DFO 2020 Halibut Fishery Announcement & Regs

Don't read anything into the June IPHC report. Still awaiting the more detailed Creel, overflight and Irec data. July is the big month for catch data being assembled to help form a trend line for how much we are using.

Don't expect to see a massive movement on the carry-over provision. Remember the commercial sector has only been able to carry-over 10% of their TAC, and this isn't a generally accepted approach from an IPHC perspective.

Yes, given the current observations regarding effort there is a very real prospect we could not come close to achieving our TAC. Aside from amending daily possession to allow 2 under 90 cm there are very few options given our regulation process which is utterly archaic to amend size limits. Those are described in a Condition of License which must be placed onto every license at the start of the season and cannot be amended once issued.

Cannot, or will not be amended? Where there is a will there is a way.
 
Don't read anything into the June IPHC report. Still awaiting the more detailed Creel, overflight and Irec data. July is the big month for catch data being assembled to help form a trend line for how much we are using.

Don't expect to see a massive movement on the carry-over provision. Remember the commercial sector has only been able to carry-over 10% of their TAC, and this isn't a generally accepted approach from an IPHC perspective.

Yes, given the current observations regarding effort there is a very real prospect we could not come close to achieving our TAC. Aside from amending daily possession to allow 2 under 90 cm there are very few options given our regulation process which is utterly archaic to amend size limits. Those are described in a Condition of License which must be placed onto every license at the start of the season and cannot be amended once issued.

2 a day under 90cm would be amazing!!!! Shoot for that l.
 
so unless DFO recall every single licence that is out there ..there is no way to amend the condition of the licence..
I don’t quite understand that Derby? If they were to allow more than the license states, it would cause no problem for enforcement, ie a memo to their field staff with the enhanced number should be all that’s needed? Let’s face it no Fishers are going to demand the old , lesser limit be enforced. I could see where it might be challenged in court were it a reduction to the limit, but even then it seems DFO makes it clear it’s up to Fishers to stay abreast of any changes they promulgate.
 
Halibut are listed on your Rec LIC under condition of license. They are printed once a year and are in play for the full season. The conditions can only change at the start of the next season. Condition of license is much different than general regulations.

I understand what you’re saying but if we can put people on the moon surely we can change the conditions of the license mid season. Perhaps a second page could be sent out to all license holders with an additional table for some extra halibut? The license holder would be responsible for attaching it to the first license. Or even allow the license holder to write a couple more halibut in at the bottom of the page. I agree with Ziggy. There has to be some solutions out there to fix the problem. Especially needed right now for our guides who have lost business due to Covid.
 
Halibut are listed on your Rec LIC under condition of license. They are printed once a year and are in play for the full season. The conditions can only change at the start of the next season. Condition of license is much different than general regulations.
If you look at your license right below your personal info there is a line that says Conditions Of License. It states “ it is the responsibility of the angler to comply with the Fisheries act and Regulations. Current regulations- including daily catch and possession limits............available online at the Sport Fishing guide”. The dots are because I didn’t want to type it all out lol. At any rate that would seem to indicate updating the info on the internet site would be sufficient. Also you are relaxing regulations as opposed to tightening them so I can’t see why it’s a big deal.
 
Unfortunately Canada has never put a man on the moon and to double down on doom, we are dealing with a corporation that is so broken and lost that it could never manage its way out of a wet paper bag, let alone a minor in season adjustment to condition of license agreement. They have no will and no power to do it.
I think you nailed it. No will, no way.
 
The argument that it's a condition of your license is extremely obtuse. If a variation order were issued increasing or eliminating the maximum size what exactly is the problem with that? Sure some people that don't check fisheries notices might not be aware and follow the old rules... so what? Besides, by the time it's extremely obvious that we're not even going to catch half our TAC, maybe early August, it'll be too late to even come close to the TAC with no size limits.
 
So the worst thing that could happen if people were unaware of the increase they would follow the old rules and not catch as many fish? Only DFO would consider this a problem. Lol
 
The argument that it's a condition of your license is extremely obtuse. If a variation order were issued increasing or eliminating the maximum size what exactly is the problem with that? Sure some people that don't check fisheries notices might not be aware and follow the old rules... so what? Besides, by the time it's extremely obvious that we're not even going to catch half our TAC, maybe early August, it'll be too late to even come close to the TAC with no size limits.
We have been down all those roads before. Bottom line is your halibut limits are defined as a Condition of License, and as previously stated the Federal Gov't has no mechanism within the licensing system to modify or vary. A Variance Order will not work because it has to vary the regulation from one that is already on the books, to another already on the books. The process of defining regulations is extremely painful, requiring a whole team of Ottawa lawyers who have other more important regulatory priorities....ergo, not a snowballs chance in hell they will get around to changing a regulation. Glaciers retreat faster.
 
We have been down all those roads before. Bottom line is your halibut limits are defined as a Condition of License, and as previously stated the Federal Gov't has no mechanism within the licensing system to modify or vary. A Variance Order will not work because it has to vary the regulation from one that is already on the books, to another already on the books. The process of defining regulations is extremely painful, requiring a whole team of Ottawa lawyers who have other more important regulatory priorities....ergo, not a snowballs chance in hell they will get around to changing a regulation. Glaciers retreat faster.

understanding what you have explained it brings to my mind a question.

Is it a possibility for future years that the condition of license wording be changed to include a provision based on a predetermined percentage of usage by a certain date.

Example would be something like “ in the event that there is X percent of TAC remaining by Y date the max size limit of both fish will no longer be in affect. Or what ever . Just an example.

just wondering if that could be a work around to give the discretion needed to manage the fishery based on what is actually taking place on any given year.

Again, just an example. Could be anything.

I know the carryover is a whole other issue so not speaking of that.
 
understanding what you have explained it brings to my mind a question.

Is it a possibility for future years that the condition of license wording be changed to include a provision based on a predetermined percentage of usage by a certain date.

Example would be something like “ in the event that there is X percent of TAC remaining by Y date the max size limit of both fish will no longer be in affect. Or what ever . Just an example.

just wondering if that could be a work around to give the discretion needed to manage the fishery based on what is actually taking place on any given year.

Again, just an example. Could be anything.

I know the carryover is a whole other issue so not speaking of that.

The simple answer is dfo does not care enough to bother spending time on it.
 
Fishery Notice
Category(s):
RECREATIONAL - Fin Fish (Other than Salmon)
Subject:
FN0818-RECREATIONAL - Fin Fish (Other than Salmon) - Halibut - Changes to Daily Limit - Effective August 14, 2020



The DFO and Sport Fishing Advisory Board (SFAB) Halibut Committee meets monthly throughout the season to review estimated catches. At the most recent meeting, it was determined that the recreational fishery harvest to June 30, 2020 was approximately 116,276 pounds of the recreational fishery's Total Allowable Catch of 877,750 pounds. Given the current management measures in effect and catch forecasts to December 31, 2020, DFO is proceeding with a change to the daily limit of halibut measuring under 90 cm in length. This Fishery Notice supersedes FN0156 and provides updated coast-wide daily limit measures for halibut as noted below:


Open time:

Effective at 00:01 hours March 1, 2020 fishing for halibut was opened coast-wide until further notice.

Licensing:

The 2020/2021 Tidal Waters Sport Fishing Licences and Conditions of Licence are in effect on April 1, 2020 until March 31, 2021.

Limits and sizes:

Effective 00:01 hours August 14, 2020 until further notice:

- The maximum length for halibut is 126 cm (97 cm head-off).
- The daily and possession limit for halibut is either of:
---- one (1) halibut measuring 90 cm to 126 cm in length (69 cm to 97 cm head-off), OR
---- two (2) halibut, each measuring under 90 cm in length (69 cm head-off).

- The annual limit is six (6) halibut per licence holder per licence year, as set out on the 2020/21 Tidal Waters Sport Fishing Licence.

- All halibut retained by the licence holder between April 1, 2020 and March 31, 2021 shall be immediately recorded in ink on the 2020/2021 Tidal Waters Sport Fishing Licence. The area from which each halibut is caught and its head-on length shall immediately be recorded on the licence.

- Head-off measurements are made from the base of the pectoral fin at its most forward point to the extreme end of the middle of the tail.

The exceptions to these openings are:

Areas 121:
No person shall fish for or retain halibut, rockfish and lingcod in Area 121 outside the 12 nautical mile limit seaward of a line that begins at 48 degrees 34.000 minutes and 125 degrees 17.386 minutes W and continues south easterly at a bearing of 116 degrees True to a point at 48 degrees 28.327 minutes and 125 degrees 01.687 minutes W.

Area 121:
Closed to all finfish, year round in the waters of Swiftsure Bank, inside a line from 48 degrees 34.00 minutes N and 125 degrees 06.00 minutes W, thence to 48 degrees 34.00 minutes N and 124 degrees 54.20 minutes W, thence to 48 degrees 29.62 minutes N and 124 degrees 43.40 minutes W, thence following the International Boundary between Canada and the U.S. to 48 degrees 29.55 minutes N and 124 degrees 56.20 minutes W, thence in a straight line to the point of commencement.

Variation Orders 2019-RCT-201 (Close Time) and 2020-RFQ-420(Quota)


Note: Rockfish Conservation Area (RCA) and Glass Sponge Reef (GSR) closures remain in effect - refer to the following web pages for descriptions:

1) RCAs- http://www.pac.dfo-mpo.gc.ca/fm-gp/rec/restricted-restreint-eng.html#rca
2) GSRs- http://www.pac.dfo-mpo.gc.ca/fm-gp/rec/restricted-restreint-eng.html#sponge

Anglers are reminded of mandatory condition of licence for the release of rockfish; all anglers in vessels shall immediately return all rockfish that are not being retained to the water and to a similar depth from which they were caught by use of an inverted weighted barbless hook or other purpose-built descender device.

FOR MORE INFORMATION:

Contacts: Greg Hornby (Regional Recreational Coordinator) - Greg.Hornby@dfo-mpo.gc.ca



Fisheries & Oceans Operations Center - FN0818
Sent August 13, 2020 at 1013
 
There seems to be no end to the ways we can find to utilize TAC all out of the same age class of fish.

I understand the reason for not doing more ( license conditions) . It just has become laughable at how stupid the whole situation has become. Not just Halibut.

Like a good Canadian I will just accept it as “it is what it is” and say thank you.

before I get flamed, I am referring to DFO not the SFAB.
 
Last edited:
https://iphc.int/uploads/pdf/sps/ss08/iphc-2020-ss08-propa2.pdf

Recreational (Sport) Fishing for Pacific Halibut—IPHC Regulatory Area 2B (Sect. 28) PREPARED BY: IPHC SECRETARIAT (2 SEPTEMBER 2020) PURPOSE

To outline considerations relating to a future (2021) regulatory proposal from Canada to allow 10% of the Canadian (IPHC Regulatory Area 2B) recreational fishery limit, if uncaught, to be added to the recreational fishery limit in 2021. “Recreational Pacific halibut fishery changes in response to COVID-19 for Area 2B: Recreational fisheries for Pacific halibut have experienced disruptions to fishing opportunities and markets, and are proposing sector-specific management responses for consideration by DFO and the International Pacific Halibut Commission (IPHC). The recreational fishery is seeking an underage carryover provision that would allow 10% of this year’s recreational TAC, if uncaught, to be added to the recreational TAC in 2021.”
 
Any recent update on poundage Caught by end of aug? Know commercially Alaska and B.C. around 60-68%. Not sure how that compares to previous years
 
Back
Top