Leatherback turtle in Atlantic Canada (Dermochelys coriacea) recovery strategy: chapter 10

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9. Activities Permitted by the Recovery Strategy

1. Subsection 83(4) of SARA enables recovery strategies, action plans and management plans to exempt persons engaging in certain activities from the general prohibitions under SARA . In order for this provision to apply, individuals must also be authorized under another Act of Parliament to be carrying out such activities.
2. In the case of fishing activities that are known to incidentally capture leatherback turtles in Atlantic Canadian waters, DFO hosted a Regional Advisory Process (RAP) review in May 2004 to review the estimates of mortality that would not jeopardize survival or recovery of leatherback turtles. Participants included DFO scientists and fisheries managers, scientists from academia and the US National Marine Fisheries Service and representatives from the fishing and environmental communities.  As a result of these consultations, a formal document entitled “Allowable Harm Assessment for Leatherback Turtle” was prepared. This document, along with the Proceedings of the consultation is available on the Department of Fisheries and Oceans website, under the Canadian Science Advisory Secretariat (CSAS).

Estimates discussed in the report indicate that the size of the Atlantic leatherback turtle population likely exceeds several hundred thousand individuals. As above under section "2.6.2 Population in Atlantic Canada", there is no estimate of what fraction of the population may migrate into Canadian waters.

Estimates of incidental capture of leatherback turtles in the entire Atlantic Ocean range from 30,000 to 60,000 for one gear sector (offshore pelagic longline fleets) in 2000 (Lewison. et al., 2004). Although these estimates should be considered tentative, because of the assumptions underlying the calculations, they support the conclusion that tens of thousands of leatherbacks are incidentally captured each year in the Atlantic Ocean.

The Canadian contribution to incidental captures is largely unknown, but available data from the Canadian offshore pelagic longline fleet indicates about 170 incidental captures per year. As outlined above under "2.8.1 Threats in the Marine Environment", quantitative data on incidental capture exists only for this fleet and on-board observers reported no mortalities in this fishery during the 2001-2003 fishery. However, based on estimated encounter rates from DFO observer data and post-encounter mortality estimates drawn from studies in the US, a small number of leatherback turtle mortalities may have occurred each year in the Canadian fishery.

Given that the population likely exceeds several hundred thousand animals, and may be larger, that the geographic extent of the population has not changed (suggesting that suitable habitat is available to permit population growth), and model results suggest that the population can sustain human-induced mortality up to about 1%, the RAP review concluded that there was scope for human-induced mortality without jeopardizing survival or recovery of this species.

The recovery strategy adopts this conclusion and, in accordance with subsection 83(4) of SARA , permits commercial fishers in Atlantic Canada to carry out activities authorized under the federal Fisheries Act that are known to incidentally capture leatherback turtles. A scientific review of the estimates of leatherback turtle mortality in Atlantic Canadian waters will be undertaken every 5 years to ensure that the survival or recovery of the species is not jeopardized.

To minimize the impact of encounters with commercial fishing operations in Canada, fishers must take every reasonable effort to ensure that entangled leatherback turtles be released in the least harmful manner. As well, mandatory reporting of encounters with leatherback turtles is required to document the impact of these fisheries on the Atlantic leatherback turtle population. This information will also enable the Department to assess the effectiveness of recovery efforts and work cooperatively with the fishing industry to find further solutions to assist leatherback turtle recovery.