Question Period Note: • Elver Fishery 2024

• Since the closure in 2023, the Department has been working with industry, First Nations and other stakeholders to chart a path forward. While they have made a great deal of progress, there is still more work to do as we work to opening the fishery if safe to do so in 2025.
• Given the level of conservation and safety concerns in this fishery in the absence of substantial changes, it was highly likely that license holders, First Nations and fishery officers would have faced the same unacceptable issues that marked the fishery in previous years. Therefore, I took the decision not to open the elver fishery in the Maritimes Region in 2024.
• Work is ongoing by the Department related to the possession and export of elver, changing how the fishery is managed, and enhancing the distribution of access to Indigenous harvesters. These changes are key to promoting compliance in this fishery and will also support deterrence and prosecution for non-compliance.

BACKGROUND
• Elvers are juvenile American Eels. 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. The American eel population has decreased across eastern Canada in the last forty years. Canada is currently considering whether to list the species under the Species at Risk Act (SARA); if listed, prohibitions would apply.
• The elver fishery is managed with a total allowable catch (TAC) and site-specific river catch limits set for each fishing location (rivers, streams, brooks) in licences. The TAC of 9960kg has remained the same since 2005. For 2023, there were eight commercial licences, one communal commercial licence, and two interim communal commercial licences covering 10 First Nation Communities.
• In 2022 and 2023, First Nation access was reallocated from existing licence holder TAC. The Department participated in a Judicial Review (JR) brought by three non-Indigenous elver licence holders who disagreed with the approach to reallocating the 2022 quota and were successful. Three JRs have also been brought to the Department on the 2023 decision.
• The elver fishery has become extremely lucrative in the past 10 years, with landed value rising from $450 per kilogram (kg) in 2009 to approximately $5000 per kg in 2023, with a peak value of $5,100 per kg in 2019.
• In comparison to other commercial fisheries, the investments required to harvest are relatively low. Coupled with it’s high value there is significant unauthorized harvesting in this fishery.
• Due to the limited current extent of access held by First Nations who assert a credible right to fish elvers for a moderate livelihood, there is considerable risk of ongoing and high levels of unauthorized fishing by Indigenous communities in the Region and First Nations from various Provinces and States and creating instability in the fishery. DFO considers greater access by First Nations to the elver fishery could help to mitigate these risks.
• Fishing outside the DFO authorized commercial elver fishery steadily increased over the last decade. In the springs of 2020 and 2023, as a result of significant fishing activity outside the commercial fishery by both Indigenous and non-Indigenous harvesters, the Minister issued a Fisheries Management Order to close the fishery.
• Unauthorized harvest of elvers poses a significant safety concern for both harvesters and fishery officers. DFO received numerous complaints of disputes between harvesters and responded to incidences of fishing gear tampering and situations involving threats to harvesters and fishery officers, intimidation and vandalism of public property.
• On February 13, 2024, letters were sent to elver fishery licence holders from the Minister of Fisheries and Oceans, stating that the Minister was contemplating not issuing fishing licences for the 2024 season and seeking their feedback.
• On March 11, the Minister announced that the elver fishery would not open this year due to conservation and safety concerns, and therefore anyone caught fishing elver would be subject to enforcement actions as per the Fisheries Act and the Maritime Provinces Fishery Regulations.
• On March 26, 2024, fishery officers from Fisheries and Oceans Canada arrested and later released two individuals for offences under the Fisheries Act related to elver fishing in Shelburne County. The individuals later raised concerns about the conditions of their release and the seizure of property including their hip waders.
• It is standard practice for fishery officers to seize fishing gear related to the commission of alleged infractions, including hip waders, fyke nets and dip nets. DFO has protocols in place to help guide fishery officers in their interactions with all individuals who are suspected to have committed an offence under the Fisheries Act and related regulations.
• On July 8, 2024, a statement was released announcing that the Government of Canada will be launching a comprehensive external review to examine the events of March 26, 2024, the conduct of the DFO fishery officers involved, as well as DFO policies, enforcement practices, and procedures to eradicate the potential for systemic biases or racism. It was noted that once this external review is concluded, a report with recommendations will be presented and made public.
• On June 10, 2024, the Department announced that as part of ongoing work to improve the management of the elver fishery, DFO is consulting with First Nations and engaging with existing commercial licence holders on a potential reallocation of 50% of the overall total allowable catch (TAC) to support fishing in pursuit of a moderate livelihood. During these consultations, the Department is also gathering feedback on an additional potential reallocation (in addition to the 50%) which could be used to accommodate other new (non commercial) entrants to the fishery. These consultations are ongoing.
 

If Pressed on what is the Department reviewing?
• Departmental officials are working diligently to improve the management and bring stability to the fishery.
• To build a sustainable, safe, orderly, and well-managed fishery, decisions will be taken on changes in three key areas: enhancing access for Indigenous communities; establishing new regulatory requirements for possession and export of elvers; and development of updated management and traceability systems.
• Regulatory changes are needed for stronger oversight of elvers from the time they are fished to export. Management changes, including traceability tools, are required to bring order to this fishery. Long-term stable access, which includes enhanced Indigenous participation, is also needed. Making these changes takes time and requires meaningful consultations with all stakeholders.

If pressed on compensation to licence holders, related to not opening the fishery in 2024?
• I know that the decision had an economic impact on the 11 licence holders, their employees and community members. However, in order to have a sustainable long-term fishery, changes must be put in place.
• Many decisions are taken on access to Canada’s valuable fisheries every day, including unfortunate decisions to close or drastically reduce fishing efforts to conserve species. Generally these changes do not result in compensation to licence holders.

If pressed on elver arrests in Shelburne area March 26, 2024?
• On March 26 a situation occurred in Shelburne County, Nova Scotia, involving the arrest and release of two Mi’kmaw individuals. I am deeply troubled by allegations raised.
• On June 8, 2024, I announced that the Government of Canada will be launching a comprehensive external review to examine the events of March 26, 2024, Examining the events includes the conduct but only relevant to policies and practices. The internal investigation already looked at conduct, as well as DFO policies, enforcement practices, and procedures to eradicate the potential for systemic biases or racism. This external review must, and will, involve Indigenous leadership. Once this external review is concluded, a report with recommendations will be presented and made public.

If pressed on the potential reallocation to support fishing in pursuit of a moderate livelihood:
• As part of ongoing work to improve the management of the elver fishery, the Department is consulting with First Nations and engaging with existing commercial licence holders on a potential reallocation of 50 per cent of the overall total allowable catch to support fishing in pursuit of a moderate livelihood.
• During these consultations, the Department is also gathering feedback on an additional potential reallocation (in addition to the 50 per cent) which could be used to accommodate other new (non-communal) entrants to the fishery.

 
If pressed on whether similar allocation decisions will be made in other fisheries:
• The "willing buyer, willing seller" approach remains my preferred approach. However, given significant increases in value and relatively low input costs, to harvest the commercial elver fishery presents a unique opportunity to re-allocate access to advance reconciliation by reducing the long-standing socio-economic gaps between Indigenous and non-Indigenous communities in Nova Scotia and New Brunswick, without compensation.