Elver possession and export licences

Summary#

The federal government is proposing the Possession and Export of Elvers Regulations under the Fisheries Act to tighten controls on the trade in juvenile American eels (“elvers”). In practice the proposal would require licences and record-keeping for anyone who possesses or exports elvers and add sealing and labelling rules to improve traceability; this is a proposal published June 29, 2024 with a comment period of 70 days.

What it does#

• Requires a licence to possess elvers (American eel under 10 centimetres) in Canada, with a small set of exceptions such as licensed scientific work, transporters who only move goods for others, airport handlers doing their jobs, and licensed aquaculture operators.
• Requires a licence to export elvers. An export licence alone does not allow a person to possess elvers — some businesses will need both licences.
• Lets the Minister set licence conditions that can require:
  • daily inventory and transfer records and retention of records for at least 5 years;
  • labelling, marking, and the use of a unique identification number on export containers;
  • sealing and inspection of export containers and verification of weight by fishery officers or DFO staff.
• Prohibits mixing legally caught Canadian elvers with illegally caught elvers, and mixing imported juvenile eels with Canadian elvers in the same tank or container.
• Changes other rules:
  • amends the Maritime Provinces Fishery Regulations to separate management of elvers and larger eels and to explicitly prohibit recreational elver fishing;
  • makes a consequential change to the Ontario Fishery Regulations, 2007 and to the Fishery (General) Regulations.
• Sets out penalties for offences, including fines and possible imprisonment; examples in the proposal include fines up to $100,000 (summary) or $500,000 (indictable), and a possible $750 ticket for certain licence-condition breaches.
• Foresees an information-management system, enforcement activity (including attending export “sealing” events), and coordination with the Canada Border Services Agency.

Who's affected#

• Licensed participants in the elver supply chain: holding-facility operators, buyers and sellers, and exporters. The government estimated about 93 possession licences and 35 exporters in one scenario, and about 60 holding facilities in another.
• Commercial transporters and airport workers who handle shipments.
• Licensed elver fishers and the people they authorize to fish — the rules affect who they can legally sell to and how their catch is tracked.
• Indigenous communities and rights-holders. The proposal notes consultation with several First Nations and that some communities raised concerns about access and potential impacts on treaty rights. Examples mentioned in background include the Kespukwitk District First Nations and the Wolastoqey Nations (named in consultations).
• Federal agencies that enforce the rules, mainly Department of Fisheries and Oceans (DFO) and the Canada Border Services Agency (CBSA).
• Small businesses: the regulatory impact analysis estimates industry costs of about $2.2 million and government costs of about $25.8 million over 10 years.

Why it matters#

• The rule aims to reduce widespread unlawful elver harvesting and the associated illegal sales and exports. DFO says illegal harvest has at times equalled or exceeded legal catch and has been linked to violence and organized crime.
• The regulations focus on the post‑harvest chain (holding facilities, exporters, transport) because elvers are usually shipped quickly by air to grow-out facilities overseas. Better records, seals, and export checks are intended to make it harder to launder illegally caught elvers into legal shipments.
• If effective, the changes could help conserve American eel populations by lowering total unlawful removals and by making enforcement faster and clearer (officers could more quickly tell whether someone has a required licence).
• There are trade‑offs and uncertainties:
  • DFO’s analysis estimates industry compliance costs of about $2.2 million and government implementation and enforcement costs of $25.8 million over 10 years; the analysis did not quantify direct benefits.
  • Some Indigenous groups say more work is needed to understand effects on fishing rights and access.
  • These are proposed changes, not law yet; comments are open for 70 days from publication (June 29, 2024).