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The proposed regulations introduce new rules for the possession and export of elvers—juvenile American eels measuring less than 10 centimeters in length.
- Possession License Requirement
Under the proposed regulations, individuals would be prohibited from possessing elvers without a valid possession license. However, there are several key exceptions to this rule:- Licenses for Scientific, Educational, and Conservation Purposes: Individuals holding a license under the Fishery (General) Regulations for activities such as experimental research, education, aquatic invasive species control, or public display would not require a separate possession license.
- Transfer from River to Holding Facility: Those holding an elver fishing license can possess and transport elvers directly from the river to a licensed holding facility without needing an additional possession license.
- Commercial Transporters: Transporters moving elvers without any ownership or interest in the stock would not require a possession license.
- Airport and Border Control Employees: Individuals working at airports or in law enforcement, such as DFO or CBSA personnel, acting within their official duties, are exempt from possession restrictions.
- Aquaculture Facility Transfers: Those possessing elvers for aquaculture purposes or transferring them into natural habitats under the Fisheries Act or provincial regulations may do so without additional licensing.
- Law Enforcement Actions: Elvers seized by law enforcement officers during their duties may be exempt from possession restrictions.
- Restrictions on Obtaining and Transferring Elvers
The regulations will prohibit individuals from obtaining or transferring elvers to anyone not authorized under the following circumstances:- Authorized possessors, including those with elver fishing licenses or specific research or aquaculture-related licenses, are the only individuals allowed to acquire or transfer elvers.
- Aquaculture Facilities: Operators cultivating elvers until they reach a size greater than 10 centimeters are authorized to possess and transfer them. Any transfer outside of these parameters would require approval from the Minister.
- Licensing for Exporting Elvers
The export of elvers will be prohibited unless authorized by a Ministerial export license. There are no exemptions for this requirement. Conditions for the export license would include:- Packaging and Transport Conditions: The Minister may specify packaging standards and the verification of shipments by fisheries officers.
- Identification and Record-Keeping: The regulations will require unique identification for each shipment, including tracking numbers and the maintenance of detailed records for traceability, which must be available to DFO or CBSA.
- Sealing and Tampering Provisions: The regulations will prohibit tampering with the seal of any container holding elvers for export, with exceptions only under authorized conditions.
- Export License and Possession License: To both possess and export elvers, individuals will need to secure both a possession license and an export license.
- Prohibition on Mixing and Unlawful Possession
- Illegal Elvers: The regulations prohibit the mixing of illegally caught elvers with those lawfully harvested. This includes imported juvenile eels of any species being mixed with Canadian elvers.
- Traceability and Documentation: All records regarding the possession, transfer, and export of elvers must be retained for at least five years after the expiration of the license, ensuring full traceability and compliance with regulatory requirements.
B. Amendments to the MPFR (Marine Protected Fishery Regulations)
Glass Eels
The proposed regulations also update the MPFR by introducing separate tables for close times for elvers and larger eels (greater than 10 cm).
- Prohibition on Recreational Fishing
The regulations will explicitly prohibit recreational fishing for elvers, aiming to preserve their populations and support sustainable management. - Clarification of Existing Regulations
The regulations also update provisions related to the use of eel traps, clarifying that these rules do not apply to elvers.
Conclusion
These proposed regulations aim to better manage the harvest, possession, and export of elvers to ensure sustainable eel populations, with an emphasis on protecting fish stocks and ensuring transparency in all aspects of elver trading and transport
