Question Period Note: Fisheries Management Order closing the elver fishery in New Brunswick and Nova Scotia

• The commercial elver fishery is a directed fishery for juvenile eels and must be managed in a sustainable manner.
• The Department became aware of significant fishing activity that was not associated with the regulated commercial fishery.
• On April 27, I signed a Fisheries Management Order temporarily closing the fishery for 45 days to address threats to conservation and to support the proper management and control of the elver fishery. This order was subsequently renewed, effective June 11, for an additional 45 days.
• Efforts to support the sustainability of this important species are ongoing, which includes a review of the Department’s current management of all American Eel.

If Pressed – Listing under the Species at Risk Act
• Following the recommendation received from COSEWIC, the Government of Canada is analyzing and considering the option of listing American Eel as a threatened species at risk under the Species at Risk Act.
• This is a very complex decision, with many social and economic implications.

• American Eel is currently being considered for listing as a Threatened species under the Species at Risk Act. If listed, automatic prohibitions under SARA would come into play: 1) against killing, harming, harassing, capturing or taking an individual; and 2) against possessing, collecting, buying, selling or trading them. In addition, recovery planning requirements would apply, and (once critical habitat is identified) a ministerial order would be required to trigger a further prohibition against critical habitat destruction.
• Exemptions to the prohibitions could only be considered if information was available that indicated that a) for fisheries, they could continue while still recovering the species, and b) for incidental harm from other activities (e.g., hydro operations), they would not would not jeopardize survival and recovery after avoidance and mitigation measures are taken to minimize the harm. Land claims agreements are an exception.
• Fisheries and Oceans Canada (DFO) authorizes a commercial elver (eel under 10 cm) fishery in portions of New Brunswick and Nova Scotia.
• Some food, social, and ceremonial licences do not have a minimum size for American Eel, which authorizes the harvest of elvers (eel under 10 cm), with no limit on the quantities that can be taken. Sale is not permitted.
• The elver fishery is managed at the Regional level with a total allowable catch (TAC) for the fishery and at a site specific level with river catch limits set for each fishing location (rivers, streams, brooks) found in a commercial licence.
• In April 2020, the number of fishers outside the commercial fishery neared the number of participants in the commercial fishery.
• Fishing disputes and threats of violence were reported to DFO Conservation & Protection and local police.
• A Fisheries Management Order was signed by the Minister on April 27, 2020 closing the elver fishery due to threats to conservation and the proper management and control of the fishery.
• The Minister renewed the Fisheries Management Order, effective June 11 for an additional 45 days, due to the continued belief that threats to conservation of eel and the proper management of the elver fishery were still present at the end of the initial 45 day period.
• DFO staff are currently reviewing the management of the American eel fishery, including elver harvesting activities.
• On July 10, an application for judicial review was filed in the Federal Court by the Canadian Committee for Sustainable Eel Fishery Inc. and five of its members, in all representing eight of the nine commercial elver licence holders. The Applicants challenge the Fisheries Management Order and its extension. Canada filed its Notice of Appearance and Certified Tribunal Record on July 14 and 28, respectively.

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