Elver Possession and Export Licences

Summary#

The Government of Canada has made the final Possession and Export of Elvers Regulations. They will require licences for possessing and exporting young American eels (elvers) and come into force on March 1, 2025.

What it does#

• Defines "elver" as an American eel under 10 cm in length and makes it illegal to possess or export them without a licence under the Possession and Export of Elvers Regulations.
• Creates two new licence types: a licence to possess elvers and a licence to export elvers. The Minister can set conditions on those licences (for example, where elvers can be stored, what records must be kept, and packaging/sealing rules).
• Requires more recordkeeping and traceability. Licence holders must keep transfer and inventory records and retain them for at least 5 years.
• Prohibits combining legally caught Canadian elvers with illegally caught ones, and mixing imported juvenile eels with Canadian elvers in the same container.
• Applies the rules to imported elvers as well as those caught in Canada, and forbids export of elvers caught illegally.
• Makes related changes to other fisheries rules, including an explicit ban on recreational elver fishing in the Maritime Provinces Fishery Regulations and a linking change to the Ontario Fishery Regulations, 2007.
• The government estimates industry will face about $0.5 million in incremental costs over 10 years, and government costs of about $25.8 million over the same period for enforcement, systems, and administration.

Who's affected#

• Licence applicants and holders: operators of holding facilities and exporters. The government estimated about 93 possession licences and 35 exporters in its analysis, with about 60 holding facilities.
• Commercial harvesters and buyers in Nova Scotia, New Brunswick, Prince Edward Island and Ontario who handle elvers.
• Indigenous communities that participate in or have an interest in the elver fishery; some First Nations expressed concerns about impacts on treaty rights and asked for more engagement.
• Federal agencies that work at borders and airports, including the Canada Border Services Agency and the Canadian Food Inspection Agency, and Fisheries and Oceans Canada enforcement staff who will do inspections and sealing of export shipments.
• Commercial transporters and airport handlers when they carry elver consignments (certain narrow exemptions apply for transporters with no interest in the cargo and for airport handlers acting in their duties).

Why it matters#

• The rule aims to stop large-scale illegal elver harvesting and the unlawful trade that has led to violent incidents and fishery closures. The regulations try to make it harder for illegally caught elvers to enter the legal export chain by increasing traceability and checks at holding facilities and before export.
• For businesses, it means new paperwork, some facility changes (separate tanks, labelling, containers) and possible inspections. The government predicts modest industry costs but substantial government spending on enforcement and an information system to track elvers.
• For communities and licensed harvesters, the measures are intended to allow the fishery to be managed more safely and fairly. Some Indigenous groups worry the rules could affect treaty rights and want more discussion about access and self-management; the government says it will continue engagement.
• The changes come into force on March 1, 2025, so anyone involved in the elver supply chain should prepare to apply for licences and meet new recordkeeping and packaging requirements before that date.