Cusk (Brosme brosme) COSEWIC assessment and status report 2012: chapter 12

Protection, Status, and Ranks

Legal Protection and Status

Regarding international acts and legislation, Cusk are not in any of the appendices of CITES.

In Canada, under the Fisheries Act, DFO (2011) describes the Conservation Harvesting Plan (CHP) for the fixed gear vessels based in NAFODiv. 4VWX. Other fleets (e.g. mobile gear, offshore) have their own CHP. Also, there is a separate CHPfor NAFODiv. 5Z. Cusk landings are controlled through a system of fleet ‘caps’ for vessels < 45’. The first cap of 1000t was introduced in 1999 which was reduced to 750 t in 2003. This system recognizes the bycatch nature of Cusk with directed fishing for Cusk being prohibited but catch permitted when directing for other groundfish species such as Cod, Haddock, White Hake and so on. Once a cap is reached, Cusk are not allowed to be landed and must be discarded. As noted earlier, PCM is thought to be 100% and it is unlikely that this management measure protects Cusk. Neither the offshore (>100') nor midshore (65'-100') fleets have caps in place as a condition of license. Instead, they are limited to 10% weight by trip and DFO monitors landings to ensure that these do not exceed historical levels. If they do, a cap would be put in place (Docherty 2011). In 2010/11, quota caps for the DFOMaritimes fleets totalled 656 t.

On a trip by trip basis, in NAFODiv. 4VWX, Cusk landings are not to exceed 25% of the round weight of the directed species and the trips’ landings should not exceed 4,000 lbs(1818 kg) round at any time. In NAFODiv. 5Z, the amount of Cusk on any trip for fixed gear (FG) vessels cannot exceed the lesser of 15% of the amount of Cod, Haddock and Pollock combined onboard the vessel or 3000 pounds (1364 kg) round weight. Further, any individual licence holder found to be deliberately or consistently exceeding this limit is required to have additional observer coverage at their expense. DFOalso maintains the option to close the fleet’s fishery if this occurs.

FG vessels > 45’ are subject to 100 % dockside monitoring (DMP) of landings. The <45’ FG vessels are subject to a minimum of 25% DMP and the actual level is closer to 50% (Docherty 2011).

Fixed gear is regulated to a minimum hook gap of 12 mm, which equates to between a 10/0 and 12/0 circle hook (Halliday 2002).

There are no special time / area closures for Cusk except those that have been put in place for other groundfish (e.g. Cod and Haddock) and Lobster. These include the Haddock closures on Brown’s and Emerald Bank as well as the LFA 40 Lobster closure. The Brown’s and Emerald closures restrict groundfishing, but not Lobster fishing which, as noted above, could be a significant source of Cusk catch. Since 1999, Cusk are not allowed to be landed by Lobster licensed vessels, and they are required to discard all of their catch.

Regarding the Species at Risk Act, there are no special provisions for Cusk. COSEWIC assessed Cusk as Threatened in 2003. The Governor in Council elected not to list Cusk under SARA based on a recommendation by the Minister of Fisheries and Oceans. The following summary of the rationale not to list the species was taken from the Canada Gazette dated July 7, 2012.

"In light of the new management measures implemented, the lack of scientific certainty regarding the decline of the species, the potentially higher probability of an increase in Cusk biomass, the socio-economic impacts and stakeholder concerns discussed above, Fisheries and Oceans Canada has proposed not to list the species under SARA and to continue to manage Cusk under the Groundfish Integrated Fisheries Management Plan."

The species is listed as S3S4 in Québec.

In the US, there are no special provisions to protect Cusk under the Endangered Species Act. All regulations pertain to the Magnuson – Stevens Fishery Conservation and Management Act (MSRA). There are no TAC or catch limits. Because it is a bycatch to other regulated species, there are no specific gear and time / area regulations other than those that might apply (e.g.closed areas) to directed species fisheries (e.g. otter trawl fisheries in Gulf of Maine or on Georges Bank).

Non-Legal Status and Ranks

Cusk is not listed in the Red List of the IUCN.

Habitat Protection and Ownership

A number of fishery and conservation closures are in place that could potentially protect Cusk habitat (O'Boyle 2011). These include:

The Haddock spawning closure on Browns Bank prohibits benthic fishing for all groundfishing during March – June but allows fishing during the rest of the year. The Haddock nursery closure on Emerald – Western Bank prohibits benthic fishing for all groundfishing throughout the year but is an area where Cusk are not common. In the US, the year-round fishery closures apply to all groundfishing. However, these closures are not in areas where Cusk are common.

The Gully Marine Protected Area (MPA) is a comprehensive tool under Canada’s Oceans Actto limit the impacts, benthic or otherwise, of all fishing on the ecosystem. Again, it would have limited benefits for Cusk. Finally, there are two Coral Conservation Areas (CCA) on the Scotian Shelf, the Northeast Channel CCAand the Lophelia CCA. While the latter is expected to have limited benefit for Cusk, this is not the case for the former. All mobile gear groundfishing is prohibited from the area and while longlining is allowed, it is restricted to certain zones and fishing is only allowed with an observer.

Overall, there are a number of regulatory measures in both Canada and the US which, while not specifically targeting Cusk, will likely have some benefit to the protection of the species.

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