Question Period Note: Anticipated Unlicensed Fishing (Elvers)

• The commercial elver fishery is a directed fishery for juvenile American eels and must be managed in a sustainable manner for the benefit of all Canadians.
• Elver fishing outside the commercial fishery has increased in recent years, and unauthorized harvesting has been observed this spring as an assertion of Aboriginal and treaty rights.
• The Supreme Court’s Marshall decision affirmed a treaty right to hunt, fish, and gather in pursuit of a ‘moderate livelihood’. DFO is working with Mi’kmaw, Wolastoqey, and Peskotomukati communities through the Rights Reconciliation negotiations process to implement this right. These negotiations are actively considering access to multiple species, including elver.
• For both conservation and safety reasons, it is extremely important that rights-based fishing access is addressed through consultation and negotiation.
• 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.
• All food, social, and ceremonial licences in the Maritimes region include a minimum size for American eel. Sale is not permitted.
• The elver fishery is managed by the Maritimes Region 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. The Department has implemented a minimum size limit (>10cm) for American eel in FSC licences in DFO’s Maritimes Region, which will prohibit FSC fishing for elvers. Several Indigenous communities in the Maritimes Region have expressed to DFO their intention to assert a moderate livelihood right to fish for elver during the 2021 season.
• Elver is licensed under an Enterprise Allocation (EA) model. Some EA fisheries allow for licences to be split to create new licences if sufficient quota exists to maintain viability of new and existing licences.
• DFO is considering changes that may support voluntary relinquishment of commercial access to facilitate moderate livelihood access, including exploring the idea of allowing elver licences to voluntarily be split such that DFO would acquire some of the quota and fishing locations on a licence, to reissue through existing negotiations.
• DFO has met with elver licence holders on this matter and has requested that for those interested in voluntarily relinquishing access, proposals should be submitted to DFO.
• DFO has received a request to consult on Moderate Livelihood Fishing Plans for elver from the Kwilmu’kw Maw-klusuaqn Negotiation Office, on behalf of two Nova Scotia First Nations.
• On Tuesday, April 13, Minister Jordan communicated with media that negotiations go beyond just lobster and includes all species. Further, she stated that DFO will continue to work with communities via negotiations to see if there is a way to exercise that right.

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