Licences for Elver Possession and Export

Summary#

The federal government (the Department of Fisheries and Oceans, or DFO) has published a proposed rule called the Possession and Export of Elvers Regulations under the Fisheries Act. If adopted, it would make it illegal to possess or export juvenile American eels (elvers) without licences and add record‑keeping, sealing and labelling rules aimed at stopping illegal harvest and export. The proposal estimates industry costs of about $2.2 million and government costs of about $25.8 million over 10 years. Public comments are invited until September 7, 2024; the rules would come into force upon registration if finalized.

What it does#

• Requires a licence to possess elvers and a separate licence to export elvers (an export licence alone would not allow possession).
• Sets licence conditions to record and report transfers, inventories and deaths, and to keep those records for at least 5 years.
• Requires sealed, labelled and uniquely identified export containers and allows DFO to verify weight and packaging at sealing events.
• Prohibits mixing legally harvested Canadian elvers with illegally caught elvers, and mixing imported juvenile eels with Canadian elvers in the same container.
• Lists exceptions (for example, certain scientific licences, commercial transporters who only carry goods, airport handlers, and aquaculture operators raising elvers past 10 cm).
• Amends the Maritime Provinces Fishery Regulations and the Ontario Fishery Regulations, 2007 to separate management of elvers and larger eels and to explicitly prohibit recreational elver fishing.
• Gives DFO powers to set licence conditions and to require daily or shipment reporting from holding facilities and exporters.

Who's affected#

• Licensed elver fishers and the people they authorize to fish (there were 11 licences and more than 900 authorized individuals in 2023).
• Operators of elver holding facilities (DFO estimates about 60 holding facilities) who would need licences, reporting systems, and sometimes extra tanks or labelling.
• Exporters (an estimated 35 exporters) and commercial transporters who move live elvers by air.
• Federal agencies involved in enforcement and border checks, including DFO and the Canada Border Services Agency (CBSA).
• Indigenous communities and First Nations. Some have raised concerns about access to the fishery and possible impacts on treaty rights; DFO says it will continue consultations.
• Anyone involved in the elver supply chain inside Canada (buyers, sellers, packers) because of new traceability and sealing requirements.

Why it matters#

• The rule aims to make it harder for illegally harvested elvers to enter the legal export market. The elver fishery has high value (reported at $38.5 million in 2022, with prices reaching over $5,000 per kg at times) and has seen large levels of unlawful harvest, closures of the commercial fishery, and reports of violence and organized crime influences.
• Better traceability, sealing and on-site checks are intended to deter illegal sellers and help enforcement officers decide quickly whether a possession or export is lawful.
• For licensed harvesters and facilities, the change means new paperwork, inspections, and some one-time equipment or segregation costs. DFO expects the measures could help restore lawful control of the fishery and support conservation of the American eel if they reduce unlawful fishing.
• The proposal carries government implementation and enforcement costs and is not yet law; interested parties can comment until September 7, 2024.