Question Period Note: American Eel, including Anticipated Unlicensed Fishing in Spring 2022

American Eel, including Anticipated Unlicensed Fishing in Spring 2022

The management of all fisheries is undertaken with conservation as the primary objective. Given the conservation concerns associated with American eel, an increase to the total allowable catch (TAC) in the elver fishery is not being considered at this time.

My department will continue to carefully monitor the elver fishery and take measures necessary to ensure the conservation of the American eel, and a sustainable and orderly fishery.

Strengthened management measures were introduced for the 2021 season, following consultations with Indigenous communities and engagement with the commercial industry.

If pressed on the Fisheries Management Order that prohibited fishing for elvers in 2020
The commercial elver fishery is a directed fishery for juvenile eels and must be managed in a manner focused on conservation.

In 2020, fisheries management orders were implemented to support the proper management and control of the elver fishery. These orders resulted in closure of the fishery for the season, effective April 27, 2020.

Efforts to support the sustainability of this species are ongoing, which includes a review of the Department’s current management of the American eel fishery.

If pressed on the expression of interest process or the quota reallocation being considered for the 2022 season
A second expression of interest process for elver quota was not initiated as the initial proposed financial agreements received were significantly above the estimated market value.

However, there remains a need to prioritize and support an increase in First Nations participation in this fishery in advance of the 2022 season.

My department is considering quota reallocation for the 2022 fishing season as an interim means to provide increased access to First Nations while also ensuring a safe and orderly fishery.

My department will continue to work toward a longer-term approach to support Indigenous participation in the commercial elver fishery prior to the 2023 season.

Listing under the Species at Risk Act
In 2012, the Committee on the Status of Endangered Wildlife in Canada, or COSEWIC, assessed American eel as threatened.
The Government of Canada is now analyzing the possible listing of American eel – for its protection – under the Species at Risk Act.

This is a very complex decision, with many social, cultural, and economic implications.
American eel population structure
All American eel share the same genetic makeup and originate and distribute from a single spawning location in the Sargasso Sea. As such, COSEWIC designated all American eels in Canada as belonging to one single population regardless of their locality or life history stage (larval, juvenile (elver) or mature).

Consequently, threats to the population in one location have an impact on the entire population.

• American eel is currently being considered for listing as a threatened species under the Species at Risk Act (SARA). If listed under SARA, automatic prohibitions 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.
• [Information was severed in accordance with the Access to Information Act.].
• If American eel were to be listed, exemptions to SARA prohibitions could only be considered if information was available that indicated that the activity would not jeopardize survival and recovery of the species. However, it is important to note that commercial fisheries could not, in effect, be exempted from application of the prohibitions in this way because exemptions can only be applied to federally-permitted activities, which do not include sale of caught fish.
• Because all American eel originate from the same spawning location in the Sargasso Sea and are therefore all of the same genetic makeup, they are considered a single global population. American eel were therefore assessed as threatened in 2012 by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) as a single Designatable Unit (or population) in Canada. When migrating, American eels are not affiliated with any particular river system. For these reasons and despite claims by some to the contrary, the science points to the fact that, regardless of the life-history stage (larval, juvenile (elver) or mature) and regardless of geographic location (e.g., Atlantic Ocean, freshwater rivers, Great Lakes) all individuals contribute to this one threatened population. Threats and population declines in one area, even if not evident elsewhere, impact the entire population.
• Concerns have been expressed by the elver fishing industry that a SARA listing of American eel as threatened, would result in significant socio-economic impacts resulting from closure of the fisheries. The elver industry maintains that the threats to American eel occurs at the later stages of their life-cycle (mature eel stage) and that the elver population is healthy.
• In terms of a potential listing of the American eel under SARA, the Government of Canada decision-making must reflect the scientific Designatable Unit structure as defined by COSEWIC. Listing only a life stage of American eel or a geographic range of American eel is not possible under SARA as it is currently written. Regardless of whether listed under SARA, American eel fisheries are managed under the Fisheries Act.
• 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 (FSC) licences in the Maritimes Region include a minimum size for American eel. Therefore elver fishing is not permitted under an FSC licence, nor is sale of fish permitted under an FSC licence.
• 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 and Protection and local police.
• In 2020, Fisheries Management Orders were signed by the Minister closing the elver fishery due to threats to conservation and the proper management and control of the fishery.
• 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 prohibits FSC fishing for elvers.
• Assertions of rights-based fishing were reported in the Maritimes Region in 2021 and were subject to enforcement response in some cases. A total of 47 people were arrested or investigated for unauthorized elver fishing in 2021, and a total of 127 kg of unauthorized elver were seized along with vehicles and other equipment. These files were turned over to the Public Prosecution Service of Canada (PPSC) for their review and decision as to whether to proceed to court. Unauthorized elver fishing is anticipated to occur at similar or greater levels again during 2022 fishing season (mid-March to July) if there is no meaningful progress made to secure access to this resource for First Nations with active interests in fishing elver in pursuit of a moderate livelihood.
• In February 2021, the Department requested expressions of interest from commercial elver licence holders who wished to voluntarily reduce their participation in the fishery in exchange for a financial arrangement, of which seven of the nine licence holders submitted proposals. In order to assess the proposals, DFO procured a licence valuation report from an independent third party. In the end, none of the proposals were pursued as the submissions were significantly in excess of the valuation. So much so that a second round of requests for proposals was considered but rejected as it would almost certainly have not resulted in a more favourable outcome.
• 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 three Nova Scotia First Nations.
• The Wolastoqey Nation in New Brunswick has submitted a proposal that includes commercial access to elver, and aquaculture with the intention to reintroduce access to support FSC fisheries for adult eel.
• On Tuesday, April 13, 2021, the then Minister 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.
• On February 24, 2022, DFO sent a letter to existing commercial elver licence holders explaining the Department was considering an interim measure for 2022 of individual quota reductions for current licence holders so that Indigenous commercial communal access to the fishery could be increased. The letter requested written feedback from those who wished to make representations to be considered before a decision was made. All nine licence holders provided written representations and they are now being analyzed by DFO staff.

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