Amendment to s.8(1) of the Pacific Fishery Regulations, 1993

Enabling act(s): Fisheries Act

Description of the objective

The objective of this proposal is to amend section 8(1) of the Pacific Fishery Regulations to allow the use of artificial lights while fishing for squid and in fishing gear in the commercial shrimp trawl industry. Amending the Pacific Fishery Regulations to allow the use of this new bycatch reduction technology will help the government and industry work towards conservation of a sensitive species (Eulachon) while still maintaining economic opportunities for the commercial shrimp trawl industry, and respecting obligations regarding Food, Social and Ceremonial access for Indigenous groups.

Indication of business impacts

The proposed amendment will not impose an incremental increase in administrative or compliance costs on small business, and does not trigger the small business lens or the one-for-one rule.

While harvesters who choose to use artificial lights as a result of the proposed regulatory amendments will incur costs, they will be voluntary and do not constitute a mandatory compliance burden.

Regulatory cooperation efforts (domestic and international)

This regulatory amendment is not part of a formal cooperation agreement, however this amendment will help align the Pacific Fishery Regulations with the regulations in the United States with regards to allowing the British Columbia shrimp trawl fleet to use artificial lights.

Public consultation opportunities

Many Indigenous groups, commercial industry representatives, shrimp trawl vessel licence holders, and conservation groups have asked for this regulation to be amended in order to allow the voluntary use of artificial lights on commercial shrimp trawl gear to help reduce bycatch of non-target species in the fishery; specifically Eulachon. These groups were consulted in the Spring of 2018.

It is anticipated that this amendment will be finalized and published in Part II of the Canada Gazette within the 2019-2021 planning period.

Further information

Published scientific research from Oregon, U.S. has demonstrated that use of LED lights (Lindgren Pittman Electralume^® LED fishing lights) properly placed on shrimp trawl gear has led to significant reductions in bycatch of non-target species (especially endangered Eulachon). The Oregon study published by Hannah (2015) in Fisheries Research 170 states that reductions in Eulachon bycatch in the order of 90% were observed compared to non-use of the lights.

In 2017 the Oregon Department of Fish and Wildlife in partnership with the Pacific States Marine Fisheries Commission conducted additional studies with funding from the Bycatch Reduction Engineering Program (BREP) to determine the most effective use and placement of the lights. As a result, the U.S. commercial shrimp trawl fisheries in Oregon State, Washington State, and California have moved to make the use of these LED lights mandatory in their fisheries as part of their National Marine Fisheries Services Eulachon recovery plans. A short summary of their optimal design is outlined in the Oregon Department of Fish and Wildlife Pink Shrimp Review for 2018.

More information can be obtained from the contact listed below.

Departmental contact

Guy Parker
Telephone: 250-756-7163
E-mail: guy.parker@dfo-mpo.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2019