Elver Possession and Export Licences

Summary#

The federal government is proposing the Possession and Export of Elvers Regulations under the Fisheries Act. The rules would make it illegal to possess or export baby American eels (elvers) without a licence and would add record‑keeping, sealing and labelling rules to help trace elvers from river to export. This is a proposal published on June 29, 2024 with a comment period of 70 days.

What it does#

• Requires a licence to possess elvers and a separate licence to export elvers. Licence holders would face conditions set by the Department of Fisheries and Oceans (DFO).
• Creates licence conditions for both possession and export that can require:
  • daily inventory and transfer records and keeping records for five years;
  • separation of Canadian‑caught elvers from imported juvenile eels while held and during export;
  • verification, sealing, labelling and a unique identification number on export containers;
  • advance notice to DFO before export packaging events.
• Prohibits:
  • possessing or exporting elvers without the appropriate licence (with a number of narrow exceptions for things like transporters, airport handlers, certain scientific uses and aquaculture operators);
  • mixing legally caught Canadian elvers with illegally caught elvers in the same container; and
  • recreational elver fishing (the rule clarifies fisheries rules in the Maritime Provinces Fishery Regulations, Ontario Fishery Regulations, 2007, and the Fishery (General) Regulations).
• Allows DFO to manage elver fishing close times separately from larger eel fisheries (amendment to the Maritime Provinces Fishery Regulations).
• Export licence does not by itself allow possession. A business that both holds and exports elver would generally need both licences.

Who's affected#

• Licensed elver harvesters and the people they authorize to fish.
• Holding facility operators who keep elvers after harvest. DFO estimates about 60 holding facilities and about 93 people or businesses may need possession licences (estimates in the proposal).
• Exporters. The proposal estimates about 35 exporters would be affected.
• Small businesses involved in buying, storing, packing and exporting elvers.
• Department of Fisheries and Oceans (DFO) and the Canada Border Services Agency (CBSA) for enforcement, inspections and information sharing.
• Airports and air cargo handlers involved in live shipments.
• Indigenous and First Nations communities. Some have raised concerns about possible effects on treaty fishing rights and about access to the fishery.
• The public where illegal elver activity has caused local violence or property harms (the proposal cites such incidents).

If some details are unclear: the exact number of licences and facilities that will be required depends on how the final rules and licence conditions are written and on future DFO decisions.

Why it matters#

• The government says the goal is to reduce unlawful elver harvesting and the violent and organized‑crime problems reported around the fishery. Better traceability (records, seals, labels, unique IDs) is intended to make it harder to move illegally caught elvers into the legal export chain.
• Environmental side: if unlawful harvest drops, it could lower fishing pressure on the American eel and help conservation.
• Economic and administrative impact: the Regulatory Impact Analysis estimates incremental industry costs of about $2.2 million and government costs of about $25.8 million over 10 years; businesses will face more paperwork and inspections.
• Rights and access concerns: some Indigenous groups worry the licences could affect treaty rights or create extra burdens; DFO says those issues will be addressed in further engagement.
• This is a proposed regulation, not yet in force. The public can comment during the consultation window before any final rules are made.