PRACTICING PRECAUTION and ADAPTIVE MANAGEMENT ...

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socioeconomic viability, or administrative efficiency although each of these dimensions arelikely considered in the ultimate decision.The Minister’s ultimate authority tends to fall back on the Minister’s own Departmentalresources and advice, especially from the advice of his ADM Science and ADM FisheriesManagement who are most directly implicated in TAC setting decisions. This is, of course,tempered with the recommendations that have been provided to the Minister via industry andstakeholder lobbying concerns.After the fact, the basis on which the Minister makes his decision is especially difficult toascertain. For example, the TAC decisions in the Gulf of St. Lawrence in 2003 and in 2004 werebased on public recommendations from the FRCC that were unchanged (FRCC 2003b, 2004b).However, in 2003, the Minister closed the fisheries in the Gulf (against the advice of the FRCCrecommendations) based on the stocks’ positions relative to recently established DFO Sciencestock thresholds. In 2004, however, the fisheries were opened in spite of no change in the stockpositions values. Without fully understanding the Minister’s suite of criteria related to stocksustainability, socioeconomic viability, and administrative efficiency, it is difficult to criticizewhether or not these decisions are ordained to be precautionary or not.I.D. MethodologyThe following specific cases for determining the TACs for the cod and haddock stocks insouthwestern Nova Scotia and the Bay of Fundy were selected because they present two similaryet starkly different cases. Firstly, these two stocks inhabit the same management area (NAFODivisions 4X and 5Y) and both, as groundfish, follow similar life cycles. Consequently, they arefished by mobile gear (draggers) and fixed gear (handlines and gillnets) that access both stockson the fishing grounds together under separate quota allocations for each stock. However,currently, these stocks have experienced quite different resource status for reasons that are notentirely clear.The 4X5Y cod stock - like many cod stocks in the North Atlantic - is having continueddifficulty growing as scientists would expect, and its abundance level has been depressed forover a decade. On the other hand, the state of abundance of the haddock stock in this same areais booming and is currently at record high levels last seen in the 1950s. These similarities anddifferences suggest different exploitation strategies are required for both stocks and, accordinglydifferent applications of PP and PAM for these two stocks. The following case study reviews theTAC decisions applied to both of these stocks in 2002 and 2003 in order to test the actualapplications of practising precaution.In carrying out this analysis, it should be noted that the impacts on practicing precautionin the case of cod and haddock along the Scotia Shelf and in the Bay of Fundy will not takeaccount of the following items:• The changed mandate of the FRCC after 2003 and the impact on the TACdecision process post 2004;• The apparent ecosystem shift in the Northwest Atlantic and its movement awayfrom lower-valued groundfish (cod, haddock, and pollock) into an ecosystem thatis comprised of higher-valued invertebrates (lobster, shrimp, and crab);• The DFO mandate shift into managing whole ecosystems and oceansmanagement, while all the time shifting out of stock-by-stock assessmentanalyses.Dan E. Lane – Setting TACs in the 4X5Y Cod and Haddock Fisheries D-99
II. CASE STUDYII.A. Setting TACs in the 4X5Y cod and haddock fisheries: BackgroundThe cod and haddock stocks of southwest Nova Scotia and the Bay of Fundy were two of theonly groundfish stocks in the Northwest Atlantic that survived without a moratorium during theearly 1990s. Commercial fishing continued uninterrupted, albeit at reduced restricted levels.These two groundfish species share the same ecosystems and habitat areas and are fished bysimilar gear - mainly the less than 65’ mobile trawlers (draggers) and fixed gear, handlines andgillnets. However, their current resource status history is quite different. For the past decade, thehaddock stock in this management area has been steadily growing, while the cod stock has beeneither stable or declining despite measures thought to ensure higher stock growth. Whilemeasures in place to protect one stock also protect the other, it is unclear why one stock(haddock) has in recent years taken advantage of a more restrictive management regime to grow,while cod seem less likely able to rebound from an historically depressed state of abundance.The Stock Status Reports for these two complementary stocks provide background informationas noted below (DFO 2003ab, 2002ab).II.A.1a. The 4X5Y Cod StockAtlantic cod (Gadus morhua) is a bottom dwelling fish occurring on both sides of the NorthAtlantic. In the Canadian Atlantic, cod range from northern Georges Bank to northern Labrador.There are several concentrations of cod within this range, including those on the southernScotian Shelf and Bay of Fundy (NAFO Division 4X and Canadian portions of 5Y - see alsoFigure 1 below). Cod in this area reach on average 53 cm (21 inches) by age 3 years and increaseto 72 cm (29 inches) by age 5 and 110 cm (43 inches) by age 10. Growth rates, however, varyamong cod in this area with more rapid growth noted in the Bay of Fundy. Age at firstreproduction generally occurs at 3 years and individuals tend to spawn several batches of eggsduring a single spawning period. Cod has supported a commercial fishery in this area since the1700s and until the 1960s was primarily an inshore fishery. Following extension of jurisdictionto 200 miles by coastal states in 1977, only Canada has made substantial landings of cod fromthis area. Minimum mesh size and hook size regulations have been enacted to reduce the catch ofjuvenile cod. Closure of Browns Bank is in place from 1 February-15 June. Average landings of4X5Y cod were over 20,000t from 1950 to 1990 when catches fell to less than 10,000t. From2000-2004, the TAC was 6,000t but in 2003, only 5,600t were caught, the lowest annual catch ofcod in this area on record (DFO 2003a).II.A.1b. The 4X5Y Haddock StockHaddock (Melanogrammus aeglefinus) are found on both sides of the North Atlantic. In the westAtlantic, they occur from southwest Greenland to Cape Hatteras. A major stock exists in thesouthern Scotian Shelf and Bay of Fundy area in NAFO Divisions 4X and Canadian portions ofDan E. Lane – Setting TACs in the 4X5Y Cod and Haddock Fisheries D-100
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PRACTICING PRECAUTION and ADAPTIVE
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ACKNOWLEDGEMENTSPracticing Precauti
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A- EXECUTIVE SUMMARYINTRODUCTIONWit
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This study must be considered as an
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The regulatory scheme does not expl
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increased the TAC. However, for cod
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B - INTRODUCTION: UNCERTAINTY, PREC
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mechanisms of participation, such a
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Some causes of uncertainty are more
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The distinction between principle a
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estimates serve as a notional bench
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1 As Jonathan Wiener emphasizes, re
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C- RESEARCH METHODOLOGYEVALUATING I
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questionnaire: for each concept, th
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D-2
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Nathalie Chalifour & Yves Prévost
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III.B.4. Principe 4.4 Il devrait y
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Le Canada a aussi des obligations e
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En septembre 2001, le gouvernement
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données de l’ACIA. Le Service ca
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II.B. Les NIMP 2 et les ARP’s de
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L’AF se qualifie comme OQ, car l
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II.C. Les règlements additionnels
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II.C.1e. Règlement sur l’indemni
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II.C.2d. Règlement sur l’indemni
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défi est donc de savoir quand s’
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III.B.3. Principe 4.3 L’applicati
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arrivent aux ports canadiens tous l
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VI. ANNEXE I. ABRÉVIATIONSACIAAgen
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29 Kai N. Lee, « Appraising Adapti
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D-34
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Jennifer A. Chandler - The Regulati
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Jennifer A. Chandler - The Regulati
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As a result, a new plant is exempt
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decision-maker “shall” refuse t
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the intermediate situation, proof o
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data and relevant scientific inform
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Page 95 and 96: into account its conditions or prop
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Page 103 and 104: VIII.C. Is PMRA practicing precauti
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Page 107 and 108: effects of decisions are systematic
Page 109 and 110: eported. Note furthermore that this
Page 111 and 112: Pest Management Regulatory Agency (
Page 113 and 114: Dan E. Lane - Setting TACs in the 4
Page 115 and 116: LIST OF TABLESTable 1. Stock Status
Page 117 and 118: Environment). As it expanded, Canad
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Page 129 and 130: Scotian Shelf. Approximately 50% of
Page 131 and 132: The prognoses of the stocks for 200
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Page 135 and 136: Sources ofUncertaintyAge Structure:
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Page 139 and 140: OutlookIndicators of Abundance:Indi
Page 141 and 142: ManagementConsiderationsEcosystemCo
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Page 147 and 148: IV. RECOMMENDATIONSIV.A. Case study
Page 149 and 150: V. REFERENCESCanada 2005. A Framewo
Page 151 and 152: Hutchings, J.A. 1996. Spatial and t
Page 153 and 154: VI. APPENDIX AStock Status Report D
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Page 157 and 158: Sources of UncertaintyOutlookSPA -
Page 159 and 160: E- COMMENTARY AND ANALYSIS OF RESEA
Page 161 and 162: COMMENTARY AND ANALYSIS OF RESEARCH
Page 163 and 164: TABLE OF CONTENTSI. PRACTICING PREC
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I_1210-1-21pest 2fish 3gmo 4frstcas
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II. PRACTICING PRECAUTION EXPLORATO
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II.C. GoalsThe goal of this examina
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Figures 16, 17, and 18 do not contr
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Conclusions & Summary F-2
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Conclusions & Summary F-4
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one government department to anothe
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involves the scrutiny of procedural
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can assess the risks inherent in a
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entrenched in the treaties and legi
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III. REFORM POSSIBILITIESFactoring
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ased decision-making. Finally, thes
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The answers will depend on context,
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ased on the administrative principl
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decisions must maintain the adminis
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Potential Future WorkAmong the many
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On the South Australia Environment,
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G - APPENDICES:i. Document Question
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Practicing PrecautionTo which case
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10) The following is a list of "pre
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15) There are many different source
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• Decisions are treated as scient
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Revised February 25, 2005PRACTICING
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II.1. Does the legislation constitu
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III.2.a Does the legislation contai
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III.8.i “endangered”III.8.j “
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III.13.a Uncertainty about effects
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IV.5.g Monitoring is conducted by t
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V.7.Do decision-makers have access
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iii. WORKSHOP SUMMARY“Precaution,
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science, to Type I and Type II erro
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iv. WORKSHOP PARTICIPANTSMARCH 8 th
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NATHALIE DES ROSIERS613-562-5902nat
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Mike WilsonDirector, Strategic Issu
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