Possession and export of elvers

Elvers are young American eels less than 10 cm long. They have become the most valuable fish exported from Canada. Elvers have been sold for as much as $5,000 per kilogram. Most Canadian elvers are shipped to Asia, where they are grown to full size for consumption.

The demand from Asia, and significant declines in global elver catch, have led to the increase in value of Canadian elvers.

As of 2023, the Minister of Fisheries and Oceans has issued 12 elver fishing licences. Three of these licences are held by First Nations.

Issues

The high value of elvers has created challenges.

1. High levels of unauthorized harvest and trade, due to:
   • the high value of elvers
   • the large geographic area where it is harvested
   • how easy it is to fish, conceal and transport elvers
2. Violent incidents and threats of violence involving authorized and unauthorized harvesters.
3. Fishery officers have been harassed and threatened.
4. Increased conservation threat to American eel in Canada.

There is currently no federal oversight or monitoring of the entire elver supply chain from harvest to export.

Three elver supply chain activities are currently regulated by DFO-issued fishing licences:

• harvesting elvers
• transporting elvers from the river to a holding facility
• holding elvers at a holding facility until the first sale

The subsequent handling and movement of elvers after the first sale is not currently regulated by a DFO-issued licence.

New regulations

DFO is working on regulations that would make it an offence to possess and export domestic and imported American eel elvers without a licence.

Licences

Under these new regulations, you would need a licence to possess and export elvers. There would be separate licences for possession and export. Depending on your activities in the supply chain, you may need both.

Below is a breakdown of which supply chain activities would be regulated by which licences.

Two elver supply chain activities would be regulated by DFO-issued fishing licences:

• harvesting elvers
• transporting elvers from the river to a holding facility

Three elver supply chain activities would be regulated by DFO-issued possession licences:

• holding elvers at any holding facility
• transporting elvers between holding facilities
• introducing imported foreign elvers into Canadian holding facilities

Three elver supply chain activities would be regulated by DFO-issued export licences:

• packaging and preparing elvers for export
• transporting elvers to the airport for export
• exporting elvers from Canadian airports (in partnership with Canadian Border Services Agency (CBSA))

Under the new regulations, it would also be an offence to:

• combine elvers legally caught in Canada in the same container as:
  • foreign-caught elvers of any eel species
  • elvers caught illegally in Canada
• unseal a container that has been sealed for export

Possession and export licence holders would be required to keep records for five years after their licence expires.

Possession licence

You would need a possession licence to possess elvers once they have been deposited at a holding facility.

This includes:

• holding facility operators
• fish buyers and processors that possess elvers
• persons involved in the transportation of elvers between holding facilities or for the purpose of export that are not commercial transporters

You would not need a possession licence if you are:

• an elver fishing licence holder or designate and you are in possession of elvers between harvesting and depositing them at a holding facility specified in your elver fishing licence
• a person who has a licence to fish elvers for experimental, scientific, or educational purposes
• a person who has a licence to transfer elvers to an aquaculture facility or release them into fish habitat
• an operator of a licenced aquaculture facility who is cultivating elvers to grow them to 10cm or greater
• a commercial transporter that has no direct or indirect interest in the elver fishery
• a person working at an airport who is engaged in handling goods for air transportation

Conditions of possession licences could include:

• where and when you can possess elvers
• how elvers must be stored at holding facilities and during transport
• the labelling requirements for containers of elvers in transit
• the records possession licence holders must keep about elvers in their possession
• the method and frequency for providing records and information to DFO

Obtaining and transferring elvers

Possession licence holders would be responsible for ensuring they obtain elvers from and transfer elvers to individuals authorized to possess elvers.

For elvers destined for export, a possession licence holder would:

• obtain elvers from fishing licence holders, other possession licence holders, or commercial transporters
• transfer elvers to other possession licence holders or to commercial transporters

Elver holding facilities

Elver fishing licences currently specify the location of holding facilities in Nova Scotia and New Brunswick where licence holders must deposit their catch immediately after harvest.

However, elvers are regularly transferred to other holding facilities on their way to export. This includes locations in Ontario and Quebec, where operators are not currently regulated by DFO.

Under the proposed regulations, all elver holding facility operators, regardless of their location in Canada, would need to obtain a possession licence.

Export licence

You would need an export licence if you arrange for elvers to be exported from Canada.

An export licence is specific to the activity of exporting. It does not grant the holder the authority to physically possess elvers.

If you are an exporter, you would also require a possession licence to physically possess elvers.

There would be no exemptions for export licences. Current elver licence holders would need to have an export licence to export elvers outside of Canada.

Conditions of export licences could include:

• a requirement to notify DFO when a container of elvers is packaged for export
• how export shipment containers must be prepared
• allowing a DFO official to:
  • verify the contents of each container destined for export
  • weigh the elvers
  • add a unique identifier to the container
  • seal the container
• the information that the licence holder must declare about each elver export shipment to the CBSA
• the records the licence holder must keep
• the method and frequency for providing records and information to DFO

The export licence holder would also be responsible for meeting export requirements set out by the CBSA.

Fish buyers and fish processors

Individuals or firms who buy and sell elvers within Canada are commonly referred to as fish buyers or fish processers. They may be subject to provincial regulations. However, not all jurisdictions have regulations for the harvest, purchase, sale or export of elvers.

Under the new regulations, all individuals and legal entities across Canada would be subject to the same federal licensing requirements. They would need a possession and/or export licence, depending on the scope of their planned activities.

The new regulations would have little to no impact on the provincial authority to regulate fish buying and processing.

Impact of new regulations

With the new regulations, we aim to:

• deter unauthorized elver harvest
• deter the unauthorized possession, sale and export of elvers
• reduce risk to human safety related to unauthorized harvesting
• create a more orderly fishery
• help improve the conservation of American eels and elvers
• increase confidence in the supply chain for licenced participants and their clients
• improve the transparency and predictability of the elver supply chain

The new regulations would result in an increased administrative burden and costs for those who wish to possess and export elvers.

Expected release date

We are aiming to introduce these new regulations for a 2025 elver fishery.