the story of the southern gulf of st.-lawrence snow crab fishery prepared by exmar inc fisheries...

The story of theThe story of the

Southern Gulf of St.-LawrenceSouthern Gulf of St.-Lawrence

snow crab fisherysnow crab fishery

Prepared by EXMAR inc

Fisheries Management Consultant

Shippagan, N.B.

Presented by

L’Association des crabiers acadiens

Les Crabiers du nord-est

The fishing fleet’s historical profileThe fishing fleet’s historical profile

• Approximately 700 fishers from the Acadian Peninsula in NB, from the Gaspé Peninsula and the Magdalene Islands in QC and from Cap Breton in NS :

• Prov. Licences Fishers• NB 81 446• QC 47 259• NS 2 11• Total 130 716

The main characteristic of theThe main characteristic of thesnow crab stocksnow crab stock

• Its’ biomass fluctuates according to a still unexplained natural cycle

• Phases of notable abundance increases are followed by periods of significant stock decline

Who are the snow crab fishersWho are the snow crab fishers

They are former groundfish fishers.

They started this new fishery in the early 60’s following the first collapse of the cod and redfish stocks in the Southern

Gulf of St.-Lawrence

The vast majority of the 130original family operated fishing enterprises

are still active in the Area 12 snow crab fishery today

Who are the snow crab fishersWho are the snow crab fishers

In 1978, DFO stopped issuing new snow crab licenses in their fishing territory

known as Area 12

At the same time, the DFO proceeded to cut the edges of their fishing territory

so that 6 new smaller Fishing Areas could be established along the coasts of Quebec, Cap

Breton, and, later, Prince-Edward-Island.

NB

NS

NFQC

12

17

1615

14

13

In 1978In 1978

Area 13: 49 licenses

Area 14: 21 licenses

Area 15: 8 licenses

Area 16: 38 licenses

Area 17: 22 licenses

Total: 138 licenses

In 1979In 1979

Area 18: 31 licenses

Area 19: 79 licenses

Total: 110 licenses

NB

NS

NFQC12

19

18

17

1615

14

13

NB

NS

NFQC12

19

18

20

21

22

23

24

17

1615

14

13

In 1985In 1985

Areas 25 and 26: 30 licenses

NB

NS

NFQC 12

19

18

20

21

22

23

24

2526

17

1615

14

13

The « boom and bust » periodThe « boom and bust » period

From 1979 onward, the crab industry will boom for a short while.

The Japanese buyers are very active alongside a modern fleet of fishing vessels

and processing plants.

Between 1978 and 1982, catches increased rapidly from 10 500 mt to 31 500 mt

The « boom and bust » periodThe « boom and bust » period

• At the time, the DFO managers argued that these ever increasing catch rates testified to an ever increasing abundance of crab on the fishing grounds

• The fishermen disagreed with this assessment and ascribed their abundant catches to the improved performance of their fishing vessels and fishing gear

The « boom and bust » periodThe « boom and bust » period

The fishers’ assessment was eventually proven right by DFO’s own scientists in 1992:

“The increase in landings from 1978 (10 462tm)to 1982 (31 582 tm) can be ascribed to this

expansion and to a more efficient harvestingof the available resource rather than an increase

of the stock biomass.”

Technical Report No. 1827F, CAFSAC,1992

The « boom and bust » periodThe « boom and bust » period

• This erroneous perception of an abundant biomass of crab by DFO managers led to the over-exploitation which in turn led to a stock collapse in 1989

• From 31 500 tm in 1982, catches declined to25 000 tm in 1985 and shrunk to a mere8 000 tm in 1989

• In the spring of that year, DFO managers finally decided to close the fishery once a majority of crab fishermen had voluntarily put an end to their fishing activities

Rebuilding the stockRebuilding the stockand the industryand the industry

• In 1990, the crabbers willingly accepted the challenge of rebuilding the stock and their fishery

• Strong conservations measures were established based upon a strict control of the fleet’s fishing capacity

• The number of licenses was frozen and the TAC was divided into fixed individual shares between the existing license holders

Rebuilding the stockRebuilding the stockand the industryand the industry

The crab fleet supported innovative stock assessment/protection activities as well as

enhanced monitoring of their fishery

Between 1994 and 2002, these local entrepreneurs invested over

10 millions $ in support of these measures

Rebuilding the stockRebuilding the stockand the industryand the industry

For its part, DFO agreed to :

– Incorporate crabbers’ know-how and influence in the management of the stock and of their fishery

– Establish a moratorium on snow crab fishing licenses in Area 12

The 1990 snow crab agreementThe 1990 snow crab agreement

– The crab resource was divided into fixedindividual quotas

– TAC was not to exceed 70% of the lowest scientific estimate

– Landings were to be monitored independently at dockside

– Fishery would close when catches reach 20% of molting crab

Distribution of individual quotasDistribution of individual quotasin the Area 12 snow crab fisheryin the Area 12 snow crab fishery

Negotiations were highly structured

No fewer than 6 different sharing formulas tabled by DFO

Distribution of individual quotasDistribution of individual quotasin the Area 12 snow crab fisheryin the Area 12 snow crab fishery

• Difficult and intricate negotiations took place between :

– Those who favored competitive fisheries– Those who favored individual quotas

– The fishers with large historical catches– The fishers with small historical catches

Distribution of individual quotasDistribution of individual quotasin the Area 12 snow crab fisheryin the Area 12 snow crab fishery

The following two examples reveal the extent of the snow crab sharing process

implemented within the Area 12 fishery in 1990.

Both cases presented hereare those of fishers who are still active

in the Area 12 crab fishery today.

Distribution of individual quotasDistribution of individual quotasin the Area 12 snow crab fisheryin the Area 12 snow crab fishery

• At the outset of the negotiations:

• Fisher B with a quota history six (6) times larger than Fisher A:

– Fisher A held 66, 000 lbs

– Fisher B held 380, 000 lbs

Distribution of individual quotasDistribution of individual quotasin the Area 12 snow crab fisheryin the Area 12 snow crab fishery

• At the end of the negotiations:

– Fisher A’s share had increased by 224%

– He now held 148, 000 lbs

– Fisher B’s share had decreased by 45%

– He now held 210 000 lbs

In 1993, Minister Crosbie stated:In 1993, Minister Crosbie stated:

“Following the success of IQs under the 1991-92 management plan, a five-year IQ plan was established with management measures similar to those of last yaer. The move to a five-year plan is supported by industry.

In 1993, Minister Crosbie stated:In 1993, Minister Crosbie stated:

The industry should be acknowledged for its commitment to preserving this important resource and promoting effective management of the fishery.”

-News release dated April 8, 1993-

Return of stock abundance in 1994Return of stock abundance in 1994

The crab fleet funds DFO’s scientific research program

The crab fleet sets up a fund for cod fishers under moratorium

DFO assigns new fishing sub zones in Area 12• (in agreement with the crab fleet)

NB

NS

NFQC 12

19

18

20

21

22

23

24

2526

BA

C

D17

1615

14

13

In 1994In 1994

Area 12 A: 10 licenses

Area 12 B: 8 licenses

Area 12 C: 5 licenses

Area 12 D: 531 licenses

Total 554 licenses

The 1995 crisis The 1995 crisis

The first crab lottery draw :

• Numerous temporary allocations of 10 000 lbs each are made available for the draw

• Additional exploratory fishing areas(E and F) are imposed in Area 12

– (without the crab fleet’s consent)

NB

NS

NFQc 12

19

18

20

21

22

23

24

2526

BA

C

D17

1615

14

13

E

F

In 1995In 1995

Area E: 8 licenses

Area F: 16 licenses

Total 24 licenses

Minister Tobin’s position in 1995:Minister Tobin’s position in 1995:

“Conservation remains our principal goal.We will ensure that the resource and the viability

of the existing fleets are not threatened by a permanent shift in fishing effort

from one fishery to another.

Minister Tobin’s position in 1995:Minister Tobin’s position in 1995:

 …In the past, such permits were allowed

to become a permanent part of the fisheryto which they applied.

This is not the case in this instance.

These seasonal temporary permitswill expire at the end of 1995 and will not be

renewed in future years.”

- News release April 13, 1995 -

Minister Mifflin’s position in 1996:Minister Mifflin’s position in 1996:

Temporary permits are reissued…

The crab and shrimp fleets fear forthe future of their fishery

First partnership agreementsFirst partnership agreements

Area 12 snow crab agreement of 1997

Gulf of St.-Lawrence shrimp agreementof 1998

First partnership agreementsFirst partnership agreements

• Crabbers and shrimppers agreed that:other fishers be given temporary access to their fisheries above a preset economic/ quota threshold.

Financial contributions be given to DFO to fund conservation and protection as well as management activities .

First partnership agreementsFirst partnership agreements

• DFO agreed to:Incorporate fishers’ know-how in the management of their respective fisheries

Comply with the 1990 permanent sharing agreements of individual quotas

• No new permanent licenses/allocations will be issued

The Marshall decision in 1999The Marshall decision in 1999

• Crabbers believe that snow crab is not subjected to the Halifax Treaties:

The snow crab fishing grounds are located outside the traditional Micmac and Malecite territories

Snow crab is not a specie that was fished by the First Nations at the time the treaties were signed

The Marshall decision in 1999The Marshall decision in 1999

• However, they agree to integrate First Nations fishers in their fishery, as long as:

Existing commercial crab licenses (along with the vessels) are acquired on a voluntary basis

The First Nations fish their allocations themselves

Situation at the end of 2002Situation at the end of 2002

• The 1990 the snow crab agreement has held for 12 years

• The 1991 the Gulf shrimp agreement has held for 11 years

No new “permanent” license or allocation of crab or shrimp has been granted since 1990

Second partnership proposalsSecond partnership proposals

• Same proposals are made to DFO by the crab fleet and the shrimp fleet:

They propose that new temporary access be granted to other fishers above a preset economic or quota threshold They propose financial contributions from the crab and the shrimp fleets towards the funding of their fisheries’ scientific, conservation, protection as well as management activities .

The 2003 crisisThe 2003 crisis

Fisheries and Oceans Canada

honors the shrimp fleet’s proposal

rejects the snow crab fleet’s proposal

The 1990The 1990snow crab agreement is rejected snow crab agreement is rejected

Numerous non crabbers are given a permanent share of the Area 12 snow crab fishery

Fishing over-capacity is install in the absence of any long term sustainability assessment

and despite risky fluctuations in stock abundance.

The 1991The 1991shrimp agreement is honoredshrimp agreement is honored

No permanent Gulf shrimp licenses are issued even though continuous landings increases were registered annually;

from 13 000 tm in 1992 and 28 000 tm in 2003

The snow crabThe snow crabI.Q. system of management is discreditedI.Q. system of management is discredited

Each crabber lost 26.5% of his individual share

(without compensation)

10,35% to the First Nations– (5,44% buy back + 10,35%) = 15,80%

12,64% to the lobster and the ground fish fleets

3,37% to the inshore fishers from Nova Scotia (Area 18)

DFO’s shrimpDFO’s shrimpI.T.Q. system of management is honoredI.T.Q. system of management is honored

No permanent lost of individual quota is sustained by any shrimp vessel; DFO honors all Individual shares

• The Minister rejects a private/public partnership offer from the crab fleet worth$2 500 000 annually

• The Minister honors a private/public partnership offer from the shrimp fleet worth $ 140, 000 annually

DFO cancels out the crabbers’ influence on the management of their fishery

The Department adds 33 new groups of “players” on the Area 12 snow crab advisory committee

DFO protects the shrimpers’ influence on the management of their fishery

Not even one group of new fishers gain access to the Gulf of St.- Lawrence shrimp advisory committee

The eviction of the crabbers’ influence in the The eviction of the crabbers’ influence in the management of their fisherymanagement of their fishery

Before 2003:

The 8 crabbers’ associations held 100% of the harvesting sector’s representation on the various DFO forums dedicated to the Area 12 crab stock and fishery.

The eviction of the crabbers’ influence in the The eviction of the crabbers’ influence in the management of their fisherymanagement of their fishery

• In March 2004:

- 13 new groups of lobster fishers had been given 32% of the crab sector’s representation

- 12 First Nations had been given 29% of harvesting sector’s representation

- 8 new groups of cod fishers had been given a further 20% of the sector’s representation

The eviction of the crabbers’ influence in the The eviction of the crabbers’ influence in the management of their fisherymanagement of their fishery

The influence of the 8 crabbers’ associations on the management of their fishery and of the Area 12 stock had thus been reduced from 100% to 20%.

First Nations’ representation First Nations’ representation (12 new groups)(12 new groups)

– Indian Island– Lennox Island– Burnt Church– Abegweit– Big Cove– Eel River Bar– Maria– Restigouche– Pabineau

First Nations’ representation First Nations’ representation (12 new groups)(12 new groups)

– Bouctouche– Gaspé– Red Bank

Non-crabbers’ representation Non-crabbers’ representation (21 new groups)(21 new groups)

– Gulf NS Fishermen Coalition (NS)– Inverness South Fishermen’s Ass. (NS)– Maritime Fishermen’s Union Local 4 (NS)– Gulf N.S. Bonafide Fishermen ass. (NS)– Area 18 Crab Fishermen Ass. (NS)– North of Smokey Fishermen Ass (NS)– PEI Fishermen Ass. (PEI)– Mobile ground fish-dependant ass. (PEI)

Non-crabbers’ representation Non-crabbers’ representation (21 new groups)(21 new groups)

– Ass. des pêche. de la MRC-Pabok (QC)– Ass. morutiers trad. de la Gaspésie (QC)– Ass. pêcheurs de l’Anse à Brillant (QC)– Alliance pêch. Prof. Du Québec (QC)– Féd. pêch. semi-haut. du Québec (QC)– Regroupement pêch. prof. des I de la M (QC)

Non-crabbers’ representation Non-crabbers’ representation (21 new groups)(21 new groups)

– Ass. pêch. de p. de f. acadiens (NB)– Northumberland Fishermen Ass. (NB)– UPM Shédiac (NB)– UPM Shédiac (NB)– UPM Tracadie-Sheila (NB)

Consequences of the 2003 planConsequences of the 2003 plan

Conditions and alliances that had been essential to the construct of this sustainable fishery were shattered:

The 1990 restrictions to the fleet’s capacity were eliminated

The co-management process with DFO was broken

The cohesion between fishers’ organizations was also broken

The 1990 restrictions to the fleet’s The 1990 restrictions to the fleet’s capacity were eliminatedcapacity were eliminated

The credibility of the individual quota system was undermined by the expansion

of the fleet

and by the reduction of each crabber’s historical share of the fishery

DFO’s message to the crabbers in 1990:DFO’s message to the crabbers in 1990:

Agree to the restrictions offixed individual quotas

You will help the resource and you will reap the economic benefits

down the road!

DFO’s message to the crabbers in 2003:DFO’s message to the crabbers in 2003:

Thank you for your help, Buddy!

It is time for us to give your fishery to others!

Divide and conquer…

Let’s have a second look atFisher A and Fisher B

– The 1990 sharing agreement gave fisher A a higher portion of the stock than the value, in percentage, of his historical catches in order to foster the long term viability of his fishing enterprise

– His quota was raised by 224%; climbing from66 000 lbs to 148 000 lbs

– In 1990 numbers, his quota had dropped to108 000 lbs in 2003

– His enterprise was once again made unviable in the long term

– On the other side of the ledger, the Fisher B quota went from 380 000 lbs to 210 000 lbs to 154 350 lbs in 2003

– This enterprise suffered a cumulative lost of 225 650 lbs or 59% of his historical share since 1990 along with a significant portion of it’s profitability

The co-management process is brokenThe co-management process is broken

Since 2003, the fishers’ perception is that they have generally been ignored, excluded or threaten

by DFO officials

Following the 1989 collapse:Following the 1989 collapse:

• The crabbers rebuilt the crab stock and fishery• DFO has now reinstated over-capacity

• The crabbers achieved financial self-reliance• DFO has now reinstated over-capitalization

• The crabbers achieved this through successful public/private partnerships

• DFO has now confiscated their fishery and the crab stock itself for its own benefit and at its’ own discretion