I'd like to begin, Mr. Chair, and I'll ask Kevin to weigh in. You'll understand that it's always a little difficult for a deputy or for an assistant deputy to talk in public about advice given to a minister, because traditionally that remains a private affair. But in this case, as we all know, the advice memo was part of an affidavit, and part of it is public. In recognition, of course, that it is before the courts, we have to be careful about how we characterize this, but there are a couple of points that I really would like to make. I think it will help the public debate, and they haven't come up much in the public commentary around this issue.
We offered the minister two options—which is our role in the process—concerning the 2014 herring. I just want to start out by saying that both options—and this is a point that was really unclear—were based on the notion that on the basis of the 2013 assessment in the three fishing areas that you've referenced, the cut-off, which is the management strategy we use for the Pacific herring fishery.... The system proved that the spawning biomass was significantly above the cut-off. That's the first point.
The second point is that—as we always do—these options were also discussed with industry, with first nations, with other stakeholders in the course of our deliberations.
The first option would have seen a commercial harvest take place this year, but at a 10% harvesting rate—that is to say 10% of the estimated biomass. That was the first option.
The second option, which was ultimately the option that the department recommended, would not have seen a commercial fishery this year, but it would have included time for the department to continue on initiatives like the Pacific herring licence fee reform; it would have let us advance work under the sustainable fisheries framework to look at a new management regime for Pacific herring, which we've already begun to talk to industry about; and finally, we thought it would have let us continue on with some of the science work.
I'll just finish on this very—