

4 Scoring element 4 X of x X of x X of x

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 2.2.3 – Secondary species information All UoAs Information on the nature and amount of secondary species taken is adequate to determine the risk PI 2.2.3 posed by the UoA and the effectiveness of the strategy to manage secondary species Scoring Issue SG 60 SG 80 SG 100

Information adequacy for assessment of impacts on main secondary species Qualitative information is Some quantitative information is Quantitative information is adequate to estimate the impact available and adequate to assess available and adequate to assess of the UoA on the main the impact of the UoA on main with a high degree of certainty secondary species with respect secondary species with respect the impact of the UoA on main to status. to status. secondary species with respect to status. OR OR a Guide post If RBF is used to score PI 2.2.1 for If RBF is used to score PI 2.2.1 for the UoA: the UoA:

Qualitative information is Some quantitative information is adequate to estimate adequate to assess productivity productivity and susceptibility and susceptibility attributes for attributes for main secondary main secondary species. species. Met? N/A N/A N/A

Rationale

There are no main secondary species.

Information adequacy for assessment of impacts on minor secondary species Some quantitative information is b Guide adequate to estimate the impact post of the UoA on minor secondary species with respect to status.

Met? Yes

Rationale Some quantitative information is adequate to estimate the impact of UoAs on minor secondary species with respect to status. The level of incidental catches is low and there is evidence that individuals are released alive and that pos-capture mortality is very low.

Catches of species allowed to be retained are reported in logbooks. A collaborative research project, “Bycatch composition and vitality assessment of species caught as bycatch during the lobster fishery in the Southern Gulf of St Lawrence”, led by DFO Gulf Region has been implemented in 2015. Non-target species monitoring continues to be conducted in UoA 2 by the the Cape Breton Fish Harvesters Association (CBFHA), the Guysborough County Inshore Fishermen’s Association (GCIFA) and the Eastern Shore Fishermen’s Protective Association. The FSRS conducted at-sea survey of lobster fishing trips between November 2005 and July 2006 in the Eastern Nova Scotia (UoA 3). Eastern Nova Scotia (UoA 3) and Southwest Nova Scotia (UoA 4) lobster fisheries were at-sea sampled for incidental catches during 2009-2010 fishing season Information on incidental catches in lobster fishery in the Bay of Fundy (UoA 5) was collected during an at-sea sampling

Information on the nature and amount of secondary species taken is adequate to determine the risk PI 2.2.3 posed by the UoA and the effectiveness of the strategy to manage secondary species The Cape Breton Fish Harvesters Association (CBFHA) has agreed to collect data on cunner and report the impact the fishery is having on this species. DFO Maritimes implemented an at-sea observer program in LFAs 33 (UoA 2), 34 (UoA 4) and 35 (UoA 5) in September 2018. In addition, the Southwest Lobster Science Society (SWLSS) implemented a pilot industry-led at-sea bycatch monitoring project for LFAs 33, 34 and 35 which was approved by DFO in April 2018. Information adequacy for management strategy Information is adequate to Information is adequate to Information is adequate to support measures to manage support a partial strategy to support a strategy to manage all c Guide main secondary species. manage main secondary species. secondary species, and evaluate post with a high degree of certainty whether the strategy is achieving its objective. Met? N/A N/A No

Rationale There are no main secondary species. The team determines that quantitative information is not adequate to assess with a high degree of certainty whether the strategy is achieving its objectives, preventing the fishery from meeting SG100. References

List any references here, including hyperlinks to publicly-available documents.

Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Applicable SGs/elements likely met Likely overall PI score for all Draft scoring range for all UoAs SG60 SG80 SG100 UoAs 0 of 0 0 of 0 1 of 2 ≥80

Information gap indicator Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 2.3.1 – ETP species outcome All UoAs The UoA meets national and international requirements for the protection of ETP species PI 2.3.1 The UoA does not hinder recovery of ETP species Scoring Issue SG 60 SG 80 SG 100

Effects of the UoA on population/stock within national or international limits, where applicable Where national and/or Where national and/or Where national and/or international requirements set international requirements set international requirements set limits for ETP species, the effects limits for ETP species, the limits for ETP species, there is a Guide of the UoA on the population/ combined effects of the MSC high degree of certainty that the a post stock are known and likely to be UoAs on the population /stock combined effects of the MSC within these limits. are known and highly likely to be UoAs are within these limits. within these limits. Wolffish - NA Wolffish - NA Wolffish - NA Leatherback turtle - NA Leatherback turtle - NA Leatherback turtle - NA Met? Blue whale - NA Blue whale - NA Blue whale - NA NARW - Yes NARW - No NARW – Not scored Rationale National limit is set only for the NARW which is 0 mortality. According to GSA3.10 (when there is no international limit set) and MSC 2016 interpretation on cumulative impacts, the team considers the combined impacts of only Canada UoAs certified or assessed using FCR v.2.0 and Standard v.2.o1, which are GSL snow crab trap fishery, Scotian Shelf snow crab trap fishery, the Newfoundland & Labrador snow crab trap fishery, the Îles-de- la-Madeleine lobster trap fishery and the Gaspésie lobster trap. SG100 is not scored as per FCP 7.17.7.3.

The national limit for the protection and rebuilding of the NARW is a zero-mortality. In the U.S., the PBR has been set as a limit and is 1 per year for NARW. There is no international limit set through an international agreement for the NARW. NARW mortality and entanglement incidents involving the lobster trap fishery have not been reported in the last decade. The probability of interaction between the lobster fishey and NARW is very low based on the fishing effort distribution and lobster fishing operations. Lobster traps are set very close to the shore in shallow waters. The assessment team determines that the effects of the UoA on NARW population are likely to be within the national limit, SG60 is met. In 2017, an unprecedented NARW mortality event occurred in the GSL. Necropsies were performed on 7 of the 12 dead whales, it was confirmed that 2 of the NARW mortalities was caused by an entanglement in commercial snow crab fishing gear. In 2018, mortality of NAWR due to entanglement in fishing gear in Canada waters have not been observed. However, 3 entanglements have been reported among which 2 in the GSL and 1 either form the GSL or the Bay of Fundy. The team takes into account the injuries from entanglements that may result in mortality and the uncertainty about the condition of one of the NARW released, and determines that the combined effects of the Canada UoAs certified or assessed using FCR v.2.0 or Standard v.2.01 are not highly likely to within the national limit for the protection and the rebuilding of the NARW, SG80 is not met. Direct effects Known direct effects of the UoA Direct effects of the UoA are There is a high degree of are likely to not hinder recovery highly likely to not hinder confidence that there are no Guide of ETP species. recovery of ETP species. significant detrimental direct b post effects of the UoA on ETP species. Wolffish - Yes Wolffish - Yes Wolffish - Yes Leatherback turtle - Yes Leatherback turtle - Yes Leatherback turtle - No Met? Blue whale - Yes Blue whale - Yes Blue whale - Yes NARW - Yes NARW - Yes NARW – Not scored

The UoA meets national and international requirements for the protection of ETP species PI 2.3.1 The UoA does not hinder recovery of ETP species Rationale Direct effects of the UoA are highly likely to not hinder recovery of ETP species. Wolffish species Incidetal catches are recorded by incidental catches survey and reported by harvesters in the SARA logbooks. The incidental catches of wolffish is estimated to be low. In addition, post-release survival of wolffish caught in lobster traps have been shown to be high. A collaborative research project, “Bycatch composition and vitality assessment of species caught as bycatch during the lobster fishery in the Southern Gulf of St Lawrence”, led by DFO Gulf Region has been implemented in 2015. It was determined that survival of all returned species is very high with 98% of observed individuals had no visible injury, no mortality observed during vitality observations and there is no everted stomach or bloated swim bladder in fish caught. Therefore the fishery meets SG60, SG80 and SG100.

Leatherback turtle According to information reported in SARA logbooks, leatherback turtle have not been caught in lobster trap in the SGSL. However, two leatherback turtles have been caught in lobster traps last year fishing season: 1 in UoA 3 and 1 in UoA 5; both were released alive. Therefore the fishery meets SG60 and SG80, however the team determines that SG100 is not met as non-recorded and no- observed interactions could potentially occur.

Blue whale Accidental entanglements in fishing gear was classified as low risk anthropogenic threats in comparison with whale watching and collisions with vessels which were classified as medium-risk anthropogenic threats, and acoustic environmental degradation and food availability which were classified as high-risk anthropogenic threats. There have been no reported or observed blue whale inteactions with the lobster trap fishery. Therefore the assessment team determine that SG60, SG80 ad SG100 are met.

NARW NARW mortality and entanglement incidents involving the lobster trap fishery have not been reported in the last decade. The probability of interaction between the lobster fishey and NARW is very low based on the fishing effort distribution and lobster fishing operations. Lobster traps are set very close to the shore in shallow waters (verified by the assessment team during the initial assessment site visit). Therefore the assessment team determine that both SG60 and SG80 are met. SG100 is not scored as per FCP 7.17.7.3. Indirect effects Indirect effects have been There is a high degree of considered for the UoA and are confidence that there are no Guide thought to be highly likely to not significant detrimental indirect post c create unacceptable impacts. effects of the UoA on ETP species. Wolffish - Yes Wolffish - Yes Leatherback turtle - Yes Leatherback turtle - Yes Met? Blue whale - Yes Blue whale - Yes NARW - Yes NARW – not scored Rationale There is a high degree of confidence that there are no significant detrimental indirect effects of the UoA on ETP species. Wolffish species The lobster trap fishery does not interact with the food sources of wolffish species. Lobster traps are higly unlikely to damage wolffish habitats. Therefore the fishery meets SG80 and SG100.

The UoA meets national and international requirements for the protection of ETP species PI 2.3.1 The UoA does not hinder recovery of ETP species Leatherback turtle The lobster trap fishery does not interact with the food sources of leatherback turtle. Entanglement in fishing gear can limit leatherback turtle’s ability to feed, dive, breath or perform other essential behavior. Lobster fishery interactions with leatherback turtle has not been reported in the lobster fishery. Therefore the fishery meets SG80 and SG100.

Blue whale Food availability is classified as one of the high-risk anthropogenic threats. The lobster trap fishery does not interact with the food sources of blue whale. Entanglement in fishing gear can lead to infection, difficulty moving about and feeding to the point where reproduction and survival can be compromised. Accidental entanglements in fishing gear was classified as low risk anthropogenic threats. There have been no reported or observed blue whale inteactions with the lobster trap fishery. Therefore the assessment team determines that SG80 AND SG100 are met.

NARW The lobster trap fishery does not interact with the food sources of NARW. Entanglement in fishing gear can lead to infection, difficulty moving about and feeding to the point where reproduction and survival can be compromised. The probability of interaction between the lobster fishey and NARW is very low based on the fishing effort distribution and lobster fishing operations. Lobster traps are set very close to the shore in shallow waters. Therefore the assessment team determines that SG80 is met. SG100 is not scored as per FCP 7.17.7.3. References DFO 2017a. Composition, quantity, and survival of incidental catch during the southern Gulf of St Lawrence lobster (Homarus americanus) fishery. Presentation made for the 11th International Conference & Workshop on Lobster Biology and Management held in Portland (Maine, US) in June 2017.

Daoust, P.-Y., Couture, E.L., Wimmer, T., and Bourque, L. 2017. Incident Report: North Atlantic Right Whale Mortality Event in the Gulf of St. Lawrence, 2017. Collaborative Report Produced by: Canadian Wildlife Health Cooperative, Marine Animal Response Society, and Fisheries and Oceans Canada. 224 pp. December 29th 2017, modified from October 5th 2017. http://www.cwhc-rcsf.ca/right_whales.php

1 Wolffish species 1 of 1 2 of 2 2 of 2 ≥80

2 Leatherback turtle 1 of 1 2 of 2 1 of 2 ≥80

3 Blue whale 1 of 1 2 of 2 2 of 2 ≥80

4 NARW 2 of 2 2 of 3 0 of 0 60 – 79

Applicable SGs/elements likely met Likely overall PI score for all Draft scoring range SG60 SG80 SG100 UoAs X of x X of x X of x 60 – 79

Information gap indicator More information sought/Information sufficient to score PI

The UoA meets national and international requirements for the protection of ETP species PI 2.3.1 The UoA does not hinder recovery of ETP species Overall Performance Indicator scores added from Client and Peer Review Draft Report Individual scoring elements Applicable SGs met per individual scoring element Scoring element (add rows as required; delete if not scores scoring by elements) SG60 SG80 SG100 1 Scoring element 1 X of x X of x X of x

2 Scoring element 2 X of x X of x X of x

3 Scoring element 3 X of x X of x X of x

4 Scoring element 4 X of x X of x X of x

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 2.3.2 – ETP species management strategy All UoAs The UoA has in place precautionary management strategies designed to: - meet national and international requirements; - ensure the UoA does not hinder recovery of ETP species. PI 2.3.2 Also, the UoA regularly reviews and implements measures, as appropriate, to minimise the mortality of ETP species

Scoring Issue SG 60 SG 80 SG 100

Management strategy in place (national and international requirements) There are measures in place that There is a strategy in place for There is a comprehensive minimise the UoA-related managing the UoA’s impact on strategy in place for managing mortality of ETP species, and are ETP species, including measures the UoA’s impact on ETP species, Guide expected to be highly likely to to minimise mortality, which is including measures to minimise a post achieve national and designed to be highly likely to mortality, which is designed to international requirements for achieve national and achieve above national and the protection of ETP species. international requirements for international requirements for the protection of ETP species. the protection of ETP species. Wolffish – Yes Wolffish – Yes Wolffish – No Leatherback turtle - Yes Leatherback turtle - Yes Leatherback turtle - No Met? Blue whale - Yes Blue whale - Yes Blue whale - No NARW NARW NARW- No Rationale There is a strategy in place for managing the UoA’s impact on ETP species, including measures to minimise mortality, which is designed to be highly likely to achieve national and international requirements for the protection of ETP species.

The lobster fishery harvest strategy and fishing operations can be considered as a strategy for minimising mortality of ETP species. Lobster fishing is limited in time, there is a trap allocation, fishing effort was reduced though a reduction in the number of licences and traps per licence from 1998 to 2005 and after 2009.

ETP species are subject to recovery strategies. The recovery strategy for the leatherback turtle and wolffish species was published in 2007, for blue whale and NARW in 2009. Recovery strategies include recovery goals and objectives.

Wolffish species All bycatch of ETP species must be returned to the water and release in the exact capture location with as little harm as possible. Fact sheets including tips on how to handle and release woflffish to help increase successful disentanglement and release and improve survival have been published by DFO and distributed to harvesters. Considering this and the above, the team determines that the fishery meets SG60 and SG80.

Leatherback turtle Fact sheets including tips on how to disentangle leatherback turtles safely to help increase successful disentanglement and release and improve survival have been published by DFO and distributed to harvesters. Considering this and the above, the team determines that the fishery meets SG60 and SG80.

Blue whale Considering the above and the measures implemented for minimizing interactions with the NARW which are considered to benefit to other whale species, the team determines that the fishery meets SG60 and SG80.

NARW The probability of interaction between the lobster fishey and NARW is very low based on the fishing effort distribution and lobster fishing operations. Lobster traps are set very close to the shore in shallow waters.

The UoA has in place precautionary management strategies designed to: - meet national and international requirements; - ensure the UoA does not hinder recovery of ETP species. PI 2.3.2 Also, the UoA regularly reviews and implements measures, as appropriate, to minimise the mortality of ETP species The 2019 measures to minimise interactions with NARW in the GSL were formally announced to fishers by means of a Notice to Fish Harvesters issued on April 12th, 2019. The management measures are similar to the ones applied in 2018 and remain focused on preventing entenglements. The main adjustements for the 2019 season include: ▪ Adjusting the area closed to snow crab, lobster fisheries and all other non-tended fixed-gear fisheries in Atlantic Canada and Quebec to include the area where 90% of the North Atlantic Right Whale were sighted last year during the prime fishing season. This area is a little less than half the size it was in 2018 and is more elongated North-to-South than in 2018. ▪ Keeping the overall protection area the same in terms of the combined season-long closure area and the area where temporary 15-day closures may occur for snow crab, lobster fisheries and all other non-tended fixed-gear fisheries from the date when right whales are sighted. ▪ If a NARW is seen in waters between the 10 and 20 fathom shallow water protocol lines, a temporary closure will occur up to the 10 fathom shallow water protocol line. Licence holders will then be required to move their fishing gear close to the coast and will be allowed to continue fishing in waters shallower than 10 fathoms. ▪ If a NARW is seen in waters less than the 10 fathom shallow water protocol line, a temporary closure will occur up to the coast. In 2017, DFO Maritimes sent a letter to lobster, snow crab and groundfish advisory committees distribution lists, notifying them of the NARW entanglements in the Gulf of St Lawrence and highlighting that the whales will migrate to their overwintering grounds off the US coast and, in so doing, there would be an increased risk of encountering the whales while fishing within the DFO Maritimes Region. The notification highlighted that as NARW are observed, DFO may close defined areas that pose a risk of entanglement and also asked fishermen to use voluntary practices to help the safe migration of the whales.

A number of changes were introduced in fisheries opening in spring 2018 (LFA 27-32, UoA 3) in order to manage and reduce risks to NARW and other marine mammals. These measures include: - A requirement for licence holders/operators to report interactions with marine mammals; - A requirement for licence holders/operators to report lost gear; - Where a secondary buoy is used to mark gear at the surface, a requirement that the distance between the primary buoy and the secondary buoy be no greater than 6.6 m (3.6 fathoms); - Encouragement to minimise the amount of floating rope at the surface of the water, which could include ensuring that rope attaching fishing gear to primary buoy does not remain floating at the surface at high tide after the gear has been set. New measures have been implemented for the fall fisheries: - In LFA 33 and 34, the maximum length of rope between the primary and secondary buoy is restricted to 18 metres (10 fathoms), - In LFA 38, various gear-related measures are being piloted that reduce the amount of rope in the water.

Considering this and the above, the team determines that the fishery meets SG60 and SG80.

The fishery does not meet SG100 for all scoring elements as the strategy cannot be considered as comprehensive. Management strategy in place (alternative) b There are measures in place that There is a strategy in place that is There is a comprehensive are expected to ensure the UoA expected to ensure the UoA does strategy in place for managing Guide does not hinder the recovery of not hinder the recovery of ETP ETP species, to ensure the UoA post ETP species. species. does not hinder the recovery of ETP species.

The UoA has in place precautionary management strategies designed to: - meet national and international requirements; - ensure the UoA does not hinder recovery of ETP species. PI 2.3.2 Also, the UoA regularly reviews and implements measures, as appropriate, to minimise the mortality of ETP species Wolffish – NA Wolffish – NA Wolffish – NA Leatherback turtle - NA Leatherback turtle - NA Leatherback turtle - NA Met? Blue whale - NA Blue whale - NA Blue whale - NA NARW - NA NARW - NA NARW - NA Rationale Insert sufficient rationale to support the team's conclusion for each Scoring Guidepost (SG). Scoring issue need not be scored if there are no requirements for protection or rebuilding provided through national ETP legislation or international agreements. Management strategy evaluation The measures are considered There is an objective basis for The strategy/comprehensive likely to work, based on confidence that the strategy is mainly based on plausible argument (e.g., general measures/strategy will work, information directly about the Guide experience, theory or based on information directly fishery and/or species involved, post c comparison with similar about the fishery and/or the and a quantitative analysis fisheries/species). species involved. supports high confidence that the strategy will work. Wolffish – Yes for UoAs 1 and 2; Wolffish – Yes Wolffish – Yes No for UoAs 3, 4 and 5 Leatherback turtle - Yes Leatherback turtle - Yes Met? Leatherback turtle - No Blue whale - Yes Blue whale - Yes Blue whale - No NARW- Yes NARW- Yes NARW- No Rationale There is an objective basis for confidence that the measures/strategy will work, based on information directly about the fishery and/or the species involved. Wolffish species The incidental catches of wolffish is estimated to be low. Post-release survival of wolffish caught in lobster traps are considered to be high. A collaborative research project, “Bycatch composition and vitality assessment of species caught as bycatch during the lobster fishery in the Southern Gulf of St Lawrence”, led by DFO Gulf Region has been implemented in 2015. It was determined that survival of all returned species is very high with 98% of observed individuals had no visible injury, no mortality observed during vitality observations and there is no everted stomach or bloated swim bladder in fish caught. However, given that the investigation on the survival of incidental catches have been carried out for the lobster fishery in the SGSL but not for the lobster fishery in the Scotian Shelf and Bay of Fundy, the team determines that UoAs 1 and 2 met SG100 but not UoAs 3, 4 and 5.

Leatherback turtle According to information reported in SARA logbooks, leatherback turtle have not been caught in lobster trap in the SGSL. However, two leatherback turtles have been caught in lobster traps last year fishing season: 1 in UoA 3 and 1 in UoA 5; both were released alive. Therefore the fishery meets SG60 and SG80. However the team determines that SG100 is not met as effectiveness of the strategy is not supported by a quatitative analysis.

NARW NARW mortality and entanglement incidents involving the lobster trap fishery have not been reported in the last decade. The probability of interaction between the lobster fishey and NARW is very low based on the fishing effort distribution and lobster fishing operations. Lobster traps are set very close to the shore in shallow waters. Therefore the assessment team determine that both SG60 and SG80 are met. However the team determines that SG100 is not met as effectiveness of the strategy is not supported by a quatitative analysis. Management strategy implementation There is some evidence that the There is clear evidence that the measures/strategy is being strategy/comprehensive Guide implemented successfully. strategy is being implemented d post successfully and is achieving its objective as set out in scoring issue (a) or (b). Wolffish – Yes Wolffish – Yes Leatherback turtle - Yes Leatherback turtle - No Met? Blue whale - Yes Blue whale - No NARW- Yes NARW- No Rationale There is some evidence that the measures/strategy is being implemented successfully. Wolffish species The incidental catches of wolffish is estimated to be low. Post-release survival of wolffish caught in lobster traps are considered to be high. A collaborative research project, “Bycatch composition and vitality assessment of species caught as bycatch during the lobster fishery in the Southern Gulf of St Lawrence”, led by DFO Gulf Region has been implemented in 2015. It was determined that survival of all returned species is very high with 98% of observed individuals had no visible injury, no mortality observed during vitality observations and there is no everted stomach or bloated swim bladder in fish caught. Therefore, ther team concludes that SG80 and SG100 are met.

Leatherback turtle According to information reported in SARA logbooks, leatherback turtle have not been caught in lobster trap in the SGSL. However, two leatherback turtles have been caught in lobster traps last year fishing season: 1 in UoA 3 and 1 in UoA 5; both were released alive. Therefore the fishery meets SG80. However the team determines that SG100 is not met as evidence is not considered to be clear.

Blue whale Accidental entanglements in fishing gear was classified as low risk anthropogenic threats in comparison with whale watching and collisions with vessels which were classified as medium-risk anthropogenic threats, and acoustic environmental degradation and food availability which were classified as high-risk anthropogenic threats. There have been no reported or observed blue whale inteactions with the lobster trap fishery. Therefore the fishery meets SG80. However the team determines that SG100 is not met as evidence is not considered to be clear.

The UoA has in place precautionary management strategies designed to: - meet national and international requirements; - ensure the UoA does not hinder recovery of ETP species. PI 2.3.2 Also, the UoA regularly reviews and implements measures, as appropriate, to minimise the mortality of ETP species NARW NARW mortality and entanglement incidents involving the lobster trap fishery have not been reported in the last decade. The probability of interaction between the lobster fishey and NARW is very low based on the fishing effort distribution and lobster fishing operations. Lobster traps are set very close to the shore in shallow waters. Therefore the assessment team determine that both SG80 is met. Therefore the fishery meets SG80. However the team determines that SG100 is not met as evidence is not considered to be clear. Review of alternative measures to minimize mortality of ETP species There is a review of the potential There is a regular review of the There is a biennial review of the effectiveness and practicality of potential effectiveness and potential effectiveness and alternative measures to practicality of alternative practicality of alternative Guide minimise UoA-related mortality measures to minimise UoA- measures to minimise UoA- post e of ETP species. related mortality of ETP species related mortality ETP species, and they are implemented as and they are implemented, as appropriate. appropriate. Wolffish – Yes Wolffish – Yes Wolffish – Yes Leatherback turtle - Yes Leatherback turtle - Yes Leatherback turtle - No Met? Blue whale - Yes Blue whale - Yes Blue whale - Yes NARW- Yes NARW- Yes NARW- Yes Rationale An annual post-fishing season review is conducted to evaluate the effetiveness of management measures. This post-season review is followed by the Lobster Advisory Committee meeting during which new management measures can be proposed and discussed.

Wolffish species A progress report to evaluate the progress of Recovery Strategy implementation was published in 2013. Fact sheets including tips on how to handle and release woflffish to help increase successful disentanglement and release and improve survival have been published by DFO and distributed to harvesters. A collaborative research project, “Bycatch composition and vitality assessment of species caught as bycatch during the lobster fishery in the Southern Gulf of St Lawrence”, led by DFO Gulf Region has been implemented in 2015. It was determined that survival of all returned species is very high with 98% of observed individuals had no visible injury, no mortality observed during vitality observations and there is no everted stomach or bloated swim bladder in fish caught. Considering this and the above, the team determines that the fishery meets SG60, SG80 and SG100.

Leatherback turtle A progress report to evaluate the progress of Recovery Strategy implementation was published in 2013. Considering this and the above, the team determines that the fishery meets SG60 and SG80. However there is no evidence of a biannual review of measures to minimise the IoAs impacts on the leatherback turtle, preventing the fishery form meeting SG100.

Blue whale Accidental entanglements in fishing gear was classified as low risk anthropogenic threats in comparison with whale watching and collisions with vessels which were classified as medium-risk anthropogenic threats, and acoustic environmental degradation and food availability which were classified as high-risk anthropogenic threats. A progress report to evaluate the progress of Recovery Strategy implementation was published in 2016. New measures implemented in 2018 and 2019 for minimizing interactions with the NARW are considered to benefit to other whale species. Considering this and the above, the team determines that the fishery meets SG60, SG80 and SG100.

Kulka, D., C. Hood and J. Huntington. 2007. Recovery Strategy for Northern Wolffish (Anarhichas denticulatus) and Spotted Wolffish (Anarhichas minor), and Management Plan for Atlantic Wolffish (Anarhichas lupus) in Canada. Fisheries and Oceans Canada: Newfoundland and Labrador Region. St. John’s, NL. x + 103 pp. http://www.sararegistry.gc.ca/virtual_sara/files/plans/rs_Atlantic_Northern_and_Spotted_Wolffish_0208_e.pdf

DFO 2013a. Report on the Progress of Recovery Strategy Implementation for the Leatherback Sea Turtle (Dermochelys coriacea) in Canada for the Period 2007-2012. Species at Risk Act Recovery Strategy Report Series. Fisheries and Oceans Canada, Ottawa. http://www.registrelep-sararegistry.gc.ca/virtual_sara/files/rs5_tortue_luth_leatherback_atl_1213_e.pdf

DFO 2016b. Report on the Progress of Recovery Strategy Implementation for the Blue Whale (Balaenoptera musculus), Northwest Atlantic population, in Canada for the Period 2009 – 2014. Species at Risk Act Recovery Strategy Report Series. Fisheries and Oceans Canada, Ottawa. ii+ 14 pp. https://wildlife-species.canada.ca/species-risk-registry/virtual_sara/files/ProgressReport-BlueWhaleDfo-v00-2016May03- Eng.pdf

DFO 2016c. Report on the Progress of Recovery Strategy Implementation for the North Atlantic Right Whale (Eubalaena glacialis) in Canadian Waters for the Period 2009-2014. Species at Risk Act Recovery Strategy Series. Fisheries and Oceans Canada, Ottawa. iii + 48 pp.

DFO 2017a. Composition, quantity, and survival of incidental catch during the southern Gulf of St Lawrence lobster (Homarus americanus) fishery. Presentation made for the 11th International Conference & Workshop on Lobster Biology and Management held in Portland (Maine, US) in June 2017. DFO 2019a. 2019 Management measures to protect North Atlantic right whale. Notice to Fish Harvesters Gulf Region, April 12th, 2019.

Draft scoring range and information gap indicator added at Announcement Comment Draft Report Applicable SGs likely met per individual scoring Individual scoring elements element Likely scoring For all UoAs element scores SG60 SG80 SG100 UoAs 1 and 2 1 Wolffish species 3 of 3 4 of 4 ≥80 3 of 4

3 Blue whale 3 of 3 4 of 4 1 of 4 ≥80

4 NARW 3 of 3 4 of 4 1 of 4 ≥80

Applicable SGs/elements likely met Likely overall PI score fro all Draft scoring range SG60 SG80 SG100 UoAs X of x X of x X of x ≥80

Information gap indicator More information sought/Information sufficient to score PI

2 Scoring element 2 X of x X of x X of x

3 Scoring element 3 X of x X of x X of x

4 Scoring element 4 X of x X of x X of x

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 2.3.3 – ETP species information All UoAs Relevant information is collected to support the management of UoA impacts on ETP species, including: - Information for the development of the management strategy; PI 2.3.3 - Information to assess the effectiveness of the management strategy; and - Information to determine the outcome status of ETP species Scoring Issue SG 60 SG 80 SG 100

Information adequacy for assessment of impacts Qualitative information is Some quantitative information is Quantitative information is adequate to estimate the UoA adequate to assess the UoA available to assess with a high related mortality on ETP species. related mortality and impact and degree of certainty the magnitude to determine whether the UoA of UoA-related impacts, OR may be a threat to protection mortalities and injuries and the and recovery of the ETP species. consequences for the status of If RBF is used to score PI 2.3.1 ETP species. Guide for the UoA: OR a post Qualitative information is adequate to estimate If RBF is used to score PI 2.3.1 productivity and susceptibility for the UoA: attributes for ETP species. Some quantitative information is adequate to assess productivity and susceptibility attributes for ETP species. Yes for wolffish for UoAs 1 and 2 only Met? Yes Yes No for all other ETp species for all UoAs Rationale Some quantitative information is adequate to assess the UoA related mortality and impact and to determine whether the UoA may be a threat to protection and recovery of the ETP species. There is a variety of information sources that provides qualitative and quantitative information to assess the impact of the fishery on ETP species and to determine whether the fishery is a threat to protection and recovery of ETP species. These sources include the SARA logbooks where lobster harvesters must report all incidental captures of ETP species, Marine Mammal Reporting Form where harvesters are required to report interaction with marine mammals, marine mammal responses networks and the turtles observation network collecting information from opportunistic sightings of marine mammals and turtles strandings and human interactions. Therefore, the team determines that SG60 and SG80 are met for all ETP species for all UoAs. Quantitative information is not available to assess with a high degree of certainty the magnitude of UoAs- related impacts, mortalities and injuries and the consequences for the status of ETP species, preventing the fishery from meeting SG100. However, considering the collaborative research project, “Bycatch composition and vitality assessment of species caught as bycatch during the lobster fishery in the Southern Gulf of St Lawrence”, led by DFO Gulf Region has been implemented in 2015 when it was determined that survival of all returned species is very high with 98% of observed individuals had no visible injury, no mortality observed during vitality observations and there is no everted stomach or bloated swim bladder in fish caught, the team determines that SG100 is met for wolffish species only for UoAs 1 and 2. Information adequacy for management strategy Information is adequate to Information is adequate to Information is adequate to b support measures to manage measure trends and support a support a comprehensive strategy Guide the impacts on ETP species. strategy to manage impacts on to manage impacts, minimize post ETP species. mortality and injury of ETP species, and evaluate with a high

Rationale Information is adequate to measure trends and support a strategy to manage impacts on ETP species.

There is a variety of information sources that provides qualitative and quantitative information to assess the impact of the fishery on ETP species and to determine whether the fishery is a threat to protection and recovery of ETP species. These sources include the SARA logbooks where lobster harvesters must report all incidental captures of ETP species, Marine Mammal Reporting Form where harvesters are required to report interaction with marine mammals, marine mammal responses networks and the turtles observation network collecting information from opportunistic sightings of marine mammals and turtles strandings and human interactions. In addition, a collaborative research project, “Bycatch composition and vitality assessment of species caught as bycatch during the lobster fishery in the Southern Gulf of St Lawrence”, led by DFO Gulf Region has been implemented in 2015. It was determined that survival of all returned species is very high with 98% of observed individuals had no visible injury, no mortality observed during vitality observations and there is no everted stomach or bloated swim bladder in fish caught.

Therefore, the team determines that SG60 and SG80 are met for all ETP species for all UoAs. However, SG100 is not met as the team determines that there is no comprehensive strategy in place. References DFO 2017a. Composition, quantity, and survival of incidental catch during the southern Gulf of St Lawrence lobster (Homarus americanus) fishery. Presentation made for the 11th International Conference & Workshop on Lobster Biology and Management held in Portland (Maine, US) in June 2017.

Information form SARA logbooks Draft scoring range and information gap indicator added at Announcement Comment Draft Report Applicable SGs likely met per individual scoring Individual scoring elements element Likely scoring element scores SG60 SG80 SG100 UoAs 1 and 2 2 of 2 1 Wolffish species 2 of 2 2 of 2 ≥80 UoAs 3, 4 and 5 0 of 2 2 Leatherback turtle 2 of 2 2 of 2 0 of 2 ≥80

3 Blue whale 2 of 2 2 of 2 0 of 2 ≥80

4 NARW 2 of 2 2 of 2 0 of 2 ≥80

Applicable SGs/elements likely met Likely overall PI score for all Draft scoring range SG60 SG80 SG100 UoAs X of x X of x X of x ≥80

Information gap indicator More information sought/Information sufficient to score PI

Relevant information is collected to support the management of UoA impacts on ETP species, including: - Information for the development of the management strategy; PI 2.3.3 - Information to assess the effectiveness of the management strategy; and - Information to determine the outcome status of ETP species Overall Performance Indicator scores added from Client and Peer Review Draft Report Individual scoring elements Applicable SGs met per individual scoring element Scoring element (add rows as required; delete if not scores scoring by elements) SG60 SG80 SG100 1 Scoring element 1 X of x X of x X of x

2 Scoring element 2 X of x X of x X of x

3 Scoring element 3 X of x X of x X of x

4 Scoring element 4 X of x X of x X of x

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 2.4.1 – Habitats outcome All UoAs The UoA does not cause serious or irreversible harm to habitat structure and function, considered on PI 2.4.1 the basis of the area covered by the governance body(s) responsible for fisheries management in the area(s) where the UoA operates

Scoring Issue SG 60 SG 80 SG 100

Commonly encountered habitat status The UoA is unlikely to reduce The UoA is highly unlikely to There is evidence that the UoA is structure and function of the reduce structure and function of highly unlikely to reduce structure a Guide commonly encountered habitats the commonly encountered and function of the commonly post to a point where there would be habitats to a point where there encountered habitats to a point serious or irreversible harm. would be serious or irreversible where there would be serious or harm. irreversible harm. Met? Yes Yes Yes

Rationale The UoA is highly unlikely to reduce structure and function of the commonly encountered habitats to a point where there would be serious or irreversible harm. Commonly encountered habitats are sandy/muddy sediments mixed with gravels.

• Traps are passive gear types that rely on bait to attract the target species, and are generally considered to have slight impacts on the habitat. Eno et al (2001) examined the effects of fishing with crustacean traps on benthic fauna in UK through qualitative and quantitative experiments. This study examined the effects of lobster and crab traps being hauled from rocky substrates in southern England, and found that the habitats and their communities appeared relatively unaffected by potting. • A study carried out by Chuenpagdee et al (2003) ranked fishing gears regarding their collateral impacts on bycatch and on habitats in U.S. each Fishery Management Council region. They found that traps have low and medium impacts on biological and physical component of habitat, respectively. • Shester and Micheli (2011) quantify and compare the ecosystem impacts of four gears (lobster traps, fish traps, set gillnets, drift gillnets) used in small-scale fisheries of Baja California, Mexico, using at-sea observations and field experiments. Results indicated that traps caused minimal immediate damage to habitats. There have been significant efforts to document habitat impacts associated with various fishing gears used in Canadian waters and to implement measures to mitigate negative impacts where possible. Trap fisheries in general are considered to have low impact on habitat structure and function. No habitat impact issues have been identified for lobster fishery and there is no evidence that it is likely to reduce habitat structure and function. However, while SG80 is met, there is no specific evidence derived from a habitat specific study in relation to the fishery, preventing the fishery from meeting SG100. VME habitat status The UoA is unlikely to reduce The UoA is highly unlikely to There is evidence that the UoA is structure and function of the reduce structure and function of highly unlikely to reduce structure b Guide VME habitats to a point where the VME habitats to a point and function of the VME habitats post there would be serious or where there would be serious or to a point where there would be irreversible harm. irreversible harm. serious or irreversible harm.

Coral and sponges - Yes Met? Yes Yes Eel grass - No Rationale There is evidence that the UoA is highly unlikely to reduce structure and function of the VME habitats to a point where there would be serious or irreversible harm. VMEs are coral and sponges areas (all UoAs) and eel grass meadows (UoAs 1 and 2).

The UoA does not cause serious or irreversible harm to habitat structure and function, considered on PI 2.4.1 the basis of the area covered by the governance body(s) responsible for fisheries management in the area(s) where the UoA operates Although trap fisheries are generally considered to have slight impacts on the habitat, traps can impact biogenic structures (e.g. sponges, corals) through crushing or entanglement. Crushing and scouring effects can result if traps are dragged across the bottom during retrieval or during periods of strong currents (e.g. storms, tides). Significant coral and sponge areas have been mapped and significant areas have been identified. However, lobster fishing grounds do not overlap with coral and sponges significant areas. The team determines that there is evidence that the UoA is highly unlikely to reduce structure and function of the coral and sponge habitats to a point where there would be serious or irreversible harm, SG100 is met. Eel grass meadows have identified in the Northumberland Strait (LFAs 25 and 26A). Although traps are considered to have minimal impacts on benthic habitats, there is no specific evidence to support SG100. Minor habitat status There is evidence that the UoA is highly unlikely to reduce structure Guide c and function of the minor habitats post to a point where there would be serious or irreversible harm.

Met? NA

Rationale

There is no minor habitat

References Chuenpagdee, R., Morgan, L.E., Maxwell, S.M., Norse, E.A., and Pauly, D. 2003. Shifting gears: collateral impacts of fishing methods in U.S. waters. Frontiers in Ecology and Environment 1(10): 517-524.

DFO 2010. Potential impacts of fishing gears (excluding mobile bottom-contacting gears) on marine habitats and communities. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2010/003.

Shester, G. and Micheli, F. 2011. Conservation challenges for small-scale fisheries: Bycatch and habitat impacts of traps and gillnets. Biological Conservation 144: 1673-1681.

DFO. 2017b. Delineation of Significant Areas of Coldwater Corals and Sponge-Dominated Communities in Canada's Atlantic and Eastern Arctic Marine Waters and their Overlap with Fishing Activity. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2017/007. http://www.dfo-mpo.gc.ca/csas-sccs/Publications/SAR-AS/2017/2017_007-eng.html

Kenchington, E., L. Beazley, C. Lirette, F.J. Murillo, J. Guijarro, V. Wareham, K. Gilkinson, M. Koen Alonso, H. Benoît, H. Bourdages, B. Sainte-Marie, M. Treble, and T. Siferd. 2016. Delineation of Coral and Sponge Significant Benthic Areas in Eastern Canada Using Kernel Density Analyses and Species Distribution Models. DFO Can. Sci. Advis. Sec. Res. Doc. 2016/093. vi + 178 p. http://www.dfo-mpo.gc.ca/csas-sccs/Publications/ResDocs-DocRech/2016/2016_093-eng.html

Map of the geographical distribution of the lobster average annual landed value and significant coral and sponge areas (blue) in the GSL. Source: http://www.qc.dfo-mpo.gc.ca/golfe-gulf/coraux-eng.html Draft scoring range and information gap indicator added at Announcement Comment Draft Report Applicable SGs likely met per individual scoring Individual scoring elements element Likely scoring element scores SG60 SG80 SG100

The UoA does not cause serious or irreversible harm to habitat structure and function, considered on PI 2.4.1 the basis of the area covered by the governance body(s) responsible for fisheries management in the area(s) where the UoA operates Commonly encountered habitats (all 1 1 of 1 1 of 1 1 of 1 ≥80 UoAs) 2 Coral and sponge areas (all UoAs) 1 of 1 1 of 1 1 of 1 ≥80 Eel grass meadows (Units 1 and 2 3 1 of 1 1 of 1 0 of 1 ≥80 only) Applicable SGs/elements likely met Likely overall PI score for all Draft scoring range for all UoAs SG60 SG80 SG100 UoAs X of x X of x X of x ≥80

Information gap indicator More information sought/Information sufficient to score PI

2 Scoring element 2 X of x X of x X of x

3 Scoring element 3 X of x X of x X of x

4 Scoring element 4 X of x X of x X of x

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 2.4.2 – Habitats management strategy All UoAs There is a strategy in place that is designed to ensure the UoA does not pose a risk of serious or PI 2.4.2 irreversible harm to the habitats

Scoring Issue SG 60 SG 80 SG 100

Management strategy in place There are measures in place, if There is a partial strategy in There is a strategy in place for necessary, that are expected to place, if necessary, that is managing the impact of all MSC a Guide achieve the Habitat Outcome 80 expected to achieve the Habitat UoAs/non-MSC fisheries on post level of performance. Outcome 80 level of habitats. performance or above. Met? Yes Yes No

Rationale There is a partial strategy in place, if necessary, that is expected to achieve the Habitat Outcome 80 level of performance or above. To address threats to fish from habitat loss/degradation and changes to natural flow regimes, the Fisheries Protection Program (formerly the Habitat Protection Program) administered the habitat protection provisions of the Fisheries Act. Until 2012, the habitat protection provisions included two principal prohibitions : • a prohibition against of the destruction of fish by means other than fishing (Section 32); • a prohibition against the harmful alteration, disruption or destruction of fish habitat, informally called the HADD prohibition (Section 35) The Fisheries Act was amended in 2012/2013. A key amendment was the replacement of the two prohibitions in the former Act with one new prohibition (also numbered Section 35) against “the carrying on of a work, undertaking or activity that results in serious harm to fish that are part of or support a commercial recreational or Aboriginal fishery.” In the amended Act, “serious harm to fish” is defined as: “the death of fish or the permanent alteration to, or destruction of, fish habitat,” with fish habitat defined as “spawning grounds and any other areas, including nursery, rearing, food supply and migration areas, on which fish depend directly or indirectly in order to carry out their life processes.” Through the FPPS, DFO objectives are to provide consistent guidance through regulations, standards and directives, and to make regulatory decisions in a timely manner. In this way, proponents will have the necessary information and direction to avoid, mitigate and offset harmful impacts to fish and fish habitat so that they will meet the goal of this policy, and thereby comply with the fisheries protection provisions of the Fisheries Act. The prohibition against serious harm to fish applies to fish and fish habitat that are part of or support commercial, recreational or Aboriginal fisheries. In 2009, DFO published the Policy for Managing the Impact of Fishing on Sensitive Benthic Areas under the auspices of the Sustainable Fisheries Framework in response to the 2006 United Nations Resolution 61/10530. The purpose policy is to help DFO manages fisheries to mitigate impacts of fishing on sensitive benthic habitats or avoid impacts of fishing that are likely to cause serious or irreversible harm to sensitive marine habitat, communities and species. This national policy applies to all commercial, recreational and Aboriginal fishing activities licenced and/or managed pursuant to the Fisheries Act and the Coastal Fisheries Protection Act, including fishing inside and outside of Canada’s EEZ. A key tool for use in the implementation of the policy is the Ecological Risk Assessment Framework, which outlines a process for identifying the level of ecological risk of fishing activity and its impacts as sensitive benthic areas in the marine environment. DFO has developed this framework specifically for use in managing cold-water corals and sponge-dominated communities.

In December 2017, 11 coral and sponge conservation areas have been implemented in the Estuary and Gulf of St Lawrence. Fisheries management measures have been implemented and were effective on 15th December 2017 with the release of the Quebec Region Variation Order 2017-Q-10414. Lobster traps, and all other bottom-contact fishing gears, are prohibited in these conservation areas. There are 5 coral and sponge conservation areas established on the Scotian Shelf.

Several MPAs are established in the SGSL, Scotian Shelf and Bay of Fundy.

14 http://www.qc.dfo-mpo.gc.ca/peches-fisheries/commerciale-commercial/documents/2017-Q-104_EN.pdf

There is a strategy in place that is designed to ensure the UoA does not pose a risk of serious or PI 2.4.2 irreversible harm to the habitats Impacts on habitats are limited by restricting the number and size of traps in use, the number of fishermen and a limited fishing season. Moreover, the strategy of fishing effort reduction adopted by DFO and the RPPSG from 1998 to 2005 and after 2009 also reduce the impacts on habitats.

Therefore the team concludes that SG60 and SG80 are met. However the team could not determine whether there is a strategy in place for managing impacts of non-MSC fisheries on habitats, preventing the fishery from meeting SG100. Management strategy evaluation The measures are considered There is some objective basis for Testing supports high confidence likely to work, based on confidence that the that the partial strategy/strategy b Guide plausible argument (e.g. general measures/partial strategy will will work, based on information post experience, theory or work, based on information directly about the UoA and/or comparison with similar directly about the UoA and/or habitats involved. UoAs/habitats). habitats involved. Met? Yes Yes No

Rationale There is some objective basis for confidence that the measures/partial strategy will work, based on information directly about the UoA and/or habitats involved. Traps are passive gear types that rely on bait to attract the target species, and are generally considered to have minimal impacts on the habitat. However while there has been considerable effort to document habitat impacts associated with various fishing gears used in Canadian waters, there is not testing that supports high confidence that the strategy will work based on information directly about the UoA and/or habitats involved, preventing the fishery from meeting SG100. Management strategy implementation There is some quantitative There is clear quantitative evidence that the evidence that the partial c Guide measures/partial strategy is strategy/strategy is being post being implemented successfully. implemented successfully and is achieving its objective, as outlined in scoring issue (a). Met? Yes No

Rationale There is some quantitative evidence that the measures/partial strategy is being implemented successfully. • Eno et al (2001) examined the effects of fishing with crustacean traps on benthic fauna in UK through qualitative and quantitative experiments. This study examined the effects of lobster and crab traps being hauled from rocky substrates in southern England, and found that the habitats and their communities appeared relatively unaffected by potting. • A study carried out by Chuenpagdee et al (2003) ranked fishing gears regarding their collateral impacts on bycatch and on habitats in U.S. each Fishery Management Council region. They found that traps have low and medium impacts on biological and physical component of habitat, respectively. • Shester and Micheli (2011) quantify and compare the ecosystem impacts of four gears (lobster traps, fish traps, set gillnets, drift gillnets) used in small-scale fisheries of Baja California, Mexico, using at-sea observations and field experiments. Results indicated that traps caused minimal immediate damage to habitats. UoAs has a harvest strategy including management measures that minimise the impacts on habitats : permanent fishing spatial closures to protect fish habitats and VMEs, gear restrictions (size), trap allocation, season (number of days, fishing not allowed on certain days and in time windows). A comprehensive monitoring, control and surveillance system continues to be implemented in the fishery and compliance to regulations remains very high with a level of recidivism in the fishery to be extremely low. However, it cannot be said that there is clear quantitative evidence, presenting the fishery from meeting SG100. d Compliance with management requirements and other MSC UoAs’/non-MSC fisheries’ measures to protect VMEs

There is a strategy in place that is designed to ensure the UoA does not pose a risk of serious or PI 2.4.2 irreversible harm to the habitats There is qualitative evidence There is some quantitative There is clear quantitative that the UoA complies with its evidence that the UoA complies evidence that the UoA complies management requirements to with both its management with both its management Guide protect VMEs. requirements and with requirements and with protection post protection measures afforded to measures afforded to VMEs by VMEs by other MSC UoAs/non- other MSC UoAs/non-MSC MSC fisheries, where relevant. fisheries, where relevant. Met? Yes Yes No

Rationale There is some quantitative evidence that the UoA complies with both its management requirements and with protection measures afforded to VMEs by other MSC UoAs/non-MSC fisheries, where relevant. In December 2017, 11 coral and sponge conservation areas have been implemented in the Estuary and Gulf of St Lawrence. Fisheries management measures have been implemented and were effective on 15th December 2017 with the release of the Quebec Region Variation Order 2017-Q-104. Lobster traps, and all other bottom-contact fishing gears, are prohibited in these conservation areas. There are 5 coral and sponge conservation areas established on the Scotian Shelf. Several MPAs are established in the SGSL, Scotian Shelf and Bay of Fundy. UoAs has a harvest strategy including management measures that minimise the impacts on habitats : permanent fishing spatial closures to protect fish habitats and VMEs, gear restrictions (size), trap allocation, season (number of days, fishing not allowed on certain days and in time windows). A comprehensive monitoring, control and surveillance system continues to be implemented in the fishery and compliance to regulations remains very high with a level of recidivism in the fishery to be extremely low. Therefore the team determines that SG60 and SG80 are met. However, the team does not considered there is clear quantitative evidence, preventing the fishery from meeting SG100. References Chuenpagdee, R., Morgan, L.E., Maxwell, S.M., Norse, E.A., and Pauly, D. 2003. Shifting gears: collateral impacts of fishing methods in U.S. waters. Frontiers in Ecology and Environment 1(10): 517-524.

DFO 2010. Potential impacts of fishing gears (excluding mobile bottom-contacting gears) on marine habitats and communities. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2010/003.

Shester, G. and Micheli, F. 2011. Conservation challenges for small-scale fisheries: Bycatch and habitat impacts of traps and gillnets. Biological Conservation 144: 1673-1681.

Canada’s network of MPAs http://www.dfo-mpo.gc.ca/oceans/mpa-zpm-aoi-si-eng.html

Coral and sponge conservation areas

There is a strategy in place that is designed to ensure the UoA does not pose a risk of serious or PI 2.4.2 irreversible harm to the habitats http://www.dfo-mpo.gc.ca/oceans/ceccsr-cerceef/measures-mesures-eng.html

Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Applicable SGs/elements likely met Likely overall PI score for all Draft scoring range for all UoAs SG60 SG80 SG100 UoAs 3 of 3 4 of 4 0 of 4 ≥80

Information gap indicator More information sought/Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 2.4.3 – Habitats information All UoAs Information is adequate to determine the risk posed to the habitat by the UoA and the effectiveness of PI 2.4.3 the strategy to manage impacts on the habitat

Scoring Issue SG 60 SG 80 SG 100

Information quality The types and distribution of the The nature, distribution and The distribution of all habitats is main habitats are broadly vulnerability of the main known over their range, with understood. habitats in the UoA area are particular attention to the known at a level of detail occurrence of vulnerable habitats. OR relevant to the scale and intensity of the UoA. If CSA is used to score PI 2.4.1 a Guide for the UoA: OR post Qualitative information is adequate to estimate the types If CSA is used to score PI 2.4.1 and distribution of the main for the UoA: habitats. Some quantitative information is available and is adequate to estimate the types and distribution of the main habitats. Met? Yes Yes Yes

Rationale The distribution of all habitats is known over their range, with particular attention to the occurrence of vulnerable habitats.

Coastal and epipelagic habitats of the Gulf of St Lawrence, Scotian Shelf and Bay of Fundy have been mapped. DFO Sustainable Fisheries Framework (SFF) provides the basis for ensuring Canadian fisheries are conducted in a manner which supports conservation and sustainable use. As part of the SFF, DFO published the Policy on Managing the Impacts of Fishing on Sensitive Benthic Areas (the Policy) in 2009 to provide a more systematic, transparent, and consistent approach to mitigate fishery impacts on benthic habitats, species, and communities. A SAR (DFO 2010) previously provided the foundation for the delineation of concentrations of coldwater corals and sponges in Canadian waters by providing maps of known locations. Further refinement of the delineation of aggregations of coldwater coral and sponge have been published in 2010 and 2017. Eel grass meadows have also been mapped. Therefore the fishery meets SG100. Information adequacy for assessment of impacts Information is adequate to Information is adequate to allow The physical impacts of the gear broadly understand the nature for identification of the main on all habitats have been of the main impacts of gear use impacts of the UoA on the main quantified fully. on the main habitats, including habitats, and there is reliable b spatial overlap of habitat with information on the spatial extent fishing gear. of interaction and on the timing Guide and location of use of the fishing post OR gear.

If CSA is used to score PI 2.4.1 OR for the UoA: Qualitative information is If CSA is used to score PI 2.4.1 adequate to estimate the for the UoA:

Information is adequate to determine the risk posed to the habitat by the UoA and the effectiveness of PI 2.4.3 the strategy to manage impacts on the habitat consequence and spatial Some quantitative information is attributes of the main habitats. available and is adequate to estimate the consequence and spatial attributes of the main habitats. Met? Yes Yes No

Rationale Information is adequate to allow for identification of the main impacts of the UoA on the main habitats, and there is reliable information on the spatial extent of interaction and on the timing and location of use of the fishing gear.

There have been significant efforts to document habitat impacts associated with various fishing gears used in Canadian waters. Trap fisheries in general are considered to have low impact on habitat structure and function. No habitat impact issues have been identified for the lobster fishery and there is no evidence that it is likely to reduce habitat structure and function. Habitats, including VMEs, have been mapped as well as the lobster fishing effort spatial distribution. Lobster fishing is timely limited with a fishing season. Therefore the fishery meets SG60 and SG80. However, SG100 is not met as physical impacts of the lobster traps on all habitats have not been fully quantified. Monitoring Adequate information continues Changes in all habitat distributions c Guide to be collected to detect any over time are measured. post increase in risk to the main habitats. Met? Yes No

Rationale Adequate information continues to be collected to detect any increase in risk to the main habitats.

There has been and will continue to be an ongoing focus on habitat changes as part of Canada’s commitment to ecosystem based management, especially in the Gulf of St. Lawrence. The distribution of lobster fishing effort continues to be monitored. As part of Canada’s commitment to implementation of an ecosystem approach to management, habitat impact of fishing activity continues to be researched and monitored. DFO C&P staff continues to control lobster harvesters and monitor lobster harvesters’ compliance with management measures for fishing spatial and temporal closures, trap allocation and trap characteristics. A SAR (DFO 2010) previously provided the foundation for the delineation of concentrations of coldwater corals and sponges in Canadian waters by providing maps of known locations. Further refinement of the delineation of aggregations of coldwater coral and sponge have been published in 2010 and 2017. Therefore the team determines that SG80 is met. However, it is not considered that all habitats distribution over time are measured, preventing the fishery from meeting SG100. References Chuenpagdee, R., Morgan, L.E., Maxwell, S.M., Norse, E.A., and Pauly, D. 2003. Shifting gears: collateral impacts of fishing methods in U.S. waters. Frontiers in Ecology and Environment 1(10): 517-524.

DFO 2010. Potential impacts of fishing gears (excluding mobile bottom-contacting gears) on marine habitats and communities. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2010/003.

Shester, G. and Micheli, F. 2011. Conservation challenges for small-scale fisheries: Bycatch and habitat impacts of traps and gillnets. Biological Conservation 144: 1673-1681.

Information is adequate to determine the risk posed to the habitat by the UoA and the effectiveness of PI 2.4.3 the strategy to manage impacts on the habitat DFO. 2017b. Delineation of Significant Areas of Coldwater Corals and Sponge-Dominated Communities in Canada's Atlantic and Eastern Arctic Marine Waters and their Overlap with Fishing Activity. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2017/007. http://www.dfo-mpo.gc.ca/csas-sccs/Publications/SAR-AS/2017/2017_007-eng.html

Canada’s network of MPAs http://www.dfo-mpo.gc.ca/oceans/mpa-zpm-aoi-si-eng.html

Coral and sponge conservation areas http://www.dfo-mpo.gc.ca/oceans/ceccsr-cerceef/measures-mesures-eng.html Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Applicable SGs/elements likely met Likely overall PI score for all Draft scoring range for all UoAs SG60 SG80 SG100 UoAs 2 of 2 3 of 3 1 of 3 ≥80

Information gap indicator More information sought/Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 2.5.1 – Ecosystem outcome All UoAs The UoA does not cause serious or irreversible harm to the key elements of ecosystem structure and PI 2.5.1 function

Scoring Issue SG 60 SG 80 SG 100

Ecosystem status The UoA is unlikely to disrupt the The UoA is highly unlikely to There is evidence that the UoA is key elements underlying disrupt the key elements highly unlikely to disrupt the key a Guide ecosystem structure and underlying ecosystem structure elements underlying ecosystem post function to a point where there and function to a point where structure and function to a point would be a serious or irreversible there would be a serious or where there would be a serious or harm. irreversible harm. irreversible harm. Met? Yes Yes Yes

Rationale There is evidence that the fishery is highly unlikely to disrupt the key elements underlying ecosystem structure and function to a point where there would be a serious or irreversible harm.

Larvae lobster are omnivorous, they feed on zooplankton (copepods, crab larvae, eggs) and phytoplankton (diatoms, dinoflagellates and filamentous algae). Juveniles and adults are mainly carnivorous and prey on crab, small sea stars, lobster, marine worms, molluscs and fish. Rock crab is a key food resource for lobster. Stomach analysis in Northumberland Strait showed that rock crab was the single most important component of the diet (between 45 and 68% of prey biomass) (Hanson 2009). Small see stars and lobster represented between 0.7 and 12.9% of the prey biomass. Molluscs, polychaetes, and fish remains each did not exceed 7.5% of prey biomass. Predation on planktonic stages of lobster is rare and predation upon benthic stages of lobster is uncommon, principally restricted to finfish (sculpin and cod) and cannibalism (during the moult). DFO investigated lobster and predator-prey relationships using samples collected during trawl surveys in LFA 25 and part of LFA 26 (Comeau et al. 2008). Stomach analysis showed that decapods were the principal prey (57% to 84% of prey biomass), with rock crab being the single most important component of the diet (45% to 78%). Lobster represented 8% to 13% of the prey biomass. It has also been observed that the only demersal fish demonstrated to consume large amounts of lobster was the sculpin. The main impact of the fishery on target, primary, secondary and ETP species, and habitat are identified and there is no indication that the fishery causes disruption to the ecosystem main structure and function. There is a comprehensive assessment of the target species, non-target species catch is monitored, information is available to show the fishery impacts on ETP species is low, and there is no indication that the fishery causes serious or irreversible harm to habitats. Therefore the team determines that SG100 is met. References Boudreau S.A. and B. Worm 2010. Top-down control of lobster population in the Gulf of Maine: insights from local ecological knowledge and research surveys. Marine Ecology Progress Series 403: 181-191.

Grabowski J.H., J. Gaudette, E.J. Clesceri, P.O. Yund 2009. The role of food limitation in lobster population dynamics in coastal Maine, United States, and New Brunswick, Canada. New Zealand Journal of Marine and Freshwater Research 43: 185-193.

Hanson, J.M. 2009. Predator-prey interactions of American lobster (Homarus americanus) in the Southern Gulf of St. Lawrence, Canada. New Zealand Journal of Marine and Freshwater Research 43: 69-88. Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Applicable SGs/elements likely met Likely overall PI Draft scoring range for all UoAs SG60 SG80 SG100 score for all UoAs

1 of 1 1 of 1 1 of 1 ≥80

The UoA does not cause serious or irreversible harm to the key elements of ecosystem structure and PI 2.5.1 function Information gap indicator More information sought/Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 2.5.2 – Ecosystem management strategy All UoAs There are measures in place to ensure the UoA does not pose a risk of serious or irreversible harm to PI 2.5.2 ecosystem structure and function

Scoring Issue SG 60 SG 80 SG 100

Management strategy in place There are measures in place, if There is a partial strategy in There is a strategy that consists of necessary which take into place, if necessary, which takes a plan, in place which contains account the potential impacts of into account available measures to address all main a Guide the UoA on key elements of the information and is expected to impacts of the UoA on the post ecosystem. restrain impacts of the UoA on ecosystem, and at least some of the ecosystem so as to achieve these measures are in place. the Ecosystem Outcome 80 level of performance. Met? Yes Yes Yes

Rationale There is a strategy that consists of a plan, in place which contains measures to address all main impacts of the UoA on the ecosystem, and at least some of these measures are in place.

Under the Oceans Act and the Policy and Operational Framework for Integrated Management of Estuarine, Coastal and Marine Environments in Canada, DFO is committed to the development of large-scale and local integrated management plans for all of Canada's oceans. This includes implementation by DFO of an Ecosystem Approach to management in all activities for which it has management responsibility. Canada has developed a SFF which builds on existing fisheries management practices to form a foundation for implementing an ecosystem approach in the management of its fisheries to ensure continued health and productivity while protecting biodiversity and fisheries habitat. The primary goal of the SFF is to ensure that Canada’s fisheries are environmentally sustainable, while supporting economic prosperity. It is designed to foster a more rigorous, consistent, and transparent approach to decision making across all key fisheries in Canada. Overall, the SFF provides the foundation of an ecosystembased and precautionary approach to fisheries management in Canada. On November 2016, Canada lauched a national Ocean Protection Plan that aims to protect Canada’s marine environment. One of the objectives of this Plan is Preserving and Restoring marine ecosystems by protecting marine mammals, restoring coastal ecosystems and addressing abandoned, derelict and wreched vessels.

The GSL Integrated Management (GOSLIM) plan was published in 2013, “the plan provides a framework for inter-jurisdictional collaborative engagement of the regulatory authorities relevant to different management issues. Such collaboration gives rise to a process for effectively addressing different management issues within the GOSLIM area, when and where they arise.” The Regional Oceans Plan for the Scotian Shelf, Atlantic Coast and the Bay of Fundy was relased in 2014 and outlines the approach and actions DFO is taking to support oceans and coastal management in the Maritimes Region.

The IFMP for lobster fisheries includes a section on short and long-term objectives related, among other, to the lobster stok productivity, habitats and ecosystem considerations. Management measures in place for the lobster fishery includes : traps size restrictions, a lobster fishing season, fishing spatial closures to protect VMEs and fish habitats, MLS for lobster, mandatory escape vents and biodegradable panels, non-target must be discarded with less possible harm and new mesaures to minime the risk of interactions with the NARW. Therefore, the assessment team determines that SG100 is met. Management strategy evaluation b The measures are considered There is some objective basis for Testing supports high confidence likely to work, based on plausible confidence that the measures/ that the partial strategy/ strategy Guide argument (e.g., general partial strategy will work, based will work, based on information post experience, theory or on some information directly directly about the UoA and/or ecosystem involved.

There are measures in place to ensure the UoA does not pose a risk of serious or irreversible harm to PI 2.5.2 ecosystem structure and function comparison with similar UoAs/ about the UoA and/or the ecosystems). ecosystem involved.

Met? Yes Yes No

Rationale There is some objective basis for confidence that the measures/ partial strategy will work, based on some information directly about the UoA and/or the ecosystem involved. No issues with the lobster fishery have been identified and there is no indication that the fishery causes any form of ecosystem disruption or harm to ecosystem structure and function. The assessment team could not find any concern indicating that the fishery causes any disruption of the key elements underlying ecosystem structure and function. Given the generalist role of lobster in the ecosystem, as well as the range of other benthic and bentho-pelagic predators and scavengers present in the stock area, it is likely that functional group composition, community distribution and trophic dynamics would be virtually unchanged from natural background levels. The main impact on target, primary, secondary and ETP species, and habitat are identified and there is no indication that the fishery causes disruption to the ecosystem main structure and function. There is a comprehensive assessment of the target species, non-target species catch is monitored, information is available to show the fishery impacts on ETP species is slow, and there is no indication that the fishery causes serious or irreversible harm to habitats. Thefore SG80 is met. However, there is not testing that supports high confidence that the strategy will work based on information directly about the UoA and/or ecosystem involved, preventing the fishery from meeting SG100. Management strategy implementation There is some evidence that the There is clear evidence that the measures/partial strategy is partial strategy/strategy is being Guide c being implemented implemented successfully and is post successfully. achieving its objective as set out in scoring issue (a). Met? Yes No

Rationale There is some evidence that the measures/partial strategy is being implemented successfully. No issues with the lobster fishery have been identified and there is no indication that the fishery causes any form of ecosystem disruption or harm to ecosystem structure and function Management measures in place for the lobster fishery includes : traps size restrictions, a lobster fishing season, fishing spatial closures to protect VMEs and fish habitats, MLS for lobster, mandatory escape vents and biodegradable panels, non-target species must be discarded with less possible harm and new mesaures to minime the risk of interactions with the NARW. A comprehensive monitoring, control and surveillance system continues to be implemented in the fishery and compliance to regulations remains very high with a level of recidivism in the fishery to be extremely low. Therefore, SG80 is met. However, it cannot be said that there is clear evidence, presenting the fishery from meeting SG100. References Canada’s Oceans Protection Plan https://www.tc.gc.ca/en/campaigns/protecting-coasts.html

The Regional Oceans Plan for the Scotian Shelf, Atlantic Coast and the Bay of Fundy http://www.dfo-mpo.gc.ca/oceans/management-gestion/scotian-ecossais-eng.html

DFO 2013c. Gulf of St Lawrence Integrated Management Plan. Ocean Management Division, DFO Quebec, Gulf and Newfoundland and Labrador regions, DFO/2013-1898. https://waves-vagues.dfo-mpo.gc.ca/Library/356406.pdf

DFO 2011. Inshore Lobster Integrated Fishery Management Plan Lobster Fishing Areas 27 – 38. Scotia-Fundy Sector - Maritimes Region – 2011.

There are measures in place to ensure the UoA does not pose a risk of serious or irreversible harm to PI 2.5.2 ecosystem structure and function

DFO. 2014b. Lobster in the Southern Gulf of St. Lawrence. Integrated Fisheries Management Plan, March 2014. Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Applicable SGs/elements likely met Likely overall PI score for all Draft scoring range for all UoAs SG60 SG80 SG100 UoAs 2 of 2 3 of 3 1 of 3 ≥80

Information gap indicator More information sought/Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 2.5.3 – Ecosystem information All UoAs PI 2.5.3 There is adequate knowledge of the impacts of the UoA on the ecosystem Scoring Issue SG 60 SG 80 SG 100

Information quality Information is adequate to Information is adequate to a Guide identify the key elements of the broadly understand the key post ecosystem. elements of the ecosystem.

Met? Yes Yes

Rationale Information is adequate to broadly understand the key elements of the ecosystem. There is considerable information available with regards to key biotic and abiotic elements of the Gulf of St Lawrence, Scotian Shelf and Bay of Fundy. There is a substantial programme of environmental monitoring undertaken by DFO and Universities. Therefore, the team determines that SG60 and SG80 are met. Investigation of UoA impacts Main impacts of the UoA on Main impacts of the UoA on Main interactions between the these key ecosystem elements these key ecosystem elements UoA and these ecosystem b Guide can be inferred from existing can be inferred from existing elements can be inferred from post information, but have not been information, and some have existing information, and have investigated in detail. been investigated in detail. been investigated in detail. Met? Yes Yes No

Rationale Main impacts of UoAs on these key ecosystem elements can be inferred from existing information, and some have been investigated in detail. Serious or irreversible harm to ecosystem structure and function would be indicated by trophic cascade, depletion of top predators, severely truncated size structure of target species and non-target species, changes in species biodiversity which have not been observed. However it cannot conclude that the main interactions between the UoA and these ecosystem elements have been investigated in details, preventing the fishery from meeting SG100. Understanding of component functions The main functions of the The impacts of the UoA on P1 components (i.e., P1 target target species, primary, species, primary, secondary and secondary and ETP species and c Guide ETP species and Habitats) in the Habitats are identified and the post ecosystem are known. main functions of these components in the ecosystem are understood. Met? Yes Yes

Rationale The impacts of UoAs on lobster, primary, secondary and ETP species and Habitats are identified and the main functions of these components in the ecosystem are known and understood. Information is available to understand the main functions of lobster, species used as bait, non-target speies, ETP species and habitats. Information on lobster and non-target species catch and stock status, on interaction with ETP species and ETP species population trend, and on the spatial extent of interaction with habitats are available. Therefore, SG80 and SG100 are met.

PI 2.5.3 There is adequate knowledge of the impacts of the UoA on the ecosystem Information relevance Adequate information is Adequate information is available on the impacts of the available on the impacts of the d Guide UoA on these components to UoA on the components and post allow some of the main elements to allow the main consequences for the ecosystem consequences for the ecosystem to be inferred. to be inferred. Met? Yes No

Rationale Adequate information is available on the impacts of UoAs on these components to allow some of the main consequences for the ecosystem to be inferred. Information on lobster and non-target species catch and stock status, on interactions with ETP species and ETP species population trend, and on the spatial and temporal extent of overlapping with habitats are available, SG80 is met. However, SG100 is not met since there is no information on impacts on all elements of the ecosystem. Monitoring Adequate data continue to be Information is adequate to e Guide collected to detect any increase support the development of post in risk level. strategies to manage ecosystem impacts. Met? Yes Yes

Rationale Information is adequate to support the development of strategies to manage ecosystem impacts. Lobster stocks are formally assessed, stocks indicators are monitored annually. Non-target species catches are reported in logbooks; primary species stock status is assessed; interaction with ETP are reported in the SARA logbooks and by marine mammals networks and turtle observation network; and habitats including VMEs and fishing effort spatial distribution are mapped. Biotic and abiotic elements of the Gulf of St Lawrence , Scotian Shelf and Bay of Fundy continue to be monitored. The assessment team determines that the fishery meets SG80 and SG100 as the information available and the ongoing montoring is adequate to detecte any increase in risk level and to support the development of strategies to manage ecosystem impacts. References Canada’s Oceans Protection Plan https://www.tc.gc.ca/en/campaigns/protecting-coasts.html

The Regional Oceans Plan for the Scotian Shelf, Atlantic Coast and the Bay of Fundy http://www.dfo-mpo.gc.ca/oceans/management-gestion/scotian-ecossais-eng.html

DFO 2011. Inshore Lobster Integrated Fishery Management Plan Lobster Fishing Areas 27 – 38. Scotia-Fundy Sector - Maritimes Region – 2011.

DFO. 2014b. Lobster in the Southern Gulf of St. Lawrence. Integrated Fisheries Management Plan, March 2014.

PI 2.5.3 There is adequate knowledge of the impacts of the UoA on the ecosystem DFO 2017a. Composition, quantity, and survival of incidental catch during the southern Gulf of St Lawrence lobster (Homarus americanus) fishery. Presentation made for the 11th International Conference & Workshop on Lobster Biology and Management held in Portland (Maine, US) in June 2017. Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Applicable SGs/elements likely met Likely overall PI Draft scoring range for all UoAs SG60 SG80 SG100 score for all UoAs

2 of 2 5 of 5 2 of 4 ≥80

Information gap indicator More information sought/Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

8.4 Principle 3 Principle 3 background This lobster fishery takes place completely within Canada’s EEZ. That notwithstanding, there is a longstanding dispute between Canada and the USA in respect of the boundaries inside the 12 mile limit around Machais/Seal Island in LFA 38 (the so-called Grey Zone). This issue continues to be operationally handled between the US federal, the State of Maine and the Canadian Department of Fisheries and Oceans.

The Maritime Canada inshore lobster fishery is managed by a series of Lobster Fishery Areas (LFA). For the purpose of this assessment, the fishery is sub-divided into the following components: - The Southern Gulf of St. Lawrence – Prince Edward Island (LFAs 24, 25, and 26A) - The Southern Gulf of St. Lawrence – New Brunswick and Nova Scotia (LFAs 23, 25, 26A and 26B) - The Scotian Shelf/Eastern Nova Scotia (LFAs 27 to 33) - Southwestern Nova Scotia (LFA 34) - The Bay of Fundy (LFAs 35 to 38)

The fishery is managed solely by the Canadian federal government; there is no shared fishery management authority with any other level of government. There is an indigenous component that is licensed by the Canadian government for both Food Societal and Ceremonial (FSC) and commercial/communal purposes but here is no shared fisheries management jurisdiction involved. The participants in these overall fisheries are residents of the Province of Prince Edward Island, Nova Scotia and New Brunswick as well as residents of the LFA in which they are licensed to fish. Licensed harvesters are usually members of various harvesters organizations or First Nations bands/communities. The various harvester organizations are generally accredited by the provincial governments but do not have legislative collective bargaining privileges in the fishing industry. The First Nations are recognized as those have FSC or Commercial/Communal fishing arising from the Sparrow and Marshal Court decisions. The lobster fishery is managed with a range of measures that include limited entry licensing, fishing seasons, trap sizes and limits, minimum carapace sizes, prohibition on retention of egg-bearing females and v-notching. The extent of these measures varies somewhat across the various LFAs. The size of vessels used in the fishery tends to range from 35 to 45 ft LOA. Few vessels are larger than 45 ft, mainly because of the difficulties of handling larger vessels with the crew sizes employed in the lobster fishery. Generally harvesters are licensed to fish in the LFA where their homeport is located.

The lobster fisheries in Southern Gulf of St Lawrence are managed by DFO’s Gulf Region headquartered in Moncton, New Brunswick. This Region includes all of the waters of the Gulf adjacent to the eastern coast of New Brunswick, the Northumberland Strait coastline of Nova Scotia and western Cape Breton, as well as the whole of Prince Edward Island. The lobster fisheries in LFAs 27 to 38 are managed by DFO’s Maritimes Region which is headquartered in Dartmouth, Nova Scotia. The Region’s administrative boundary extends from the tip of Cape Breton Island, along the province’s eastern and western coastline and to both sides of the Bay of Fundy.

8.4.1.1 The legal and/or customary framework The mature Canadian fisheries management system is based primarily on the extensive powers contained in the Fisheries Act (1867)15 of Canada. The Act gives the Minister of Fisheries and Oceans broad discretionary powers including the absolute authority to enact regulations for the management of those subsistence, recreational and commercial fisheries which fall within the scope of section 91 of the Constitution Act, 1982 (formerly the British North America Act, 1867). Various regulations pertaining to fish harvesting operations are made pursuant to the Fisheries Act; the principal ones for Atlantic fisheries include the Fishery (General)

15 http://www.sustainablefisheries.ca/download_files/LSP_Grafto_CH30.pdf

Regulations (1993)16, the Atlantic Fishery Regulations (1985)17, and the Aboriginal Communal Fishing Licenses Regulations (1993)18. The Coastal Fisheries Protection Act (1985)19 (and the regulations made thereunder) which apply to the activities of foreign vessels operating within the Canadian EEZ is the other main source of the Minister’s fisheries management powers. The Department of Fisheries and Ocean’s primary legislation also includes the Oceans Act (1996)20, which, among other things, gives the Minister the authority to lead integrated oceans management and to implement the precautionary approach. The Department is also one of the three responsible federal authorities under the Species at Risk Act (2002)21 which provides the legal framework for the protection of species that are determined to be endangered, threatened or of special concern.

The legal basis and scope of the management system for federally-managed fisheries in Canada is also influenced by a number of other legal instruments including the Charter of Rights and Freedoms, the Financial Administration Act, the Canadian Environmental Assessment Act, and statutes governing marine transportation. From time to time, legal rulings arising from Canada’s judicial system will impact the use and scope of the Minister’s authorities over such matters as fisheries access, enforcement and control, aboriginal and treaty rights, and trade.

More specifically, general licensing regulatory requirements are found in Part II of the Atlantic Fishery Regulations (1985) while regulations specific to the lobster fishery are outlined in Part VI. The Fishery (General) Regulations provide the basis for lobster licence conditions, and the authority to issue Variation Orders, to set minimum legal carapace sizes and t o amend season dates etc.

The department of Fisheries and Oceans is a duly constituted department of the Canadian Federal Government as set forth by the Department of Fisheries and Oceans Act.22 Section 4 of the act stipulates that the powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating to sea coast and inland fisheries, fishing and recreational harbours, hydrography and marine sciences and the coordination of the policies and programs of the Government of Canada respecting oceans.

Aboriginal and treaty rights in respect of the fishery are communal in nature and are recognized and affirmed by the Constitution Act, 1982. In 1990, the Supreme Court of Canada's decision in R. v. Sparrow affirmed that the Musqueam First Nation has an Aboriginal right to fish for food, social and ceremonial purposes. In 1999, the Supreme Court of Canada's decision in R. v. Marshall affirmed a treaty right to hunt, fish and gather in pursuit of a ''moderate livelihood'' arising out of Peace and Friendship Treaties of 1760 and 1761. The decision potentially affected 34 Mi'kmaq and Maliseet First Nations in the Maritimes and the Gaspé region of Québec.

DFO developed and implemented a national Aboriginal Fisheries Strategy23 as a framework to manage the fisheries in a manner consistent with the Sparrow decision. As a policy response to the Marshall decision, DFO negotiated fishing agreements and undertook a variety of initiatives to support the participation of these First Nations in commercial fisheries.

Aboriginal commercial fishery licences are issued to a First Nation which designates the persons and vessels authorized to fish the licences. Management measures for the communal commercial fisheries are similar to

16 http://laws.justice.gc.ca/eng/regulations/SOR-93-53/ 17 http://laws-lois.justice.gc.ca/eng/regulations/SOR-86-21/ 18 http://laws-lois.justice.gc.ca/eng/regulations/sor-93-332/index.html 19 http://laws-lois.justice.gc.ca/eng/acts/C-33/index.html 20 http://laws-lois.justice.gc.ca/eng/acts/O-2.4/ 21 http://laws-lois.justice.gc.ca/eng/acts/S-15.3/index.html 22 http://laws-lois.justice.gc.ca/eng/acts/F-15/index.html 23 http://www.dfo-mpo.gc.ca/fm-gp/aboriginal-autochtones/afs-srapa-eng.htm

those in effect for the non-aboriginal commercial fisheries. First Nations and other Aboriginal Organizations are invited to participate in DFO’s various advisory committees and consultation processes.

The 1984 binding decision by the International Court of Justice (ICJ) decision established the official boundary between Canada and the United States (US) in the Gulf of Maine known as the “Hague Line”. The ICJ decision did not address overlapping claims within the 12 mile limit. As a result, an area of approximately 2 259 km surrounding Machias/Seal Island, commonly referred to by industry as the “Grey Zone” remains in dispute. In 2002, DFO authorized LFA 38 licence holders to fish from August 15 to October 31 providing year- round Canadian fishing access within the ‘’Grey Zone’’ (LFA 38B)24. Canadian harvesters fish in accordance with DFO’s specific Conservation Harvesting Plan for 38B and their US counterparts do the same in regard to the US management plan for the disputed area.

Canada-US enforcement collaboration has included an annual joint enforcement planning meeting between the Maine Department of Marine Resources (DMR), National Oceanic and Atmospheric Administration (NOAA) and DFO. In addition, DFO Conservation and Protection officials, the Canadian Coast Guard Captains and the State of Maine Department of Marine Resources have a joint planning approach for vessel patrols providing a strong ‘’ flag state’’ enforcement presence throughout the ‘’Grey Zone’’. Additionally, the Grey Zone Committee of the Canada/US Transboundary Resources Steering Committee was formed as a result of the cooperative working relationship DFO built with both US enforcement and fisheries management groups at state and federal levels.

Unresolved disputes within the Canadian fisheries management system can be, and have been, taken to the Canadian judicial system for a final decision. The Minister’s power to allocate for reasons other than conservation (such as for social or economic purposes) was also confirmed in another earlier court challenge. Apart from the legal system, there is provision for an appeal of licensing decisions to independent Regional and Atlantic License Appeal Boards but the Minister is not legally bound to accept recommendations made by them. DFO obtains legal advice from Department of Justice lawyers on such initiatives as new policy initiatives, changes to management strategies, regulatory amendments and new licence conditions for the fishery. This advice is sought to ensure that DFO is acting within its legal authority, and as a consequence, the risk of legal disputes may be reduced.

As well, DFO engages all key stakeholders in discussions related to, inter alia, proposed changes to legislation and fisheries management measures through such fora as the Southern Gulf of St. Lawrence Lobster Advisory Committee and the Maritimes Region Lobster Advisory Committee. This is to ensure that proposed changes are understood by stakeholders and that the information, experiences and perspectives of stakeholders are considered. It may also assist in resolving differences without the need for court proceedings. In addition to the established advisory committee processes, a number of other activities where industry and /or other stakeholders groups can contribute their views frequently involve DFO when significant strategic policy, regulatory and program changes or reviews are undertaken or proposed. Examples include parliamentary committee hearings, independent panels, inter-governmental roundtables, commissions of inquiry, and judicial reviews of ministerial decisions. All of these activities can lessen the likelihood of legal challenges.

8.4.1.2 Consultation processes For quite some time, DFO’s Gulf and Maritimes Regions’ approach to formal industry engagement on fisheries management issues has been centred on advisory committees consisting of representatives of various accredited inshore fish harvester associations, aboriginal groups, processors, and provincial government representatives. Other federal department representatives may be invited to participate when other industry- impacting issues arise.

24 The LFA 38B lobster fishery is closed for a three-day period preceding the opening of the LFA 38 fishery on the second Tuesday in November.

The Gulf Region’s Southern Gulf of St. Lawrence Lobster Advisory Committee is the umbrella consultative body for the commercial lobster fishery in LFAs 23, 24, 25 and 26A&B. The frequency of Committee meetings has varied over the years because of multi-year fishery management planning, the frequency of lobster stock assessments for each LFA and the timing of the Regional Assessment Process (RAP). The committee is convened following the release of the scientific assessment of the fishery or when new policy or management measures are contemplated. The Committee has Terms of Reference that address its role and scope, chairmanship, meeting proceedings and frequencies, administration and membership. Outcomes are not voted upon by the membership, rather consensus is preferred. A provisional agenda is circulated approximately 2-3 weeks prior to the meeting of the committee which affords the participating fish harvester organizations the opportunity to prepare their positions, and seek agenda additions. Minutes are normally prepared by DFO, circulated to members for approval at the next meeting.

Each LFA of the Southern Gulf of St. Lawrence has its own local lobster advisory committee which consists of representatives of DFO, fish harvesters, aboriginal communities and provincial government staff (as necessary). These committees have formal terms of reference and members meet annually to discuss issues specific to their LFAs such as fishery openings, management measures, licensing administrative rules, research projects, and enforcement.

The vast majority of representatives have been involved in these long-standing consultation processes for many years and have a good understanding of their roles and responsibilities, committee procedures, and the decision-making process.

The DFO Maritimes’ Regional Lobster Advisory Committee (MRLAC), which is the umbrella consultative body for LFAs 27 to 38, meets on an annual basis. The MRLAC is tasked with providing input and advice to DFO on the conservation, protection, scientific research and proper management of the lobster resource. It serves as the pre-eminent consultative forum for the development of management measures across LFAs. The Committee is comprised of representation from each LFA and will reflect Aboriginal and non- Aboriginal harvesters, buyers, processors, provincial governments, fishery unions/associations. Other community stakeholders and non-governmental organizations may participate in meetings at the discretion of the Committee. The Committee operates on a consensus basis (no voting). All members present will be polled for their position on any item when a consensus is not achieved, and the results submitted to appropriate DFO senior management for decision. All Committee meetings are open to observers, including the media unless otherwise specified. Any representation(s) from observers to the Committee shall be at the invitation of the Chair and/or Co-Chair only.

All LFAs have functioning local lobster advisory committees that meet at least annually and more frequently as necessary. Most, if not all, LFA committees operate under formal Terms of Reference. Several committees operate with DFO and Industry co-chairs. Participants generally include representatives of fish harvesters and organizational staff, various DFO sector representatives, aboriginal communities and the Nova Scotia Department of Fisheries and Aquaculture. The local advisory committee members typically deal with issues and concerns that pertain to their LFA. The Lobster Fishing Area 34 Advisory Committee appears to have a more structured organization than those for other LFAs. Nonetheless it also provides input and advice and makes recommendations to DFO in regards to the conservation, protection, scientific research and management of the lobster resource.

In Nova Scotia, the federal and provincial governments and the leadership of the 13 Mi’kmaq First Nations have agreements that define and guide how the parties will negotiate and conduct consultations on a wide range of issues. The framework agreement, known as the Mi'kmaq - Nova Scotia - Canada Framework Agreement25 is to promote efficient, effective, orderly and timely negotiations towards a resolution of

25 http://www.aadnc-aandc.gc.ca/eng/1100100031915/1100100031916

issues respecting Mi'kmaq rights and title. To that end, the Agreement established: (i) objectives for the negotiations; (ii) subject matters that are to be included in negotiations; (iii) process parameters such as interim, or incremental, measures or agreements, approvals, the negotiation process, funding, termination and amendment; and (iv) other conditions that will foster a helpful environment for negotiations.

In August 2010 an agreement was concluded which established ‘an independent, clear and efficient means for Canada and Nova Scotia to consult the Mi'kmaq of Nova Scotia on proposed activities or projects’.26 The Agreement on consultation is part of the broader negotiations to resolve outstanding questions in relation to Aboriginal and treaty rights and self-government between Canada, Nova Scotia and the Mi'kmaq of Nova Scotia, called the ‘Made-in-Nova Scotia Process’. It addresses the direction provided by the Supreme Court of Canada in the 2004 Haida and Taku River decisions regarding the legal duty to consult.

In 2011, both levels of government and representatives of the 15 Mi’gmag and Maliseet First Nations of New Brunswick signed the Mi’gmag Wolastoqiyik / New Brunswick / Canada Umbrella Agreement27 which established an effective and orderly process to help guide future discussions among the parties towards the conclusion of a tri-partite Framework Agreement on Aboriginal and treaty rights and self-government and a consultation agreement.

8.4.1.3 Long-term objectives DFO’s Mandate and role is currently stated on its website as follows28: “Canada is uniquely blessed with an abundance of freshwater and marine and coastal areas that are ecologically diverse and economically significant. The core business of Fisheries and Oceans Canada and the Canadian Coast Guard, managing Canada’s fisheries and safeguarding its waters, is central to who we are as a Department. Our work is part of the daily lives of Canadians. We: - ensure commercial vessels and recreational boaters can safely navigate our waters and are there to save lives and protect our environment when emergencies arise; - sustainably manage fisheries and aquaculture and work with fishers, coastal and Indigenous communities to enable their continued prosperity from fish and seafood; and - ensure that Canada’s oceans and other aquatic ecosystems are protected from negative impacts.

In over 400 locations across Canada, the employees of Fisheries and Oceans Canada and the Canadian Coast Guard carry out important work and deliver real results to Canadians. This work is centered on four core responsibilities: Fisheries. We ensure Canada’s fisheries, including aquaculture, are protected, managed sustainably and support Indigenous participation, and that our national network of harbours is open and in good repair. Aquatic ecosystems. We protect our oceans, freshwater and aquatic ecosystems and species from the negative impact of humans and invasive species through sound science and in collaboration with Indigenous communities. Marine navigation. We maintain waterways year round so they are safely navigable by mariners and all Canadians. Marine operations and response. We respond to maritime incidents, such as search-and-rescue and environmental emergencies, through our Coast Guard fleet and in collaboration with Indigenous communities. Each responsibility calls for science-based decision-making, engagement with Canada’s Indigenous Peoples and reliance on the Canadian Coast Guard fleet as a platform for our on-water activities.”

26 http://www.aadnc-aandc.gc.ca/eng/1100100015373/1100100015377 27 http://www.aadnc-aandc.gc.ca/eng/1315679203831/1315679413935 28 https://www.dfo-mpo.gc.ca/about-notre-sujet/org/mandate-mandat-eng.htm

A detailed inventory of programs and services that support the Department’s core fishery management responsibilities is given under various headings as follows: Conservation and Sustainability • Conservation of Wild Pacific Salmon o Canada’s Policy for Conservation of Wild Pacific Salmon (2004) o Wild Salmon Policy 2018 to 2022 Implementation Plan • Canada's Wild Atlantic Salmon Conservation Policy (2018) o Atlantic Salmon Conservation 2019 to 2021 Implementation Plan • Strategic Framework for Fishery Monitoring and Catch Reporting in the Pacific Fisheries • Sustainable Fisheries Framework o A Fishery Decision-Making Framework Incorporating the Precautionary Approach (April 2009) o Guidance for the Development of Rebuilding Plans under the Precautionary Approach Framework: Growing Stocks out of the Critical Zone (April 2013) o Policy for Managing the Impacts of Fishing on Sensitive Benthic Areas (April 2009) o Ecological Risk Assessment Framework (ERAF) for Coldwater Corals and Sponge Dominated Communities (April 2013) o Policy on New Fisheries for Forage Species (April 2009) o Policy on Managing Bycatch (April 2013) o Guidance on Implementation of the Policy on Managing Bycatch (April 2013) • Atlantic Canadian loggerhead turtle conservation action plan Aboriginal Fishing • Aboriginal Fisheries Strategy • An Integrated Aboriginal Policy Framework • Strengthening Our Relationship: The Aboriginal Fishing Strategy and Beyond Commercial Fishing • New Access Framework (Atlantic, 2002) • Atlantic Fisheries Policy Review - A Policy Framework for the Management of Fisheries on Canada's Atlantic Coast • New Emerging Fisheries Policy • Section 10 of the Fisheries Act: Fish Allocation for Financing Purposes • Policy for Preserving the Independence of the Inshore Fleet in Canada’s Atlantic Fisheries • Commercial Fisheries Licensing Policy for Eastern Canada — 1996 • Policy on Issuing Licences to Companies (For Canada's Inshore Atlantic Fisheries) • Memorandum of Understanding between Fisheries and Oceans Canada (DFO) and Transport Canada (TC) regarding safety at Sea of Commercial Fish Harvesters • Commercial Fisheries Licensing Policy for the Maritimes Region • Commercial Fisheries Licensing Policy for the Gulf Region • Commercial Fisheries Licensing Policy for Newfoundland and Labrador Region Recreational Fishing • Atlantic Recreational Fishing Licence Program • Recreational Fisheries in Canada - Operational Policy Framework

A major current priority of the Department is developing three work plans in response to Recommendation 2.28, 2.63 and 2.65 in the Commissioner of the Environment and Sustainable Development’s (CESD)’s October 2016 Report 2- Sustaining Canada’s Major Fish Stocks – Fisheries and Oceans Canada. The audit recommendations and Fisheries and Oceans Canada’s response to each recommendation can be found in the Department’s Management Action Plan. The three work plans identify priority actions for fiscal 2019-20 to:

• Develop precautionary approach reference points and harvest control rules for the major fish stocks. This plan (Work Plan 1) is in response to recommendations 2.63 and 2.65. • Develop rebuilding plans for major fish stocks that are in the precautionary approach critical zone that do not have a rebuilding plan. This plan (Work Plan 2) is in response to recommendation 2.28. • Complete Integrated Fisheries Management Plans (IFMPs) for the major fish stocks that currently do not have an IFMP, update IFMPs as needed, and make IFMPs accessible via the DFO website. This plan (Work Plan 3) is in response to recommendation 2.28.

8.4.1.4 Fishery-specific objectives 8.4.1.4.1 UoAs 1 and 2 – SGSL PEI and NB-NS DFO’s objectives for the commercial lobster fishery of the Southern Gulf of St. Lawrence, are presented in the approved Integrated Fisheries Management Plan. DFO is committed to managing the fishery in a manner that helps industry stakeholders and aboriginal organizations to be economically successful while using the ocean’s resources in an environmentally sustainable manner. A summary of these objectives is provided: • Stock conservation: Improve data gathering to determine spatial impact of the fishery, reduce dependency on new recruits, protect reproductive potential, and define biological reference points; • Ecosystem: Minimize incidental catch of non-commercial lobster and other species, complete a coastal mapping program including lobster habitat, and mediate collateral effects of the fishery; • Stewardship: Provide timely and inclusive industry engagements, maintain a transparent working relationship and build a collaborative approach among the various stakeholders; and • Social, cultural and economic: Promote an efficient and orderly fishery and high-quality product, and provide a stable, transparent and predictable means of managing the fishery.

The IFMP’s Performance Review section identifies priorities regarding management and conservation. These are intended to provide the means to assess progress on an ongoing basis and achieve the IFMP’s stated objectives. Though management of the fishery strives to meet both social and economic objectives, the overriding objectives are stock, habitat and ecosystem protection. The review indicators are characterized as being both qualitative and quantitative, and supporting MSC Principles 1 and 2.

8.4.1.4.2 UoAs 3, 4 and 5 – Scotian Shelf and Bay of Fundy DFO Maritime Region’s objectives, strategies and tactical management measures for the commercial lobster fishery in LFAs 27-33, 34 and 35-38 are outlined in the current Integrated Fisheries Management Plan.29 The Plan was developed in conjunction with lobster harvesters, and reflects an ecosystem approach, employs co- management, and promotes shared stewardship all of which combine to ensure sustainability of the fishery.

The overarching conservation objective is to allow sustainable use that safeguards ecological processes and genetic diversity for present and future generations. Productivity is currently the primary conservation objective for all of the region’s LFA. In addition, DFO’s conservation objectives for the fishery are intended to not cause unacceptable: • reduction in productivity so that components can play their role in the functioning of the ecosystem; • reduction in biodiversity in order to preserve the structure and natural resilience of the ecosystem; and • modification to habitat in order to safeguard both physical and chemical properties of the ecosystem.

DFO Maritimes Region’s social, cultural and economic objectives for the lobster fishery include:

29 http://www.dfo-mpo.gc.ca/fm-gp/peches-fisheries/ifmp-gmp/maritimes/insholob-2011-eng.htm

• supporting healthy and prosperous Aboriginal communities, and respecting the constitutional protection afforded Aboriginal and treaty rights; and

• creating the circumstances for economically prosperous fisheries wherein fishing enterprises are more self-reliant, self-adjusting and internationally competitive while using the ocean’s resources in an environmentally sustainable manner.

These objectives are translated into practical terms through the definition of strategies that define what is being done to manage pressures imposed by fishing activities in order to control their impact on fish population and ecosystem attributes. Pressures include fishing mortality, disturbance of bottom habitat and introduction of pollutants. Fish population attributes include spawning biomass, size/age structure, and genetic diversity. Similarly, ecosystems attributes include the area of a particular habitat type and the balance of predators to prey.

8.4.1.5 Decision-making processes The decision-making process for the Southern Gulf of St Lawrence Lobster Fishery and the Scotia- Fundy/Maritimes Lobster Fishery is not unlike the process in use for all major commercial fisheries in Atlantic Canada and Quebec.

Decision memoranda along with relevant attachments are required when seeking decisions from the Minister or the Regional Directors General. The purpose of these memoranda is to provide information about a fishery or an issue along with options and recommendations for decision-making. The decision memoranda ensure that all internal and industry stakeholders’ perspectives are reflected and that positive and negative outcomes for each option are described. The Regional Resource Management Branch is responsible and accountable for the development of these memoranda. The development of the decision memoranda is generally initiated by the post-seasonal review of a fishery to present recommendations for next cycle’s fishery management. However, it can also be triggered during the season when an important issue arises (i.e. new information found by Science).

There is an annual recurring fishery management cycle for the Southern Gulf and Scotia-Fundy/Maritimes lobster fisheries. During the fishery, information and data are collected by various DFO sectors (Science, Fisheries and Aquaculture Management, Policy and Economics) and a variety of stakeholder groups usually through partnership agreements or protocols with DFO (eg. Fish Harvester Organizations, Aboriginal Organizations, various NGOs, and academic institutions.

As noted previously, an advisory committee is established for each major commercial fishery. As part of the post-seasonal review, all participants of the advisory committee meet through a consultation meeting. Prior to the consultation meeting however, Resource Management would request information from all applicable sectors, namely, Science and Policy and Economics. After the consultation meeting, information from all stakeholders is consolidated by Resource Management.

8.4.1.6 Compliance and enforcement The monitoring, control and surveillance (MCS) function is assigned to DFO’s Conservation and Protection (C&P) program which seeks to facilitate public compliance with applicable Acts and supporting regulations relating to the conservation and sustainable use of Canada’s fisheries resources, the protection of species at risk, fish habitat and oceans. The Director General of C&P, as the senior DFO enforcement officer, promulgates technical policies and procedures to facilitate the delivery of the department’s compliance and enforcement program. Program delivery is highly decentralized under the Regional Directors General. The Directors of C&P for the Gulf and Maritimes Regions have direct line authority over Area-level C&P Fishery

Officers, reports to the Regional Director of Fisheries and Aquaculture Management, and receives functional guidance and direction from the Director General at National Headquarters.

The monitoring, control and surveillance program in place for the lobster is multi-faceted, and effectively planned and delivered to enforce relevant management measures and rules within the financial constraints of program resources. There is a general view that the vast majority of lobster fish harvesters comply with the management system and are supportive of DFO’s efforts which includes collaborating with C&P on a number of shared stewardship initiatives.

8.4.1.6.1 UoAs 1 and 2 – SGSL PEI and NB-NS Table 43 shows the levels of fishery officer hours applied to all lobster fisheries in the Gulf Region in 2016 to 2018. This effort increased in 2017 from the previous year and settled back in 2018 to just 6 percent below that level.

Table 43. Total Fishery Officer Hours for all LFAs in the SGSL. Source: DFO C&P Presentation to the SGSL Lobster Advisory Committee, 2018. Year Total Fishery Officers Hours 2016 10,436 2017 11,747 2018 10,786

Table 44 shows the various outcomes of surveillance and enforcement efforts directed at all LFAs in the Gulf Region for 2017 and 2018. The total number of charges laid has declined over that three year period for all violations except for size limits infractions where the number is slightly higher in 2018 than in 2016. The most prevalent violations for which charges were laid over the three year period are illegal gear, illegal possession, licence/registration infractions and size limits. It might be noted that charges for reporting infractions have declined significantly since 2016.

Charges pending increased in 2018 to levels several times those of the two previous years. This likely signifies only time involved in getting charges heard in the court system. The charges pending pretty much mirrors the pattern exhibited in the annual number of charges laid.

Warnings issued appear to be a significant enforcement strategy as they outnumber the total of charges laid and pending on a yearly basis.

Table 44. Gulf Region Surveillance and Enforcement Outcomes for all LFAs, 2017 and 2918. Source: DFO C&P Presentation to the SGSL Lobster Advisory Committee, 2018. Charges Charges laid Seizures Warnings Convictions/Fines pending 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 Total 45 52 142 116 62 140 99 41 320 368 $88,800 $101,250 Assault / Obstruct 6 2 2 0 2 0 Illegal Gear 20 14 0 27 97 25 29 43 Illegal Buy/ Sell/ 26 28 12 30 0 2 33 40 Possess Other Legislation 1 1 2 1 0 1 3 3 Registration / Licence 22 19 25 22 0 0 146 143 Species/Size limit 34 29 10 19 0 2 30 27 Area/Time 15 14 4 31 2 11 9 22 Inspection 1 0 1 2 28 7 Gear conflict 0 3 0 0 8

Reporting 15 5 3 8 39 71 Quota/Bag limits 1 0 2 0 1 1 Habitat 0 1 Illegal Export 0 0 1 0 Illegal Transport 0 1 Foreign – Unauthorized 0 0 0 2 entry/Fishing

8.4.1.6.2 UoAs 3, 4 and 4 – Scotian Shelf and Bay of Fundy The Maritimes Region recorded a total of 17,636 fishery patrol hours in 2018. Some 10,048 (57 %) of these hours were expended on inshore lobster enforcement activities.

These enforcement efforts produced the outcomes shown in Table 45. A total of 639 infractions were detected during 2018 and a total 69 fines were levied in the same 12 month period. Note that these cannot be linked directly to the infractions of that same year as court proceedings usually result in overlap between charges and convictions. The most prevalent infraction involved registration/licence requirements followed by use of illegal gear and then by illegal possession or sale of lobster. Fines levied reflect this pattern of violations.

Table 45. Maritimes Region Surveillance and Enforcement Outcomes for all LFAs, 2018. Source: DFO Maritimes Violation Infractions Fines Levied Area/Time 84 7 Assault/Obstruct 2 1 Unauthorized Foreign 2 0 Illegal Gear 170 12 Gear Conflict 2 0 Illegal Buy Sell Possess 120 20 Illegal Export 0 0 Illegal Transport 0 0 Inspection 13 0 Other Legislation 6 1 Quota/Bag Limits 7 0 Registration/Licence 161 16 Reporting 28 2 Species/Size Limit 44 10 Total 639 69

8.4.1.7 Moitoring and management performance evaluation The IFMPs for commercial lobster fisheries describe the program review process for monitoring the lobster management system and evaluating its performance in relation to the IFMP’s strategic objectives. Specific performance metrics, both qualitative and quantitative, are used for this purpose. Stakeholder input is accommodated via the Regional Lobster Advisory Committee. A number of internal and external mechanisms are in place and in use to monitor and evaluate the performance of the management system for the both of these commercial lobster fisheries.

A number of formal external reviews or studies of the performance of various aspects of the Atlantic lobster fishery (or associated fisheries) have been undertaken over the course of the past two decades. Frequently, the work undertaken by the government bodies is informed by expert witnesses and leading stakeholder representatives who appear and provide their perspectives and advice. Recommendations contained in these

reports must be addressed by the appropriate department, typically within a prescribed timeframe; responses are also published.

The most recent external review of DFO’s fisheries management practices was the Commissioner of the Environment and Sustainable Development’s (CESD) October 2016 Report 2 – “Sustaining Canada's Major Fish Stocks - Fisheries and Oceans Canada”. This report contained several findings of deficiencies in lack of IFMPs and Stock Recovery Plans for depleted fish stocks. DFO is now engaged in a number of remedial responses to these findings30.

30 http://www.dfo-mpo.gc.ca/ae-ve/audits-verifications/18-19/work-plan-travail-eng.html

Principle 3 Performance Indicator scores and rationales PI 3.1.1 – Legal and/or customary framework All UoAs The management system exists within an appropriate legal and/or customary framework which ensures that it: - Is capable of delivering sustainability in the UoA(s); PI 3.1.1 - Observes the legal rights created explicitly or established by custom of people dependent on fishing for food or livelihood; and - Incorporates an appropriate dispute resolution framework

Scoring Issue SG 60 SG 80 SG 100 Compatibility of laws or standards with effective management There is an effective national There is an effective national There is an effective national legal legal system and a framework legal system and organised and system and binding procedures for cooperation with other effective cooperation with other governing cooperation with a Guide parties, where necessary, to parties, where necessary, to other parties which delivers post deliver management outcomes deliver management outcomes management outcomes consistent with MSC Principles 1 consistent with MSC Principles 1 consistent with MSC Principles 1 and 2 and 2. and 2.

Met? Yes Yes Yes

Rationale There is an effective national legal system and binding procedures governing cooperation with other parties which delivers management outcomes consistent with MSC Principles 1 and 2. The national legal system consists of a comprehensive and modern suite of federal statutes and regulations that are amended when necessary to account for changes to the management regime for commercial, recreational and indigenous fisheries, new strategic policy frameworks, and judicial decisions. A well-defined parliamentary/public consultation process is triggered when statutory changes are contemplated for the purpose of promoting organized and effective cooperation with affected or interested parties. Additionally, there is a specific consultation process in place to inform and seek effective collaboration on a wide range of fisheries programs and related outcomes consistent with MSC Principles 1 and 2 i.e. management measures, enforcement and compliance, oceans and ecosystems, species-at-risk, and stock assessments. Accordingly, SG 60 and 80 are met.

The Maritime Canada inshore lobster fishery is not subject to international cooperation for management of the stock, or other fisheries under the same management framework. An exception exists with respect to aboriginal rights to fish for Food, Social and Ceremonial (FSC) purposes and to pursue a moderate livelihood from the Communal Commercial (CC) fishery where binding (legal) imperatives have been defined by the Courts and are recognized by the lobster fishery’s management system. Accordingly, SG 100 is met. Resolution of disputes The management system The management system The management system incorporates or is subject by law incorporates or is subject by law incorporates or is subject by law to a mechanism for the to a transparent mechanism for to a transparent mechanism for b Guide resolution of legal disputes the resolution of legal disputes the resolution of legal disputes post arising within the system. which is considered to be that is appropriate to the context effective in dealing with most of the fishery and has been tested issues and that is appropriate to and proven to be effective. the context of the UoA. Met? Yes Yes Yes

Rationale

The management system exists within an appropriate legal and/or customary framework which ensures that it: - Is capable of delivering sustainability in the UoA(s); PI 3.1.1 - Observes the legal rights created explicitly or established by custom of people dependent on fishing for food or livelihood; and - Incorporates an appropriate dispute resolution framework The management system incorporates or is subject by law to a transparent mechanism for the resolution of legal disputes that is appropriate to the context of the fishery and has been tested and proven to be effective. The Canadian judicial system provides for the resolution of legal disputes that is both appropriate to the context of the lobster fishery and has been tested and proven to be effective. Most but not all legal disputes involving the fishery are argued at the provincial and federal court levels; plaintiffs also can apply for judicial review of a federal government decision and/or launch legal action up to the Supreme Court. In addition, DFO has had a longstanding independent, quasi-administrative tribunal process in place whereby licence holders can seek to have certain departmental licensing decisions reviewed. The tribunal process provides recommendations to the Minister who has the authority to render a final decision. The Assessment team believes that very few legal disputes are filed annually with the Courts across Eastern Canada. Accordingly, SG 60, SG 80 and SG 100 are met. Respect for rights The management system has a The management system has a The management system has a mechanism to generally respect mechanism to observe the legal mechanism to formally commit to the legal rights created explicitly rights created explicitly or the legal rights created explicitly c Guide or established by custom of established by custom of people or established by custom of post people dependent on fishing for dependent on fishing for food or people dependent on fishing for food or livelihood in a manner livelihood in a manner consistent food and livelihood in a manner consistent with the objectives of with the objectives of MSC consistent with the objectives of MSC Principles 1 and 2. Principles 1 and 2. MSC Principles 1 and 2. Met? Yes Yes No

Rationale The management system has a mechanism to observe the legal rights created explicitly or established by custom of people dependent on fishing for food or livelihood in a manner consistent with the objectives of MSC Principles 1 and 2. In the SGSL, Scotian Shelf and Bay of Fundy like elsewhere in eastern Canada, Indigenous Peoples have a constitutionally- affirmed and protected right to fish for FSC purposes as a result of the Supreme Court of Canada’s decision in Sparrow. Additionally, the Supreme Court’s decision in Marshall confirmed that the Mi’gmaq and Maliseet First Nations hold a communal right to access the commercial fisheries for the purpose of pursuing a moderate livelihood from fishing. FSC fishing access is subject to management measures linked to the fishery’s conservation requirements. Consultations between First Nations and the Federal Government must comply with binding legal requirements stipulated by the Supreme Court. Fishery management measures for communal commercial (CC) fishing are well defined and generally consistent with regulations and policies in effect for non-indigenous commercial fishing. Therefore SG60 and SG80 are met. The present status of the department’s aboriginal fishery strategy and current operational and program arrangements need to be updated. Also recent amendments to the Fisheries Act need to be elaborated as to their effect on Canadian Fisheries management powers, policies and practices. References

The Legal Framework Section of 8.4.1.1 above and the sources cited therein.

Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Applicable SGs/elements likely met Likely overall PI score Draft scoring range SG60 SG80 SG100

3 of 3 3 of 3 2 of 3 ≥80

2 Scoring element 2 X of x X of x X of x

3 Scoring element 3 X of x X of x X of x

4 Scoring element 4 X of x X of x X of x

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 3.1.2 – Consultation, roles and responsibilities All UoAs The management system has effective consultation processes that are open to interested and affected parties PI 3.1.2 The roles and responsibilities of organisations and individuals who are involved in the management process are clear and understood by all relevant parties

Scoring Issue SG 60 SG 80 SG 100 Roles and responsibilities Organisations and individuals Organisations and individuals Organisations and individuals involved in the management involved in the management involved in the management process have been identified. process have been identified. process have been identified. a Guide Functions, roles and Functions, roles and Functions, roles and post responsibilities are generally responsibilities are explicitly responsibilities are explicitly understood. defined and well understood for defined and well understood for key areas of responsibility and all areas of responsibility and interaction. interaction. Met? Yes Yes Yes

Rationale Organisations and individuals involved in the management process have been identified. Functions, roles and responsibilities are explicitly defined and well understood for all areas of responsibility and interaction. Lobster Advisory Committees continue to be the focal point of discussion between DFO, industry representatives and other stakeholders on all matters of relevance to the management of the fishery. Deliberations are informed by well established principles and objectives. Committee membership has remained largely the same with minimal personnel turnover; representatives have acknowledged that they fully understand their roles and responsibilities; the functional aspects of the committee’s business have evolved in keeping with the scope of the fishery and the emergence of new policy and regulatory schemes. Accordingly, SG 60, 80 and 100 are met. Consultation processes The management system The management system The management system includes includes consultation processes includes consultation processes consultation processes that that obtain relevant that regularly seek and accept regularly seek and accept relevant b Guide information from the main relevant information, including information, including local affected parties, including local local knowledge. The knowledge. The management post knowledge, to inform the management system system demonstrates management system. demonstrates consideration of consideration of the information the information obtained. and explains how it is used or not used. Met? Yes Yes No

Rationale The management system includes consultation processes that regularly seek and accept relevant information, including local knowledge. The management system demonstrates consideration of the information obtained. The management system is committed to an open sharing of information and data of relevance to the commitee’s business. This extends beyond the formal meetings of the committee and includes workshops and local community interactions. The client group is thus able to share the same information with their members, and, in the process, obtain important advice on formulating its views and recommendations. Both DFO and the client group place considerable importance on local knowledge in developing new policies and guidelines (e.g. protection measures for the NARW, designation of new MPAs).

The management system has effective consultation processes that are open to interested and affected parties PI 3.1.2 The roles and responsibilities of organisations and individuals who are involved in the management process are clear and understood by all relevant parties DFO’s longstanding practice of timely communicating its fisheries management decisions to stakeholders, the media and general public through press releases, notices to harvesters, and now various social media platforms provides it with the opportunity to explain how information was used or not used. As well, local and regional media outlets are generally well informed of the management system’s evolving measures.

The RAP remains an important science-based peer review forum for generating the best available scientific advice in support of the fishery’s management system. While its discussions are not open to the public, a representative of the client group would be invited to participate in the review process but not in the capacity of an advocate for the group. The forum considers all available information and perspectives in formulating its analysis and advice. Its peer-reviewed reports are posted on the CSAS website. Accordingly, SG 60 and 80 are met. It’s not clear whether the management system explains how the information is used or no used, preventing the fishery from meeting SG100. Participation The consultation process The consultation process provides provides opportunity for all opportunity and encouragement Guide interested and affected parties for all interested and affected

c post to be involved. parties to be involved, and facilitates their effective engagement. Met? Yes No

Rationale The consultation process provides opportunity for all interested and affected parties to be involved. The Canadian Atlantic lobster fishery consultative process is a long-standing one that has become more formalized with recent IFMPs and specific committee terms of reference. The representatives from industry and other levels of government generally have been involved with this process for some years and understand the system including the decision making process. It's not clear how the consultation process facilitates the effective engagement of all intested and affected parties, preventing the fishery from meeting SG100. References DFO 2011. Inshore Lobster Integrated Fishery Management Plan Lobster Fishing Areas 27 – 38. Scotia-Fundy Sector - Maritimes Region – 2011.

Applicable SGs/elements likely met Likely overall PI score Draft scoring range SG60 SG80 SG100

2 of 2 3 of 3 1 of 3 ≥80

Information gap indicator More information sought / Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Individual scoring elements Applicable SGs met per individual scoring element

2 Scoring element 2 X of x X of x X of x

3 Scoring element 3 X of x X of x X of x

4 Scoring element 4 X of x X of x X of x

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 3.1.3 – Long term objectives All UoAs

The management policy has clear long-term objectives to guide decision-making that are consistent PI 3.1.3 with MSC Fisheries Standard, and incorporates the precautionary approach

Scoring Issue SG 60 SG 80 SG 100 Objectives Long-term objectives to guide Clear long-term objectives that Clear long-term objectives that decision-making, consistent with guide decision-making, guide decision-making, consistent a Guide the MSC Fisheries Standard and consistent with MSC Fisheries with MSC Fisheries Standard and post the precautionary approach, are Standard and the precautionary the precautionary approach, are implicit within management approach are explicit within explicit within and required by policy. management policy. management policy. Met? Yes Yes Partial

Rationale Clear long-term objectives that guide decision-making, consistent with MSC Fisheries Standard and the precautionary approach, are explicit within and required by management policy.

DFO’s management policy at the national level consists of a comprehensive suite of frameworks of clear long-term objectives that guide decision-making consistent with MSC Fisheries Standard and the precaurtionary approach, and are explicit within and required by management policy. Policy frameworks have been developed for DFO’s Fisheries Management, Science, and Ecosystem and Oceans sectors and all are posted on the department’s national website. Science-based frameworks have been peer-reviewed where required. In several instances, guidance and planning and monitoring tools have been developed to ensure associated decision-making within management policy meets the long-term objectives. DFO’s Sustainability Fisheries Framework and supporting policy guidance best reflects the requirements of MSC Principles and Criteria. It lays the foundation for an ecosystem-based and precautionary approach to fisheries management in Canada. In 2010, DFO Science initiated work on identifying those indicators that would best serve as reference points for the eventual design and implementation of the precautionary approach for the various lobster stocks of Atlantic Canada. The formatting layout and contents of the mandate, roles and objectives sections of the Department’s website have recently been changed. While it appears this has resulted in no diminution of DFO’s overall fisheries management objectives more detailed explanations and elaborations would be in order. Accordingly, SG 60, SG 80 are met and SG 100 is partially met. References A Framework for the Application of Precaution in Science-based Decision-Making about Risk http://www.pco.bcp.gc.ca/index.asp?lang=eng&page=information&sub=publications&doc =precaution/precaution_e.htm DFO’s Oceans Management Approach http://www.dfo-mpo.gc.ca/oceans/management-gestion/index-eng.htm A New Ecosystem Science Framework in Support of Integrated Management http://www.dfo-mpo.gc.ca/science/Publications/Ecosystem/index-eng.htm Ecosystem Considerations in Fisheries Management http://www.dfo-mpo.gc.ca/fgc-cgp/documents/parsons_e.pdf Guidelines on Evaluating Ecosystem Overviews and Assessments http://www.dfo-mpo.gc.ca/csas/Csas/status/2005/SAR-AS2005_026_e.pdf Policy for Managing the Impact of Fishing on Sensitive Benthic Areas http://www.dfo-mpo.gc.ca/fm-gp/peches-fisheries/fish-ren-peche/sff-cpd/benthi-backfiche-eng.htm Canada’s Ocean Strategy – Policy and Operational Framework http://www.dfo-mpo.gc.ca/oceans/publications/cosframework-cadresoc/pdf/im-gieng.pdf Sustainable Fisheries Framework

The management policy has clear long-term objectives to guide decision-making that are consistent PI 3.1.3 with MSC Fisheries Standard, and incorporates the precautionary approach

http://www.dfo-mpo.gc.ca/fm-gp/peches-fisheries/fish-ren-peche/sff-cpd/overviewcadre-eng.htm A Fishery Decision-Making Framework Incorporating the Precautionary Approach http://www.dfo-mpo.gc.ca/fm-gp/peches-fisheries/fish-ren-peche/sff-cpd/precautioneng.htm Policy on Managing Bycatch http://www.dfo-mpo.gc.ca/fm-gp/peches-fisheries/fish-ren-peche/sff-cpd/bycatch-policyprise-access-eng.htm Application of the Sustainable Fisheries Framework through the Integrated Fisheries Management Planning Process http://www.dfo-mpo.gc.ca/fm-gp/peches-fisheries/fish-ren-peche/sff-cpd/ifmp-pgip-backfiche-eng.htm Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Applicable SGs/elements likely met Likely overall PI score Draft scoring range SG60 SG80 SG100

1 of 1 1 of 1 P of 1 ≥80

Information gap indicator More information sought

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 3.2.1 – Fishery-specific objectives UoAs 1 and 2 – SGSL PEI and NB-NS The fishery-specific management system has clear, specific objectives designed to achieve the outcomes PI 3.2.1 expressed by MSC’s Principles 1 and 2

Scoring Issue SG 60 SG 80 SG 100 Objectives Objectives, which are broadly Short and long-term objectives, Well defined and measurable consistent with achieving the which are consistent with short and long-term objectives, outcomes expressed by MSC’s achieving the outcomes which are demonstrably a Guide Principles 1 and 2, are implicit expressed by MSC’s Principles 1 consistent with achieving the post within the fishery-specific and 2, are explicit within the outcomes expressed by MSC’s management system. fishery-specific management Principles 1 and 2, are explicit system. within the fishery-specific management system. Met? Yes Yes Yes

Rationale Well defined and measurable short and long-term objectives, which are demonstrably consistent with achieving the outcomes expressed by MSC’s Principles 1 and 2, are explicit within the fishery-specific management system. The approved IFMP as provided to the assessment team identifies 4 specific objectives for the SGSL lobster fisheries. They are: stock conservation, ecosystem, stewardship, and social/cultural/economic. These objectives are broadly consistent with achieving the outcomes expressed by the MSC’s Principles 1 and 2 and are therefore implicit within the fishery’s management system. The fishery specific objectives are further informed by supporting activities (or outcome statements) that are set out over the short, medium and long term. The IFMP Performance Review section identifies indicators that serve to assess progress in achieving the short, medium and long-term objectives, and they are explicitly stated in the IFMP. Therefore the assessment team considers that SG60, SG80 and SG100 are met. References

DFO. 2014b. Lobster in the Southern Gulf of St. Lawrence. Integrated Fisheries Management Plan, March 2014.

Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Applicable SGs/elements likely met Likely overall PI score Draft scoring range SG60 SG80 SG100

1 of 1 1 of 1 1 of 1 ≥80

Information gap indicator Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

UoAs 3, 4 and 5 – Scotian Shelf and Bay of Fundy The fishery-specific management system has clear, specific objectives designed to achieve the outcomes PI 3.2.1 expressed by MSC’s Principles 1 and 2

Rationale Short and long-term objectives, which are consistent with achieving the outcomes expressed by MSC’s Principles 1 and 2, are explicit within the fishery’s management system. The lobster IFMP for Units of Certification 3, 4 and 5 was approved in 2011. It contains clear, specific objectives for the fishery that are consistent with achieving the outcomes expressed by MSC’s Principles 1 and 2, and are explicit within the fishery’s management system. The objectives are translated into practical terms through the definition of strategies that define what is being done to manage pressures imposed by fishing activities in order to control their impact on fish population and ecosystem attributes. Tactical management measures have also been defined to guide how the strategies will be implemented to manage the pressures imposed by fishery activities. The IFMP’s objectives for the lobster fishery have not been well-defined as being short term and long term, nor have associated timeframes been attributed. While the Assessment Team is satisfied that the objectives are very likely measurable based on the IFMP’s tactical measures, it found no evidence to conclude that the objectives were demonstrably consistent with achieving the outcomes expressed by MSC’s Principles 1 and 2. Therefore, SG60 and SG80 are met but SG100 is not met. References DFO 2011. Inshore Lobster Integrated Fishery Management Plan Lobster Fishing Areas 27 – 38. Scotia-Fundy Sector - Maritimes Region – 2011. Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Applicable SGs/elements likely met Likely overall PI score Draft scoring range SG60 SG80 SG100

1 of 1 1 of 1 0 of 1 ≥80

Information gap indicator Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

The fishery-specific management system has clear, specific objectives designed to achieve the outcomes PI 3.2.1 expressed by MSC’s Principles 1 and 2 Condition number (if relevant)

PI 3.2.2 – Decision-making processes All UoAs

The fishery-specific management system includes effective decision-making processes that result in PI 3.2.2 measures and strategies to achieve the objectives, and has an appropriate approach to actual disputes in the fishery

Scoring Issue SG 60 SG 80 SG 100 Decision-making processes There are some decision-making There are established decision- a Guide processes in place that result in making processes that result in measures and strategies to measures and strategies to post achieve the fishery-specific achieve the fishery-specific objectives. objectives. Met? Yes Yes

Rationale There are established decision-making processes that result in measures and strategies to achieve the fishery-specific objectives. The management system for lobster fisheries is supported by federal statutes and regulations that are designed to achieve positive conservation outcomes for the target stock and associated habitat and marine ecosystems. The legislation is supported by management policies and implementation guidelines/tools which support the objectives identified for the lobster fishery. There are established decision-making processes in place that will result in measures and strategies to achieve the fishery- specific objectives defined in IFMPS. Ministerial agreement is required when important adjustments are required for key commercial fisheries, including lobster, that are inter-regional or inter-provincial in scope. The associated decision-making processes are described in detail in Principle 3 background section.

Therefore, SG60 and SG80 are met. Responsiveness of decision-making processes Decision-making processes Decision-making processes Decision-making processes respond to serious issues respond to serious and other respond to all issues identified in identified in relevant research, important issues identified in relevant research, monitoring, b Guide monitoring, evaluation and relevant research, monitoring, evaluation and consultation, in a post consultation, in a transparent, evaluation and consultation, in a transparent, timely and adaptive timely and adaptive manner and transparent, timely and adaptive manner and take account of the take some account of the wider manner and take account of the wider implications of decisions. implications of decisions. wider implications of decisions. Met? Yes Yes No

Rationale Decision-making processes respond to serious and other important issues identified in relevant research, monitoring, evaluation and consultation, in a transparent, timely and adaptive manner and take account of the wider implications of decisions. The decision-making processes for lobster fisheries are conditioned to operate effectively, transparently, and in a timely manner in the event that serious and other issues arise that would affect the management system and its fishery-specific objectives. The aforementioned decision to introduce urgent protection measures for the Right Whale population that frequents the Gulf of St. Lawrence is an example of a decision-making process that was transparent, timely and adaptive and took into account the wider (Canada-U.S.) implications of the decision. Therefore, SG 60 and SG 80 are met.

While the decision-making processes have been shown to be generally effective, transparent and timely, they are not necessarily structured to be responsive to all issues that arise, particularly in terms of timeliness, preventing the fishery from meeting SG100. Use of precautionary approach Decision-making processes use c Guide the precautionary approach and post are based on best available information.

Met? Yes

Rationale Decision-making processes use the precautionary approach and are based on best available information. The precautionary approach for fisheries management is defined in a number of DFO national frameworks including in the IFMPs. The approach means being cautious when scientific knowledge is uncertain, and not using the absence of adequate scientific information as a reason to postpone action or failure to take action to avoid serious harm to fish stocks or their ecosystem. The precautionary approach model for lobster fisheries has been peer-reviewed and published. Reference points have been determined and work is progressing on refining harvest rules for UoAs 3, 4 and 5. The IFMP indicates that, in the interim period, the fishery will continue to be managed with caution. Accountability and transparency of management system and decision-making process Some information on the Information on the fishery’s Formal reporting to all interested fishery’s performance and performance and management stakeholders provides management action is generally action is available on request, comprehensive information on available on request to and explanations are provided the fishery’s performance and d Guide stakeholders. for any actions or lack of action management actions and associated with findings and describes how the management post relevant recommendations system responded to findings and emerging from research, relevant recommendations monitoring, evaluation and emerging from research, review activity. monitoring, evaluation and review activity. Met? Yes Yes No

Rationale Information on the fishery’s performance and management action is available on request, and explanations are provided for any actions or lack of action associated with findings and relevant recommendations emerging from research, monitoring, evaluation and review activity. Stakeholders are able to access a range of information on the performance of the fishery and management actions through a variety of means, such as by attending regional and local lobster advisory committee meetings, enforcement roundtables, and subject-matter workshops, published reports, news services, and from various government-industry-corporate websites. Information initiated and formally provided by DFO includes stock status and research priorities and outcomes, economic analyses of conditions and trends affecting the fishery and industry, enforcement and compliance priorities and outcomes, fisheries management policy changes, regulatory amendments, species at risk assessments and recovery plans, environmental findings etc. Independent fisheries reviews are also available electronically and via media outlets. DFO personnel routinely provide explanations at meetings for any actions or lack of action associated with various findings and relevant recommendations. This extends to industry associations who make the information available to their membership. Federal Access to Information requests offer another means of obtaining information and analyses provided by governments.

However, there is no clear evidence of formal reporting to all interested stakeholders providing comprehensive information on the fishery’s performance and management actions and describing how the management system responded to findings and relevant recommendations emerging from research, monitoring, evaluation and review activity, preventing the fishery form meeting SG100. Approach to disputes Although the management The management system or The management system or authority or fishery may be fishery is attempting to comply fishery acts proactively to avoid subject to continuing court in a timely fashion with judicial legal disputes or rapidly e Guide challenges, it is not indicating a decisions arising from any legal implements judicial decisions post disrespect or defiance of the law challenges. arising from legal challenges. by repeatedly violating the same law or regulation necessary for the sustainability for the fishery. Met? Yes Yes Yes

Rationale The management system or fishery acts proactively to avoid legal disputes or rapidly implements judicial decisions arising from legal challenges. The management authority or the fishery is not subjected to continuing court challenges, and respects court decisions that are handed down. On occasion, DFO will consider appealing a provincial or federal lower court decision if, for example, it has been determined that a serious error has arisen or if the decision has the potential to seriously limit the Minister’s discretionary powers pursuant to the federal Fisheries Act. The management system or fishery does comply in a timely fashion with judicial decisions arising from any legal challenges (this usually includes while awaiting the disposition of a decision under appeal). In the majority of cases, the management system or fishery acts proactively to avoid legal disputes or rapidly implements judicial decisions arising from legal challenges. DFO‘s formal and informal consultation and engagement processes have been effective in minimizing potential legal disputes involving other levels of government, industry stakeholders and the general public. Of note, Fishery Officers have the authority to intervene to resolve conflicts between fishers outside of the legal system. References DFO 2011. Inshore Lobster Integrated Fishery Management Plan Lobster Fishing Areas 27 – 38. Scotia-Fundy Sector - Maritimes Region – 2011.

Applicable SGs/elements likely met Likely overall PI score Draft scoring range SG60 SG80 SG100

4 of 4 5 of 5 2 of 3 ≥80

Information gap indicator Information sufficient to score PI

1 Scoring element 1 X of x X of x X of x

2 Scoring element 2 X of x X of x X of x

3 Scoring element 3 X of x X of x X of x

4 Scoring element 4 X of x X of x X of x

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 3.2.3 – Compliance and enforcement All UoAs Monitoring, control and surveillance mechanisms ensure the management measures in the fishery are PI 3.2.3 enforced and complied with

Scoring Issue SG 60 SG 80 SG 100 MCS implementation Monitoring, control and A monitoring, control and A comprehensive monitoring, surveillance mechanisms exist, surveillance system has been control and surveillance system a Guide and are implemented in the implemented in the fishery and has been implemented in the fishery and there is a reasonable has demonstrated an ability to fishery and has demonstrated a post expectation that they are enforce relevant management consistent ability to enforce effective. measures, strategies and/or relevant management measures, rules. strategies and/or rules. Met? Yes Yes Yes

Rationale A comprehensive monitoring, control and surveillance system has been implemented in the fishery and has demonstrated a consistent ability to enforce relevant management measures, strategies and/or rules. The MCS system for the lobster fisheries is considered multi-faceted and comprehensive, consisting principally of dockside and at-sea vessel and harvester inspections, aerial and sea surveillance, and covert operations. These activities are supplemented by effective stakeholder engagement activities/roundtables, public awareness and educational initiatives, as well as a proactive approach to investigating complaints and tips from industry and the general public. The C&P program is informed by a compliance and enforcement strategy for the fishery that is adjusted by a recurring planning, priority-setting, monitoring and evaluation function. Compliance risks are assessed against a mitigation strategy consisting of enforcement activities and tools that are intended to ensure compliance with the requirements of the management system and measures for the fishery. C&P program input and outcome data demonstrate a consistent capacity to enforce relevant management measures, strategies and rules for the fishery. Therefore SG60, SG80 and SG100 are met. Sanctions Sanctions to deal with non- Sanctions to deal with non- Sanctions to deal with non- b Guide compliance exist and there is compliance exist, are compliance exist, are consistently some evidence that they are consistently applied and applied and demonstrably post applied. thought to provide effective provide effective deterrence. deterrence. Met? Yes Yes No

Rationale Sanctions to deal with non-compliance exist, are consistently applied and thought to provide effective deterrence. The management system for the fishery consists of a range of legal and administrative sanctions, including licence suspension, catch and equipment seizures and forfeitures, monetary fines, and incarceration for the most serious offences. Federal prosecutors are experienced in prosecuting fisheries charges, and magistrates have a good understanding of fisheries law. Court-imposed sanctions have been consistently levied year-over-year and which are thought to provide effective deterrence. Media coverage of fisheries prosecutions also serve to reinforce deterrence. Therefore, SG60 and SG80 are met. While C&P data suggest that the overall MSC system is effective, the C&P program lacks performance indicators to measure the effectiveness of its activities, including whether sanctions demonstrably provide effective deterrence, preventing the fisheries from meeting SG100. c Compliance Guide Fishers are generally thought to Some evidence exists to There is a high degree of post comply with the management demonstrate fishers comply with confidence that fishers comply

Monitoring, control and surveillance mechanisms ensure the management measures in the fishery are PI 3.2.3 enforced and complied with system for the fishery under the management system under with the management system assessment, including, when assessment, including, when under assessment, including, required, providing information required, providing information providing information of of importance to the effective of importance to the effective importance to the effective management of the fishery. management of the fishery. management of the fishery. Met? Yes Yes No

Rationale Some evidence exists to demonstrate fishers comply with the management system under assessment, including, when required, providing information of importance to the effective management of the fishery. During the four surveillance audits, lobster fish harvester representatives indicated that they had a relatively high degree of confidence that fishers were compliant with the management system and measures for the fishery. Similarly, harvester organizations routinely provide information of importance to the effective management of the fishery through their participation in a variety of formal and informal advisory and assessment processes. Index fish harvesters regularly provide information and data on the lobster fishery, the results of which are used to inform the stock assessment process and overall monitoring of the effectiveness of the fishery’s management measures. Fishery Officers have been tasked to monitor compliance with the requirement through dockside inspections. DFO further indicated that non-compliance might affect the licence holder’s eligibility to renew the lobster licence for the following year. The team determines that SG60 and SG80 are met. The return rate of SARA logbooks remains low, so it cannot be said that there is a high degree of confidence that fishers comply with the management system under assessment, including, providing information of importance to the effective management of the fishery, preventing the fishery from meeting SG100. Systematic non-compliance d Guide There is no evidence of post systematic non-compliance.

Met? Yes

Rationale There is no evidence of systematic non-compliance. The MCS data provided at the time of the initial assessment and at the annual surveillance audits as well as the opinions of industry stakeholders and DFO staff indicate no evidence of systematic non-compliance by licence holders/operators in the fishery. Therefore SG80 is met. References

Enforcement and compliance information provided in section 8.4.1.6

Draft scoring range and information gap indicator added at Announcement Comment Draft Report

Applicable SGs/elements likely met Likely overall PI score Draft scoring range SG60 SG80 SG100

3 of 3 4 of 4 1 of 3 ≥80

Information gap indicator Information sufficient to score PI

Overall Performance Indicator scores added from Client and Peer Review Draft Report

Individual scoring elements Applicable SGs met per individual scoring element

Monitoring, control and surveillance mechanisms ensure the management measures in the fishery are PI 3.2.3 enforced and complied with (add rows as required; delete if not Scoring element SG60 SG80 SG100 scoring by elements) scores 1 Scoring element 1 X of x X of x X of x

2 Scoring element 2 X of x X of x X of x

3 Scoring element 3 X of x X of x X of x

4 Scoring element 4 X of x X of x X of x

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

PI 3.2.4 – Monitoring and management performance evaluation All UoAs There is a system of monitoring and evaluating the performance of the fishery-specific management PI 3.2.4 system against its objectives There is effective and timely review of the fishery-specific management system

Scoring Issue SG 60 SG 80 SG 100 Evaluation coverage There are mechanisms in place There are mechanisms in place There are mechanisms in place to a Guide to evaluate some parts of the to evaluate key parts of the evaluate all parts of the fishery- post fishery-specific management fishery-specific management specific management system. system. system. Met? Yes Yes Yes

Rationale The fishery has in place mechanisms to evaluate all parts of the management system. The IFMPs for the Southern Gulf and Maritimes commercial lobster fisheries outlines the indicators that will be used to evaluate the performance of the management system. They are listed in the main report. Mechanisms are in place that results in an interactive and consistent exchange of information and opinions between DFO and industry stakeholders. These include regional and local lobster advisory committee meetings where management and policy measures and science initiatives for the fishery are discussed and evaluated; the science-based RAP process provides a retrospective analysis of the fishery’s performance and proposals for future changes.

All parts of the management system are evaluated as summarized below: 1. Precautionary Approach: DFO sustainability checklist (annually) 2. Stock Status: DFO and Industry post-season review (annually); research monitoring (annually) and formal assessment (every 3 years) 3. Ecosystem: DFO and Industry post-season review (annually); research monitoring (annually) 4. Enforcement and Compliance: DFO and Industry post-season review and local roundtables (annually) 5. Economics: DFO Cost-Earnings analyses (as required) 6. Management Measures: DFO and Industry post-season review (annually) and local advisory committee meetings (ongoing) 7. Licensing Policy: DFO regional committee and industry engagement (annually) Internal and/or external review The fishery-specific The fishery-specific The fishery-specific management b Guide management system is subject management system is subject system is subject to regular post to occasional internal review. to regular internal and internal and external review. occasional external review. Met? Yes Yes No

Rationale The fishery-specific management system is subject to regular internal and occasional external review. The IFMPs for the Southern Gulf of St. Lawrence and the Scotian Shelf and Bay of Fundy commercial lobster fishery describe the program review process for monitoring the lobster management system and evaluating its performance in relation to the IFMP’s strategic objectives. There is a regular internal review of the fishery-specific management system as listed in SIa. The most recent external review of DFO’s fisheries management practices was the Commissioner of the Environment and Sustainable Development’s (CESD) October 2016 Report 2 – “Sustaining Canada's Major Fish Stocks - Fisheries and Oceans Canada”. This report contained several findings of deficiencies in lack of IFMPs and Stock Recovery Plans for depleted fish stocks. DFO is now engaged in a number of remedial responses to these findings. However, external review cannot be defined as regular but occasional. Therefore, SG60 and SG80 are met but not SG100.

There is a system of monitoring and evaluating the performance of the fishery-specific management PI 3.2.4 system against its objectives There is effective and timely review of the fishery-specific management system

References DFO 2011. Inshore Lobster Integrated Fishery Management Plan Lobster Fishing Areas 27 – 38. Scotia-Fundy Sector - Maritimes Region – 2011.

Applicable SGs/elements likely met Likely overall PI score Draft scoring range SG60 SG80 SG100

2 of 2 2 of 2 1 of 2 ≥80

Information gap indicator More information sought / Information sufficient to score PI

2 Scoring element 2 X of x X of x X of x

3 Scoring element 3 X of x X of x X of x

4 Scoring element 4 X of x X of x X of x

Applicable SGs/elements met Overall score Overall Performance Indicator score SG60 SG80 SG100

X of x X of x X of x

Condition number (if relevant)

9 References Boudreau S.A. and B. Worm 2010. Top-down control of lobster population in the Gulf of Maine: insights from local ecological knowledge and research surveys. Marine Ecology Progress Series 403: 181-191.

Comeau, M., and Savoie, F. 2001. Growth increment and molt frequency of the American lobster (Homarus americanus) in the southwestern Gulf of St. Lawrence. J. Crust. Biol. 21: 923-936.

Comeau, M., and Savoie, F. 2002. Maturity and reproduction cycle of the female American lobster, Homarus americanus, in the southwestern Gulf of St. Lawrence, Canada. J. Crust. Biol. 22: 762-774.

Comeau, M., Hanson, J.M., Mallet, M., and Savoie, F. 2004. Stock status of the American lobster, Homarus americanus, in the Lobster Fishing Area 25. DFO Can. Sci. Adv. Sec. Res. Doc. 2004/054. 70 p.

Comeau, M., Smith, M.D., and Mallet, M. 2009. Variability in trap catches for an American lobster, Homarus americanus, spring fishery. N.Z. J. Mar. Freshwater Res. 43: 401-410.

DFO. 2009. Biological basis for the protection of large lobsters in Lobster Fishing Areas 33 to 38. DFO Can. Sci. Advis. Sec. Sci. Resp. 2008/017.

DFO 2011. Inshore Lobster Integrated Fishery Management Plan Lobster Fishing Areas 27 – 38. Scotia-Fundy Sector - Maritimes Region – 2011.

DFO. 2012. Reference Points Consistent with the Precautionary Approach for a Variety of Stocks in the Maritimes Region. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2012/035.

DFO 2012. A Brief History of the Lobster Fishery in the Southern Gulf of St. Lawrence. DFO Gulf Region. Cat. No. Fs149-6/2012E-PDF, ISBN 978-1-100-20682-0.

DFO. 2013a. Assessment of Lobster (Homarus americanus) in Lobster Fishing Area (LFA) 34. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2013/024.

DFO. 2013b. Assessment of Lobster (Homarus americanus) in Lobster Fishing Areas (LFA) 35-38. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2013/023.

DFO. 2014a. Reference point options for the southern Gulf of St. Lawrence lobster stock (Lobster Fishing Areas 23, 24, 25, 26A, 26B). DFO Can. Sci. Advis. Sec. Sci. Resp. 2014/027.

DFO. 2014b. Lobster in the Southern Gulf of St. Lawrence. Integrated Fisheries Management Plan, March 2014.

DFO. 2016. 2015 Stock Status Update for Scallop (Placopecten Magellanicus) in Scallop Fishing Area 29 West of Longitude of 65º30’. DFO Can. Sci. Advis. Sec. Sci. Resp. 2016/028.

DFO 2018a. LFA 33-35: New reporting requirements for the 2018/2019 lobster season. Notice to Fish Harvesters, Maritimes Region, September 11th, 2019.

DFO 2018b. Stock Status Update of American Lobster (Homarus americanus) in Lobster Fishing Areas (LFAs) 27-33. DFO Can. Sci. Advis. Sec. Sci. Resp. 2018/030. http://www.dfo-mpo.gc.ca/csas-sccs/Publications/ScR-RS/2018/2018_030-eng.html

DFO 2018c. Stock Status Update of American Lobster (Homarus americanus) in Lobster Fishing Area 34. DFO Can. Sci. Advis. Sec. Sci. Resp. 2018/044. http://www.dfo-mpo.gc.ca/csas-sccs/Publications/ScR-RS/2018/2018_044-eng.html

DFO 2018d. Precautionary Approach Harvest Decisions Rules for the lobster fishery in the Southern Gulf of St Lawrence – Lobster Fishing Areas 23, 24, 25, 26A and 26B. Notice to Fish Harvesters – June 20, 2018.

DFO. 2018f. 2018 Assessment of 4VWX Herring. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2018/052. http://www.dfo-mpo.gc.ca/csas-sccs/Publications/SAR-AS/2018/2018_052-eng.html

DFO 2019a. 2019 Management measures to protect North Atlantic right whale. Notice to Fish Harvesters Gulf Region, April 12th, 2019.

DFO 2019b. Lobster Conservation Harvesting Plan – New Management measures for 2019 and beyond (LFA 23, 24, 26A and 26B). Notice to Fish Harvesters Gulf Region, April 17th, 2019.

DFO 2019c. Update of the stock status indicators of the American lobster (Homarus americanus) stock of the southern Gulf of St. Lawrence to 2018. DFO Can. Sci. Advis. Sec. Sci. Resp. 2019/008.

http://www.dfo-mpo.gc.ca/csas-sccs/Publications/ScR-RS/2019/2019_008-eng.html

DFO 2019d. Stock Status Update of American Lobster (Homarus americanus) in Lobster Fishing Areas 35-38. DFO Can. Sci. Advis. Sec. Sci. Resp. 2018/049. http://www.dfo-mpo.gc.ca/csas-sccs/Publications/ScR-RS/2018/2018_049-eng.html

Duggan, R.E., and R.J. Miller. 2002. Lobster fishing effort on the outer coast of Nova Scotia, 1983 versus 1998. DFO Can. Sci. Advis. Sec. Res. Doc. 2002/022.

Estrella, B. T. and Glenn, R. P. 2006. Lobster trap escape vent selectivity. Mass. Div. Marine Fisheries Tech. Rep. TR-27. 15p.

FRCC (Fisheries Resource Conservation Council) 1995. A conservation framework for Atlantic lobster. Report to the Minister of Fisheries and Oceans. November 1995. 49 p. + appendices.

FRCC (Fisheries Resource Conservation Council) 2007. Sustainability framework for Atlantic lobster. Report to the Minister of Fisheries and Oceans. July 2007. 54 p. + appendices.

Hanson, J.M. 2009. Predator-prey interactions of American lobster (Homarus americanus) in the Southern Gulf of St. Lawrence, Canada. New Zealand Journal of Marine and Freshwater Research 43: 69-88.

Significant Benthic Areas in Eastern Canada Using Kernel Density Analyses and Species Distribution Models. DFO Can. Sci. Advis. Sec. Res. Doc. 2016/093. vi + 178 p. http://www.dfo-mpo.gc.ca/csas-sccs/Publications/ResDocs-DocRech/2016/2016_093-eng.html

Miller, R. J. 1995. Fishery Regulations and Methods. In “Biology of the Lobster Homarus Americanus” (J.R. Factor, ed), Academic Press, New York pp. 89-109.

Pezzack, D.S., Denton, C.M., and Tremblay, M.J. 2014. Overview of Bycatch and Discards in the Maritimes Region Lobster Fishing Areas (LFAs) 27-33 based on Species at Risk (SARA) At-sea sampling 2009-2010. DFO Can. Sci. Advis. Sec. Res. Doc. 2014/040. V + 27 p.

Reeves, A.R., J. Choi, and J. Tremblay. 2011. Lobster Size at Maturity Estimates in Eastern Cape Breton, Nova Scotia. ). DFO Can. Sci. Advis. Sec. Res. Doc. 2011/079.

Sameoto, J.A and Glass, A. 2012. An Overview of Discards from the Canadian Inshore Scallop Fishery in SFA 28 and SFA 29 West for 2002 to 2009. Can. Tech. Rep. Fish. Aquat. Sci. 2979: vi+39 p.

Sameoto, J.A., Smith, S.J., Nasmith, L.E., Glass, A. and Denton, C. 2015. Scallop Fishing Area 29: Stock Status and Update for 2015. DFO Can. Sci. Advis. Sec. Res. Doc. 2015/067. v + 69 p.

Serdynska, A. and S. Coffen-Smout. 2017. Mapping Inshore Lobster Landings and Fishing Effort on a Maritimes Region Statistical Grid (2012–2014). Can. Tech. Rep. Fish. Aquat. Sci. 3177: 28 pp.

Tremblay, M.J., Pezzack, D.S., Denton, C., Cassista-Da Ros, M., Smith, S.J., Reeves, A.R., Silva, A., and Armsworthy, S. 2012a. Assessment of lobster off the coast of eastern Cape Breton and the eastern and south shores of Nova Scotia (LFAs 27-33). DFO Can. Sci. Advis. Sec. Res. Doc. 2012/022. iv + 114 p.

Tremblay, M.J., D.S. Pezzack, J. Gaudette, C. Denton, M. Cassista-Da Ros, and J. Allard. 2013. Assessment of Lobster (Homarus americanus) off Southwest Nova Scotia and in the Bay of Fundy (Lobster Fishing Areas 34- 38). DFO Can. Sci. Advis. Sec. Res. Doc. 2013/078. viii + 125 p.

Worcester, T. and M. Parker 2010. Ecosystem Status and Trends Report for the Gulf of Maine and Scotian Shelf. DFO Can. Sci. Advis. Sec. Res. Doc. 2010/070. vi + 59 p.

10 Appendices 10.1 Assessment information Previous assessments The Maritime Canada inshore lobster trap fishery results from the combination of the previously assessed and certified Prince Edward Island lobster trap and the Bay of Fundy, Scotian Shelf and Southern Gulf of St Lawrence lobster trap. Certification reports and surveillance reports are available on the MSC website:

Table 46. Summary of previous assessment conditions on the SGSL PEI and NB-NS lobster fisheries Condition PI(s) Year closed Justification The team has been provided with evidence that HCRs have been agreed, approved and Closed ahead target 1 1.2.2 implemented for the lobster fishery in the on Year 3 (2018) SGSL (Notice to Fish Harvesters published on June 20, 2018). The team has been provided with evidence that a partial strategy of demonstrably Closed ahead target effective management measures is in place 2 2.1.1 on Year 3 (2018) such that the lobster fishery does not hinder the recovery and rebuilding of the Atlantic mackerel stock. The team has been provided with evidence that a partial strategy of demonstrably Closed ahead target effective management measures is in place 3 2.1.2 on Year 3 (2018) such that the lobster fishery does not hinder the recovery and rebuilding of the Atlantic mackerel stock. The team has been provided with evidence Closed ahead target that accurate and sufficient qualitative and 4 2.2.3 on Year 3 (2018) quantitative data on bycatch are collected to detect ay increase in risk to bycatch species. The team has been provided with evidence that a written research plan for the fishery provides the managemet system with a Closed ahead target 5 3.2.4 strategic approach to research and reliable on Year 1 (2016) and timely information sufficient to achieve the objectives consistent with MSC’s Principles 1 and 2.

Table 47. Summary of previous assessment conditions on the Scotian Shelf and Bay of Fundy lobster fisheries Condition PI(s) Year closed Justification During the 3rd surveillance audit, the progress of the fishery on the condition was determined to be behind target. The team set 1 1.2.2 Not closed yet revised milestones that match with the DFO Maritimes’ plan and expected associated timefranes for approval and implementation of HCRs.

The revised milestone wa set at the fifth year, i.e. at re-assessmennt, before the publication of the PCDR. The team has been provided with evidence that a partial strategy of demonstrably Closed ahead target effective management measures is in place 2 2.1.1 on Year 3 (2018) such that the lobster fishery does not hinder the recovery and rebuilding of the Atlantic mackerel stock. The team has been provided with evidence that a partial strategy of demonstrably Closed ahead target effective management measures is in place 3 2.1.2 on Year 3 (2018) such that the lobster fishery does not hinder the recovery and rebuilding of the Atlantic mackerel stock. The team has been provided with evidence Closed ahead target that accurate and sufficient qualitative and 4 2.2.3 on Year 3 (2018) quantitative data on bycatch are collected to detect ay increase in risk to bycatch species. The team has been provided with evidence that a written research plan for the fishery provides the managemet system with a Closed ahead target 5 3.2.4 strategic approach to research and reliable on Year 3 (2018) and timely information sufficient to achieve the objectives consistent with MSC’s Principles 1 and 2.

Small-scale fisheries To help identify small-scale fisheries in the MSC program, the CAB should complete the table below for each Unit of Assessment (UoA). For situations where it is difficult to determine exact percentages, the CAB may use approximations e.g. to the nearest 10%.

Table 48. Small-scale fisheries. Percentage of vessels Percentage of fishing activity completed Unit of Assessment (UoA) with length <15m within 12 nautical miles of shore UoA 1 – SGSL PEI 100% 100% UoA 2 – SGSL NB-NS 100% 100% UoA 3 – Eastern Nova Scotia 100% 100% UoA 4 – Southwest Nova Scotia 90% 70% UoA 5 – Bay of Fundy 100% 100%

10.2 Evaluation processes and techniques To be drafted at Client and the Peer Review Report stage Site visits The report shall include:

- An itinerary of site visit activities with dates. - A description of site visit activities, including any locations that were inspected. - Names of individuals contacted.

Reference(s): FCP v2.1 Section 7.16

Stakeholder participation The report shall include:

- Details of people interviewed: local residents, representatives of stakeholder organisations including contacts with any regional MSC representatives. - A description of stakeholder engagement strategy and opportunities available.

Reference(s): FCP v2.1 Section 7.16

Evaluation techniques The report shall include: - Justification for how public announcements were developed. - Methodology used, including sample-based means of acquiring a working knowledge of the management operation and sea base. - Details of the scoring process e.g. group consensus process. - The decision rule for reaching the final recommendation e.g. aggregate principle-level scores above 80.

If the RBF was used for this assessment, the report shall include: - The justification for using the RBF, which can be copied from previous RBF announcements, and stakeholder comments on its use. - The RBF stakeholder consultation strategy to ensure effective participation from a range of stakeholders including any participatory tools used. - A summary of the information obtained from the stakeholder meetings including the range of opinions. - The full list of activities and components that have been discussed or evaluated in the assessment, regardless of the final risk-based outcome.

The stakeholder input should be reported in the stakeholder input appendix and incorporated in the rationales directly in the scoring tables.

Reference(s): FCP v2.1 Section 7.16, FCP v2.1 Annex PF Section PF2.1

10.3 Peer Review reports To be drafted at Public Comment Draft Report The report shall include unattributed reports of the Peer Reviewers in full using the relevant templates. The report shall include explicit responses of the team that include:

- Identification of specifically what (if any) changes to scoring, rationales, or conditions have been made; and, - A substantiated justification for not making changes where peer reviewers suggest changes, but the team disagrees.

Reference(s): FCP v2.1 Section 7.14

10.4 Stakeholder input To be drafted at Client and Peer Review Draft Report To be completed at Public Certification Report The CAB shall use the stakeholder input template to include all written stakeholder input during the stakeholder input opportunities and provide a summary of verbal stakeholder input received during the site visit. Using the stakeholder input template, the team shall respond to all written stakeholder input identifying what changes to scoring, rationales and conditions have been made in response, where the changes have been made, and assigning a ‘CAB response code’. The team may respond to the verbal summary.

Reference(s): FCP v2.1 Section 7.15

10.5 Conditions – delete if not applicable To be drafted from Client and Peer Review Draft Report The report shall document all conditions in separate tables. The CAB shall include rationale for exceptional circumstances in the summary of conditions in the Client and Peer Review Draft Report and all subsequent reports.

For reassessments, the CAB shall note:

- If and how any of the new conditions relate to previous conditions raised in the previous assessment or surveillance audits. - If and why any conditions that were raised and then closed in the previous assessment are being raised again in the reassessment. - If any conditions are carried over from a previous assessment, including an explanation of: - Which conditions are still open and being carried over. - Why those conditions are still open and being carried over. - Progress made in the previous assessment against these conditions. - Why recertification is being recommended despite outstanding conditions from the previous assessment. - If any previous conditions were closed after the 4th Surveillance Audit and reassessment site visit (i.e. in Year 5), including the rationale for re-scoring and closing out of the condition.

Reference(s): FCP v2.1 Section 7.18

Table 49. Condition x of x (add as required). Performance Indicator e.g. 1.1.1 Score State score for Performance Indicator Cross reference to page number containing scoring template table or copy justification text Justification here. If condition relates to a previous condition or one raised and closed in the previous assessment include information required here Condition State condition Milestones State milestones and resulting scores where applicable Consultation on condition Include details of any verification required to meet requirements in FCP v2.1 7.19.8

10.6 Client Action Plan To be added from Public Comment Draft Report The report shall include the Client Action Plan from the fishery client to address conditions.

Reference(s): FCP v2.1 Section 7.19

10.7 Surveillance To be drafted from Client and Peer Review Draft Report The report shall include the program for surveillance, timing of surveillance audits and a supporting rationale.

Reference(s): FCP v2.1 Section 7.28

Table 50. Fishery surveillance program. Surveillance level Year 1 Year 2 Year 3 Year 4 e.g. On-site surveillance e.g. On-site e.g. On-site e.g. On-site e.g. Level 5 audit & re-certification site surveillance audit surveillance audit surveillance audit visit

Table 51. Timing of surveillance audit. Anniversary date of Proposed date of Year Rationale certificate surveillance audit e.g. Scientific advice to be released in June 2018, proposal to e.g. 1 e.g. May 2018 e.g. July 2018 postpone audit to include findings of scientific advice

Table 52. Surveillance level rationale. Year Surveillance activity Number of auditors Rationale e.g. From client action plan it can be deduced that information needed to verify progress towards conditions 1.2.1, 2.2.3 and 3.2.3 can be provided remotely in year 3. Considering that e.g. 1 auditor on-site milestones indicate that most conditions will be closed out in e.g.3 e.g. On-site audit with remote support year 3, the CAB proposes to have an on-site audit with 1 from 1 auditor auditor on-site with remote support – this is to ensure that all information is collected and because the information can be provided remotely.

10.8 Harmonised fishery assessments – delete if not applicable To be drafted at Announcement Comment Draft Report stage To be completed at Public Certification Report stage

Fisheries highlighted in light orange were/are assessed by SAI Global. Fisheries assessed by other CAB are highlighted in light grey.

Table 53. Overlapping fisheries Fishery name Certification status and date Performance Indicators to harmonise Re-certified on 12th October 2018 PIs 2.1.1, 2.3.1, 2.3.2, Îles-de-la-Madeleine lobster using FCR v2.0 PIs 3.1.1, 3.1.2 and 3.1.3 Re-assessment announced and Announcement Comment Draft PIs 2.1.1, 2.3.1, 2.3.2, Gaspésie lobster trap Report posted on 4th June 2019. PIs 3.1.1, 3.1.2 and 3.1.3 Fishery under Standard and FCP v.2.1 Given that fisheries are assessed under Re-certified on 30th June 2015 using different versions of the Standard, Eastern Canada offshore lobster Standard v.1.3. 4th surveillance audit harmonisation to Principle 2 PIs is not report posted on 23rd August 2019. feasible. PIs 3.1.1, 3.1.2 and 3.1.3 Re-certified on 10th October 2017 using FCR v.2.0. Suspended since PIs 2.3.1, 2.3.2, Gulf of St Lawrence snow crab trap March 2018. 1st surveillance report PIs 3.1.1, 3.1.2 and 3.1.3 posted on 4th March 2019. Re-certified on 15th September 2017 PIs 2.3.1, 2.3.2, Scotian Shelf snow crab trap using FCR v.2.0. 1st surveillance report PIs 3.1.1, 3.1.2 and 3.1.3 posted on 28th February 2019. Re-certified on 21st August 2018 using PIs 2.3.1, 2.3.2, Newfoundland & Labrador snow crab FCR v.2.0. PIs 3.1.1, 3.1.2 and 3.1.3 Full assessment announced on 18th PIs 2.3.1, 2.3.2, AQIP snow crab trap December 2018. PIs 3.1.1, 3.1.2 and 3.1.3

Table 54. Overlapping fisheries – Harmonisation activities. Supporting information Almost all of overlapping fisheries are/were assessed by SAI Global facilitating the harmonisation process. SAIG and Lloyd’s Register held a harmonisation meeting on July 11th, 2019 regarding SAIG’s approach for scoring the NARW. Harmonisation activity ot Was either FCP v2.1 Annex PB1.3.3.4 or PB1.3.4.5 applied when harmonising? finalised yet Date of harmonisation meeting DD / MM / YY If applicable, describe the meeting outcome Harmonisation activity not finalised yet. Teams agreed to reach out DFO to seek further clarification on the definition of the national limit for the NARW.

Table 55. Overlapping fisheries – Scoring differences. Maritime Canada Îles-de-la- Gulf of St Newfoundland & Performance inshore lobster Gaspésie lobster Eastern Canada Scotian Shelf AQIP snow crab Madeleine Lawrence snow Labrador snow Indicators (PIs) trap (likely score) offshore lobster snow crab trap trap lobster crab trap crab (likely score) PI 2.1.1 ≥80 ≥80 85 80 100 100 100 - PI 2.3.1 60-79 60-79 75 85 < 60 75 75 - PI 2.3.2 ≥80 ≥80 85 95 < 60 70 70 - PI 3.1.1 ≥80 ≥80 85 95 90 90 90 - PI 3.1.2 ≥80 ≥80 100 100 85 85 85 - PI 3.1.3 ≥80 ≥80 100 100 90 90 90 -

Table 56. Overlapping fisheries – Rationale for scoring differences. If applicable, explain and justify any difference in scoring and rationale for the relevant Performance Indicators (FCP v2.1 Annex PB1.3.6) Given that fisheries are assessed under different versions of the Standard, harmonisation to Principle 2 PIs is not feasible between v.1.3 fisheries and v.2.0/v.2.01 fisheries. Differences in P2 scoring results from the difference in impacts on the P2 components. If exceptional circumstances apply, outline the situation and whether there is agreement between or among teams on this determination

10.9 Objection Procedure – delete if not applicable To be added at Public Certification Report stage The report shall include all written decisions arising from a ‘Notice of Objection’, if received and accepted by the Independent Adjudicator.

Reference(s): FCP v2.1 Annex PD

11 Template information and copyright This document was drafted using the ‘MSC Reporting Template v1.1’. Note amendments have been made to formatting in order to comply with SAI Global’s corporate identity; however, content and structure follow that of the original template.

Template version control Version Date of publication Description of amendment 1.0 17 December 2018 Date of issue 1.1 29 March 2019 Minor document changes for usability

A controlled document list of MSC program documents is available on the MSC website (www.msc.org).

Senior Policy Manager Marine Stewardship Council Marine House 1 Snow Hill London EC1A 2DH United Kingdom

Phone: + 44 (0) 20 7246 8900 Fax: + 44 (0) 20 7246 8901 Email: [email protected]