House of Commons Standing Committee on Fisheries and Oceans (FOPO)
Deputy Minister’s Appearance

Table of contents

• A - Opening Remarks
• B - Issue notes
  • B1 – Enforcement and Key Metrics
  • B2 – Collaboration with Federal Agencies, Provinces and Internationally
  • B3 – Commercial Elvers Fishery
  • B4 – Unauthorized Fishing in Nova Scotia
  • B5 – CESD Report: Monitoring Fisheries Catch
  • B6 – Peace on the Water Report (Senate)
  • B7 – Indigenous Moderate Livelihood Fishing
  • B8 – Regulatory Process
• C - Questions and Answers
• C9 – Management Measures for the Elver Fishery
• C10 – Indigenous Access and Allocation Consderations
• C11 – Enforcement Context
• C12 – Traceability System
• C13 – Question Period Card: Redfish and Shrimp

A - Opening remarks

Good afternoon, Mr. Chair.

It is my pleasure to be here today.

Fisheries and Oceans Canada is committed to the conservation of American eel, with sustainability and orderly management being priorities for the elver fishery.

This is an extremely lucrative fishery – Canada’s highest value by weight – and as such it attracts significant illegal harvesting.

This happens in hundreds of rivers in New Brunswick and Nova Scotia, often at night, and often in isolated places that are not easily accessible.

This makes it very difficult to monitor and fight illegal elver harvesting.

It is also an easy fishery to get into, with few barriers to entry. All that is needed is a dip net; no specialized training, vessels, or other equipment.

And there are vast, intricate, and lucrative supply chains available following the point of harvest.

So it’s an extremely appealing species for those who are involved in this illegal activity.

This presents compelling and challenging risks to conservation of the species, and to public safety.

The inspections, observations and reports submitted to Conservation and Protection indicate that significant quantities of elvers are harvested illegally, and it is estimated that the total catch far exceeds the total allowable catch, which jeopardizes the conservation goals for the American eel in Canada and threatens the conservation and protection of the population.

Unacceptable behaviours (harassment, threats and violence) have taken place in the elver fishery among fishers and toward fisheries officers, with some confrontations and violent incidents even posing an immediate threat to public safety and the management of this fishery.

Conservation and Protection and its enforcement partners have received numerous complaints about acts of violence, trespassing, property damage, weapons-related offences, organized crime, forcible confinement and other major risks to public safety.

Faced with these unique and complex enforcement challenges, my department dedicated more fisheries officers to the commercial elver fishery in 2023 than we did to any other commercial fishery.

We were pulling officers from other parts of the country to support our officers in the maritimes, and obviously this isn’t sustainable for so many reasons.

Ultimately, for the safety of our fisheries officers and the public, and for the sustainability of the species, the elver fishery was closed in 2023 through a ministerial fisheries management order.

This is the second time the fishery has been shut down in the past four years.

Over the past few years, the many discussions held between DFO, licence holders and other stakeholders have demonstrated the need to develop new tools and new approaches to effectively managing and controlling the elver fishery.

Without such changes, it is very likely that the 2024 season will follow the unacceptable trend observed in recent years.

Since the closure last year, my department has been working with industry, First Nations and other stakeholders to chart a path forward.

During this process, the changes that need to be made became clear, particularly, improved access for Indigenous communities, a new regulatory framework for governing and authorizing elver possession and exports, and a series of operational changes to the management of the elver fishery.

Many of the necessary changes are based on the adoption of new regulations, including the design and implementation of a new traceability system that will track elver movements.

While we have made a great deal of progress in all three of these areas, we’re not quite there yet. 

And for that reason, earlier today the Minister wrote to current licence holders including Indigenous organizations and First Nations, to share her view that it is not possible to have a safe and sustainable elver fishery in 2024, and therefore the fishery should not be opened. 

The Minister also invited licence holders to share any relevant comments they may have to help inform her final decision.  

Not opening the fishery this season would support law enforcement and conservation objectives in the near term, and allow for the design and implementation of regulations, management measures and traceability tools to better control illegal and unauthorized harvesting in future years.

Once this 10-day comment period is over, and all input has been considered, the Minister will make a decision on the fishery for 2024.

I am optimistic about what we can achieve through the cooperation of all those interested in this fishery, a combined focus on the conservation of this species, reconciliation, and a collective commitment to safe and orderly conduct.

B - Issue notes

B1 – Enforcement and Key Metrics

• The total annual budget of Conservation and Protection is approximately $153 million. This represents the funding for the full program, including enforcement activities.

• As of December 2023, the Department has 623 front line staff, which includes approximately 550 fishery officers, as well as frontline supervisors and managers. In addition, the Department has 265 personnel who directly support front-line enforcement through program support, policy development, training, and intelligence.

Question 1: What is the number of rivers in which elver are found and how many do fishery officers patrol?

• There are 194 rivers, streams, brooks in the region and all of these would be considered to be capable of having elver.
• Given the sheer size of the geographic area to be covered, it is not possible to patrol all rivers all of the time.
• Like many enforcement agencies, Conservation and Protection uses an intelligence-based approach to direct its resources to the areas of highest-risk.

Question 2: In 2023, how much enforcement capacity did the Department dedicate to the elver fishery? How does that compare to enforcement capacity in other fisheries?

• During the 2023 elver season, the Department dedicated significant resources to the elver fishery.

• During the season, all Maritimes region fishery officers were assigned duties related to the elver fishery and the Department further bolstered the Maritimes region’s capacity by bringing in fishery officers from other regions for support.
• While the elver fishery represents the most significant investment of enforcement resources in the region, it is a fishery that represents only two per cent of the region’s total landed value. By comparison, the commercial lobster fishery, which also has a host of compliance risks, represents 67 per cent of the region’s total landed value and spans all geographies in the region, yet fewer enforcement resources were allocated to that fishery in 2023.

Question 3: What was the total number of arrests and charges laid in relation to alleged offences in the elver fishery in 2023?

• There were a total of 107 arrests for alleged offences of the Fisheries Act and its regulations related to the elver fishery in 2023. To date, over 60 charges have been laid. Investigations are ongoing in relation to alleged offences and further charges may be laid as those investigations conclude.

Question 4: Since 2020, have there been any directions given to fishery officers to “observe, record, and report” only?

• Fishery officers protect and conserve fish and fish habitat. Their role is to ensure that those who participate in the fishery do so in accordance with the Fisheries Act. When they find non-compliance, including what may be unauthorized fishing, fishery officers gather evidence to determine whether an offence has been committed. Evidence can be gathered in many ways, including when officers observe, record and report on activities during patrols.
• Fishery officers always have discretion to take appropriate action based on the circumstances when they encounter non-compliance.

Reference

Conservation and Protection’s Budget by Region

(FY 2023-24)

Note: Salary funding is A-Base + B-Base funding.

Conservation and Protection Staffing by Region

(as of December 2023)

Total Number of Charges Laid

(all fisheries in the last three years)

Total Number of Convictions

(resulting from the prosecution of fisheries-related offences in the last three years)

Background

Conservation and Protection (C&P) is the Department’s enforcement program. It consists of a National Headquarters Directorate and each region has its own C&P Division and fishery officers.

Fishery officers operate on the water, from the air, on wharves and within communities, often those in which they live. They carry out a number of important functions, including compliance promotion, education and enforcement activities.

In the performance of their functions and the exercise of their enforcement powers, fishery officers must take into account a wide variety of factors, including conflicting views of harvesters engaged in regulated fishing activities, and avoiding unlawful infringement of Indigenous and treaty rights.

Fishery officers use their discretion to determine the most appropriate action to take when suspected violations are encountered, including by assessing the severity of an offence, the compliance history of an alleged offender, any aggravating or mitigating factors that may be present in the circumstances, and the anticipated effectiveness of the action in achieving compliance or preventing the continuation or recurrence of an offence, among other factors.

B2 – Collaboration with Federal Agencies, Provinces and Internationally

Enforcement

• Given the scale of unauthorized elver fishing and the related disputes between fishers arising from this activity, Conservation and Protection meets regularly with enforcement colleagues in preparation for the elver season.  Conservation and Protection regularly engages the Royal Canadian Mounted Police and other local police agencies of jurisdiction for fisheries matters impacting public and officer safety.
• The illegal market connected to this fishery indicates involvement of various levels of organized crime, both domestic and international. Therefore, officer safety planning and collaboration with the Royal Canadian Mounted Police and other federal and provincial regulatory enforcement partners is essential.
• Conservation and Protection also works closely with Canadian Border Services Agency on inspections and other enforcement activities related to the unauthorized export of elver.
• Nova Scotia’s Conservation Officer service and New Brunswick’s Justice and Public Safety department regularly provide support to Conservation and Protection in deterring and disrupting unauthorized harvest and sale of elver as resources and mandate permit.   
• Regular coordination meetings occur throughout the season to ensure partners are situationally and operationally aware.

Question 1: How is Conservation and Protection working with federal and provincial partners in conducting fisheries enforcement?

• Conservation and Protection and National Fisheries Intelligence Service have liaised with our enforcement partners; Royal Canadian Mounted Police, Canada Border Services Agency, the provinces of Nova Scotia and New Brunswick and local police of jurisdiction to confirm operational intent and info/intel-sharing mechanisms.
• All partners indicate that they stand by ready to support Conservation and Protection as resources and mandates permit.

Question 2: The Committee understands that the Public Prosecution Service of Canada is not proceeding with prosecution of offences related to unauthorized elver harvesting – can the Department explain why?

• The Public Prosecution Service of Canada is a national independent and and accountable prosecuting authority which is responsible for initiating and conducting federal prosecutions
• Any questions related to the Public Prosecution Service of Canada’s decisions pertaining to elver or other enforcement files should be directed to them. 

Question 3: Does the Public Prosecution Service of Canada influence DFO’s willingness to charge Indigenous individuals found to be fishing illegally for elver as has been referenced recently in media?

• The Department disagrees with the characterization of comments attributed to our representatives as recently reported in the media.
• Fishery officers do not receive direction on enforcement from Public Prosecution Service of Canada, the Minister of Fisheries and Oceans Canada, senior departmental executives, industry, or Indigenous groups. The Department has and will continue to place a high priority on compliance and enforcement in this fishery.
• A clear illustration of that is that the Maritimes Region dedicated more fishery officer capacity in 2023 to the commercial elver fishery than any other commercial fishery and these resources were augmented by fishery officers from other regions.

Question 4: Have Fishery Officers done everything they can to support enforcement in this fishery?

• In the few weeks preceding the closure of the 2023 commercial elver fishery, Fishery Officers conducted well over 700 patrols of rivers where elver fishing was observed.

• This work did not result in a small number of arrests. Specially, 107 individuals were arrested and our officers completed over 370 seizures of gear and assets – including 14 vehicles and vessels.

• DFO has laid 60 charges to date for violations of the Fisheries Act and associated regulations related to the unauthorized harvest of elver in 2023 as a result of the work of our Fishery Officers and additional files are pending.

• In recent years, conflict on the water has sadly escalated to threats and acts of violence and the safety of harvesters, the public and our officers was at risk.
• Our officers live and work in the communities where elver fishing occurs and I trust that the Committee can appreciate they have a professional and personal interest and doing everything they can within the scope of their roles and authorities to support the proper management and control of the fishery. 

Background

The geographic scope of this fishery presents a significant challenge to enforcement due to the wide area that FOs must cover while on patrol and competing operational priorities that stretch Conservation and Protection (C&P) capacity in the region. C&P Maritimes has hosted FOs from other regions to attempt to overcome some of the capacity challenges.

Unauthorized harvesting and unauthorized sale of elver has steadily increased in recent years. The illegal sale/purchase of this product is known to be occurring on a large scale, destined for Asian markets through intermediate exit points across eastern Canada, mostly shipped by air. In addition, the transportation of elver across US/Canada land borders has been detected.

The illegal market connected to this fishery indicates involvement of various levels of organized crime, both domestic and international. Therefore, officer safety planning and collaboration with the RCMP and other federal and provincial regulatory enforcement partners is essential.

Over the last several years, C&P has worked with our enforcement partners (RCMP, CBSA, NS, NB, local police of jurisdiction, etc.) to share information and support overall enforcement efforts.  Building on that work, a Response Team has been established this year in order to continue to support regional coordination of resources and expertise at the tactical level.

B3 – Commercial Elvers Fishery

• The commercial elver fishery has grown exponentially in value over the past decade and has substantially lower entry costs compared to other fisheries.

• This fishery presents a unique opportunity to assess the distribution of benefits and increase Indigenous participation in commercial fisheries. 

• As part of our ongoing commitment to sustainable, orderly, and safe fisheries for all participants, the Department is actively assessing measures to address compliance challenges.

• This includes consultation and engagement to address management concerns as well as the development of proposed regulations to enhance monitoring of elvers throughout the supply chain to the point of export from Canada.

Question 1: What is the management review covering?

• The review is being undertaken by departmental officials and is considering most elements of the integrated fisheries management plan, to determine the conditions for a manageable and controllable elver fishery, including strengthening the regulatory controls for harvesting and handling elvers for the purpose of trade to control the regulation of elvers from the time they are harvested in Canada to the point of export.

• Elements of the review include assessments of:
  • the development of regulations;
  • the current approach to governance and management;
  • the management of the fishery in other jurisdictions;
  • how regulatory changes can improve management of elver possession and trace elvers from harvest to export;
  • potential changes to conditions of licence to manage increasing participants in the fishery;
  • current and new potential tools to monitor the fishery

Question 2: How is the Department addressing access to this fishery?

• A broader review of the elver fishery includes an assessment of the distribution of benefits in this fishery with a focus on addressing First Nation interests and increasing Indigenous access to the fishery.

Question 3: Will a review of the fishery be completed and changes made ahead of a fishery in 2024?

• Much of the content required and the processes to implement changes to access and new regulatory approaches are dependent on external parties, but the Department will make every effort to complete the review and provide recommendations to the Minister ahead of the opening of the 2024 season, which is typically in March.
• Changes to the approach to managing the fishery will also be brought to the Regional Director General in advance of a potential 2024 season opening.

Question 4: Why did the Department not offer compensation for the quota reduced from licences? Is this being considered for any changes to access in this fishery?

• The willing buyer-willing seller approach is one approach available to obtain access for rights-based fishing.
• As needed and depending on the fishery, the Department will consider alternate access mechanisms.
• Decisions on what changes will be made and how they will be implemented are still under review.

Question 5: Why did the Department close the fishery last season?

• The scale of unreported fishing posed a risk to the conservation of the American eel stock and the level of violence and threats impeded the orderly management and control of the fishery.
• The rise in elver fishing activity resulted in increased concurrent fishing from commercial and non-commercial eels harvesters on rivers, which caused disputes between harvesters that required Conservation and Protection officials and local police to intervene.
• Closing the elver fishery via a Fisheries Management Order was a required and prudent response to address these risks last season.

Question 6: Has the Department considered the possibility of converting eel licences to elver licences?

• Any changes to access in this fishery will need to fit within conservation objectives, the broader proposed changes to traceability, ensuring proper management and control of the fishery, and reconciliation priorities.

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 substantially 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. The 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.

Due to the ease of harvesting, high value of the fishery, and the limited current extent of access held by First Nations, there is considerable risk of ongoing assertion of rights and unauthorized fishing by Indigenous communities in the Region and First Nations from various Provinces and States impacting conservation and orderly management. 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 2023as a result of significant fishing activity outside the commercial elver fishery by both Indigenous and non-Indigenous harvesters, the Minister issued a Fisheries Management Order to close the fishery.

Unauthorized harvest of elvers and resulting violence or treats of violence poses a significant safety concern for both harvesters and fishery officers and the public. DFO received numerous complaints of disputes between harvesters and responded to incidences of fishing gear tampering, situations involving threats to harvesters and fishery officers and intimidation to the public, including vandalism of property.

B4 – Unauthorized Fishing in Nova Scotia

• The Department’s primary focus is to ensure the sustainability and orderly management of fisheries.

• Our fishery officers enforce the Fisheries Act, and that includes taking enforcement action when individuals are harvesting without a Fisheries and Oceans Canada issued authorization.

• Our officers work with the Royal Canadian Mounted Police or police of jurisdiction when violations, that go beyond Conservation and Protection’s legal authorities, are identified.

• Fishery officers will continue to monitor compliance with, and enforce, the Fisheries Act.

Question 1: What is the Department doing about unauthorized fishing in Nova Scotia?

• All fishing activity is subject to compliance verification by Fishery Officers of the Department. Officers conduct inspections across all fisheries regulated by the Department, including commercial, recreational, and Indigenous fisheries.
• Fishing activity occurring without the required authorization, or licence, or not in compliance with conditions of the authorization or the licence are subject to enforcement action.
• As we do in all fisheries, our fishery officers are verifying gear for compliance, monitoring activities on and off the water and, where warranted, seizing gear and catch, and laying charges for violations under the Fisheries Act.

Question 2: What enforcement tactics does Conservation and Protection employ in Nova Scotia?

• Fishery officers have a range of monitoring and compliance tactics that they can use - on and off the water.
• Like any other law enforcement agency, the Department does not discuss the strategies and tactics publicly, as doing so could compromise ongoing activities and any ensuing investigations that may be undertaken.
• The Department urges everyone to respect the law and to respect each other.
• The Department continues to work with our partners in law enforcement to promote a peaceful fishery.

Background

DFO is committed to providing for a safe, orderly and sustainable fisheries  for all participants. We firmly believe that respectful, constructive dialogue is the way to achieve this.

DFO continues to work with all those involved in elver fishery –Indigenous and non-Indigenous - to responsibly manage this socially, historically and economically important species.

DFO is working with the RCMP to monitor and address any illegal activity including harassment and violence. 

We will continue to take action whenever unauthorized harvesting and other violations under the Fisheries Act are observed, while supporting the exercise of Indigenous fishing rights. 

B5 – CESD Report: Monitoring Fisheries Catch

• The Department is committed to responsibly managing Canada’s fisheries to promote healthy fish stocks and ecosystem productivity.

• We are accelerating work on implementing the Fishery Monitoring Policy, modernizing fisheries information management systems, reviewing the third-party observer programs, and developing a roles and responsibilities framework for third-party monitoring programs.

• Many actions are already underway to address the recommendations in the Commissioner of the Environment and Sustainable Development’s 2023 report, and others will be rolled out over the next five years to ensure the Department sustainably manages the harvesting of commercial marine fisheries for future generations.

Question 1: Why hasn’t the Department been able to implement the Fishery Monitoring Policy?

• Our government has invested $30.9 million over 5 years, with   $5.1 million ongoing, to implement the Fishery Monitoring Policy. This is the first time the policy has received dedicated funding.
• The Department is committed to accelerating the implementation of the policy and is now recruiting the necessary staff to ensure fisheries are producing dependable, timely, and accessible catch information that can be used to inform management action.
• To maximize the available funding, Fisheries and Oceans has prioritized a set of stocks, for example, stocks that are high profile, tied to objectives or measures identified in rebuilding plans, known keystones in the ecosystem, etc. Implementation of the Policy on these stocks is currently underway.

Question 2: How is the Department ensuring its fisheries information systems are modernized in a timely manner?

• The Department is working on developing an accelerated delivery plan for the Canadian Fisheries Information System to speed up the availability of key data collection and information management capabilities for fisheries monitoring.
• Modernized Information Technology capabilities that support catch monitoring decisions, such as the expansion of Electronic Logbook coverage, will be delivered incrementally, and completed by 2027.

Question 3: What is the Department doing to review its third-party observer programs and the ability of the programs to deliver catch monitoring information as required? 

• The Department will continue the review of the third-party monitoring program, which includes the At-Sea Observer and Dockside Monitoring programs.
• This review will attempt to identify any regulatory or program delivery model gaps that prevent the Department and third party monitoring companies from collaboratively achieving the efficient and effective monitoring of fish stocks.
• Specific steps taken during the review will include, formally aligning the At-Sea Observer and Dockside Monitoring program policies, strengthening the conflict of interest management protocols, and the establishment of an internal working group.
• In addition to the review, The Department will explore the feasibility of a nationally consistent approach to integration and submission of electronic data by third-party monitoring companies. This will increase access to and confidence in data used to make fisheries management decisions. 

Background

The Commissioner of the Environment and Sustainable Development (CESD) Performance Audit “Monitoring of Marine Fisheries Catch” focuses on whether Fisheries and Oceans Canada (DFO) obtained dependable and timely fisheries catch monitoring information and whether the Department used that information in support of its decisions to sustainably manage the harvesting of commercial marine fisheries.

Overall, the report found that DFO remained unable to collect dependable and timely data and provided four recommendations to DFO. These recommendations include streamlining the implementation of the Fishery Monitoring Policy, expediting the implementation of an integrated national fisheries information system, completing the review of third-party observer programs, and developing and implementing a nationally consistent procedure for systematically tracking whether third-party observers deliver fisheries catch monitoring information as required in terms of coverage, timeliness, and data quality.

DFO agrees with the recommendations of the Performance Audit and continues to make improvements to the management of our fisheries based on the best available scientific evidence.

B6 – Peace on the Water Report (Senate)

• The Department’s primary focus is to ensure a safe, orderly and sustainable fishery.

• We remain firmly committed to working with Treaty Nations to further implement their fishing rights.

• There is no one-size-fits-all approach to rights implementation. The Government of Canada will continue to engage Indigenous communities to better implement their vision for their fisheries, and to ensure a safe and sustainable fishery for the benefit of all.

• These efforts will also align with Canada’s Action Plan to implement the United Nations Declaration on the Rights of Indigenous Peoples Act.

Question 1: How will the Government ensure that Indigenous peoples have the fishing licences (“access”) needed to exercise their rights? 

• Since 2000, Fisheries and Oceans Canada has provided over $630 million in access and training to increase and diversify Indigenous participation in the fishery in Eastern Canada.
• The willing buyer-willing seller approach remains the Department’s preferred approach to obtain access for rights-based fishing.
• The Department acknowledges that a lack of willing sellers at market value cannot be an impediment to implementing rights-based fishing.
• As needed, the Department will consider alternate access mechanisms to support rights-based fishing.

Question 2: Why should Fisheries and Oceans Canada oversee the implementation of fishing rights, and not Crown-Indigenous Relations and Northern Affairs Canada?

• Fisheries and Oceans Canada works closely with other departments to advance a whole-of-government approach to rights implementation. This includes working on an ongoing basis with Crown-Indigenous Relations and Northern Affairs Canada.
• The Department’s regulation of rights-based fisheries is consistent with the statutory powers and duties under the Fisheries Act. As regulator of the resource, the Minister is responsible for overseeing the complex fisheries conservation regime.

Question 3: Will the Department commit to using section 4.1 of the Fisheries Act to enter into collaborative fisheries agreements with Treaty Nations?

• The Department is actively working with Treaty Nations to enhance existing tools and agreements to better deliver on the collaborative design, development, and delivery of fisheries management.
• These ongoing collaborative efforts will ensure the sustainable use of fishery resources, which is a shared priority for the Government of Canada and all who make a living from Canada’s fisheries in coastal communities, including Indigenous Peoples.

Question 4: What is being done to ensure that Indigenous fish harvesters can safely and meaningfully exercise their fishing rights?

• It is a priority that all fish harvesters are safe and supported.
• This is why, in accordance with the Government of Canada’s Action Plan to implement the United Nations Declaration on the Rights of Indigenous Peoples Act, DFO will establish mechanisms and processes to address systemic racism in the enforcement of fisheries laws and regulations.

• To rebuild trust between Indigenous and non-Indigenous fish harvesters, we are also exploring ways to foster respectful, constructive dialogue regarding rights-based fisheries and the importance of reconciliation.

Background

On February 24, 2023, the government issued its response to the Standing Senate Committee on Fisheries and Oceans (POFO) report entitled “Peace on the Water: Advancing the Full Implementation of Mi’kmaq, Wolastoqiyik and Peskotomuhkati Rights-Based Fisheries” (the Report).

The Report was tabled in the Senate on September 27, 2022. It examines the federal government’s response to the 1999 Marshall decisions by the Supreme Court of Canada and the implementation of the rights of 34 Mi’kmaq and Wolastoqiyik First Nations in the Maritime Provinces and the Gaspé region of Quebec, and the Peskotomuhkati Nation at Skutik (“Treaty Nations”), to fish in pursuit of a moderate livelihood. The Report examines past policy responses and nation-to-nation agreements, concluding that Fisheries and Oceans Canada (DFO) has not fully implemented rights-based fisheries for these Treaty Nations.

The Report presents ten recommendations for DFO, Crown-Indigenous Relations and Northern Affairs Canada, and the Royal Canadian Mounted Police, including to directly reallocate fishing licences to Treaty Nations, to increase anti-racism and rights-based fishing education efforts, and to incorporate Indigenous knowledge into collaborative fisheries management decisions. 

Between March and June 2023, the Senate Committee held six meetings with experts and witnesses from various backgrounds to study the Government Response. Some Treaty Nation representatives criticized the Government Response for a perceived lack of willingness to change fisheries-related regulations, policies, legislation, or programs to fulfill Canada’s obligations. DFO continues to implement rights-based fishing through an array of programming and nation-to-nation understandings and agreements. However, the right to fish in pursuit of a moderate livelihood is not frozen in time and requires ongoing implementation and adjustment over time. Work is ongoing in this regard.

As per section 4.1 of the Fisheries Act, the Minister may enter into an agreement with a province, or an Indigenous governing body established under a land claims agreement to facilitate cooperation between the parties; reduce overlap between their respective programs; facilitate enhanced communication between the parties; and facilitate public consultation. [Information was severed in accordance with the Access to Information Act.]

On June 21, 2023, the Department of Justice released Canada’s Action Plan to implement the United Nations Declaration on the Rights of Indigenous Peoples Act. All Ministers have been directed to implement the Action Plan and to work in partnership with Indigenous Peoples to advance their rights. DFO is leading on eleven Action Plan measures. Of note, Action Plan item #36 involves pursuing amendments and reforms to fisheries legislation, regulation or policies to support self-determination and meaningful implementation and exercise of Indigenous fishing rights. Efforts to implement Action Plan item #36 will align with recommendation #1 made by the Senate Committee in its report.

B7 – Indigenous Moderate Livelihood Fishing

• Our government is committed to advancing reconciliation, and renewing the relationship with Indigenous peoples, based on the recognition of rights, respect, cooperation and partnership.

• Through an array of collaborative arrangements and nation-to-nation agreements, my Department works with Treaty Nations to uphold treaty rights and protect fishery resources for the benefit of all.

• DFO programs have enabled benefits to communities of over $170 million in annual landings and over $100 million in secondary economic benefits.

• Our goal is to have fisheries that are peaceful, productive, and prosperous, that uphold the Marshall decisions, and ensure that Treaty Nations are able to exercise their rights in a way that is reflective of their visions and needs.

Question 1: How will the Government ensure that Indigenous peoples have the fishing licences (“access”) needed to exercise their rights? 

• Since 2000, Fisheries and Oceans Canada has provided over $630 million in access and training to increase and diversify Indigenous participation in the fishery in Eastern Canada.
• The willing buyer-willing seller approach remains the Department’s preferred approach to obtain access for rights-based fishing.
• The Department acknowledges that a lack of willing sellers at market value cannot be an impediment to implementing rights-based fishing.
• As needed, the Department will consider alternate access mechanisms to support rights-based fishing.

Background

In 1999, the Supreme Court of Canada formally recognized the treaty right to hunt and fish for a moderate livelihood to 34 Mi’kmaq and Wolastoqiyik First Nations in New Brunswick, Prince Edward Island, Nova Scotia, and the Gaspé, Region of Quebec, as well as the Peskotomuhkati Nation at Skutik in New Brunswick (collectively referred to as “Treaty Nations”).

Over the past 24 years, DFO has provided Treaty Nations over $630 million in funding for fishing licences, vessels, gear and training to help increase and diversify participation in commercial fisheries.

In 2017, DFO launched the Rights Reconciliation Agreements (RRA) process with Treaty Nations, with a mandate to negotiate enhanced fisheries collaborative management, fisheries governance and increased fisheries access, all while recognizing but not defining the Moderate Livelihood right.

The RRA mandate expired in April 2023, with DFO concluding seven RRAs with 15 Treaty Nations (40 per cent of the total Treaty communities’ population).

In 2021, a new pathway to moderate livelihood rights implementation was announced through the development of Moderate Livelihood Fishing Plans (MLFPs). MLFPs are conducted within established commercial seasons, include other restrictions similar to those of regular commercial licences, and are harvested exclusively by community members for their own benefit. Of note, these are understandings, not agreements. To date, since 2021, 16 understandings with 15 Treaty communities have been reached.

DFO is working on a new path to best support Treaty Nations’ capacity to participate in fisheries, which has been informed by the lessons learned in nation-to-nation dialogue since 2017. There are several active litigations related to the Treaty right, including a claim by a Treaty Nation challenging DFO’s implementation of the right, and a judicial review by an industry group challenging the legality of one of the RRAs.

The Department continues to have regular and frequent meetings at various levels with non-Indigenous fishing industry stakeholders to answer questions about moderate livelihood fishing. However, non-Indigenous industry remains critical of being excluded from discussions with Treaty Nations and lack of transparency regarding Canada’s long-term approach to rights-based fishing.

B8 – Regulatory Process

• DFO is considering a new enforcement framework for the elver fishery that would be founded on proposed new Governor in Council (GiC) regulations made under the Fisheries Act. Once approved by the GiC and brought into the force, the new regulations would introduce new baseline licensing requirements for the possession and export of elver within and from Canada, and enable the Department to utilize a more robust range of delegated instruments (e.g., conditions of licence) to better manage the fishery and control the full extent of the elver supply chain.

• As the Committee may be aware, such proposals are subject to the Cabinet Directive on Regulation as well as other legislated and policy requirements. These include, among a range of other things, a requirement to consult with interested and impacted stakeholders and Indigenous Peoples. In addition, proposed regulations must be accompanied by a full accounting of their anticipated impacts on stakeholders.

• To date, DFO has engaged with First Nations, fish harvesters, other levels of government, other federal government departments (OGDs) and Canadians on the proposed elvers regulations. [Information was severed in accordance with the Access to Information Act.]

Question 1: Why are the regulations taking longer to bring into force than expected?

• Based on the feedback received to date through our consultations with First Nations and industry players, we have determined that further examination is needed to ensure an orderly transition to the proposed new licensing and enforcement approach, and to refine a proposal that meets the requirements of the Cabinet Directive.

Question 2: Who has the Department consulted?

• At the national level, on December 8, 2023, DFO launched a webpage to provide Canadians with information about the proposed regulations and seek their feedback.
• Over the course of the past several months, targeted consultations and engagements have been undertaken with Indigenous Peoples and communities, the industry, other implicated federal departments and other levels of government.

Background

Under the Cabinet Directive on Regulation, “Departments and agencies must conduct a Regulatory Impact Analysis (RIA) on all regulatory proposals, to support stakeholder engagement and evidence-based decision-making. In conducting a RIA, departments and agencies will comply with relevant acts, regulations, and Treasury Board policies, and adhere to guidance, tools, and directives.”

The Cabinet Directive also emphasizes that “engagement with stakeholders, including Indigenous peoples, on a regulatory proposal should be viewed as an ongoing dialogue, with consultations before pre-publication identified as an important, but not the sole, tool to seek stakeholder input.

To date, DFO has engaged with First Nations, fish harvesters, other levels of government, other federal government departments (OGDs) and Canadians on the proposed elvers regulations.

C - Questions and Answers

C9 – Management Measures for the Elver Fishery

• Each licence holder is limited to fishing within a set of specified rivers and streams which are unique to that licence holder. 

• Each licence specifies a non-transferable individual quota that can be harvested, and caps on the amount that can be taken from any individual river. 

• In addition, there are a host of management measures which have been developed. These input controls include the gear type, size, and number, the waterbodies in which fishing is permitted, fishing locations within waterbodies and the number of persons permitted to fish under a licence. 

Are there really conservation concerns?

• Yes. American eel are considered to be a single population, and there has been concern about the conservation status of eels in Canada, particularly in Quebec and Ontario, for many years.
• In 2006, the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) recommended that the American Eel be listed as Special Concern under the Species at Risk Act.
• COSEWIC reassessed the species in 2012 and recommended that American Eel be listed as Threatened under SARA (COSEWIC 2012).
• Listing advice is currently being finalized by the Department.
• While some recent returns to the science index river in East Chester, NS show returns above the long-term average. Sadly, this is still not observed to be translating into increases in large eel abundance – which is critical to supporting the health of the population.

• As a result, continuing to closely manage removals from the commercial elver fishery is critical to ensure adequate escapement of juveniles from the fishery to support later life stages and rebuilding of the population as a whole.
• A number of jurisdictions have prohibited the fishing of elvers, or baby eels, such as Norway and Ireland.
• Others continue to the face many of the same challenges as Canada.
• Last year, enforcement officials in Spain and France worked to break up an international eel smuggling operation resulting in 27 arrests.
• DFO continues to work closely with colleagues in the State of Maine who also face continued challenge and have worked for several years to make improvement in their management regime through the establish of a traceability system that we are looking to build one to support better management in Canada.

C10 – Indigenous Access and Allocation Consderations

Why is the elver fishery important to Indigenous communities?

• American eel is economically, socially, and culturally important to Indigenous people of Eastern Canada.
• The harvesting of eels was the subject of the 1999 Supreme Court of Canada Marshall decisions, where the Court affirmed a treaty right to hunt, fish, and gather and sell the products in pursuit of a “moderate livelihood” arising out of Peace and Friendship Treaties of 1760 and 1761.
• Harvesting elvers requires no vessel and less gear than traditional fisheries and has low equipment costs.  First Nation communities see this fishery as an opportunity to exercise their right to pursue a moderate livelihood.
• To date, some First Nations have supported community members to fish elver as an assertion of Aboriginal rights to self-determination and Treaty rights to pursue a moderate livelihood.

What access have you provided to Indigenous communities to date?

• In the lead up to the 2022 elver fishery, DFO began to engage First Nations regarding their interest in the elver fishery. 
• As a result, in 2022 and 2023, DFO worked with First Nations on the development of elver harvest management plans and provided access to First Nations on an interim basis to support the Department's objective of increasing Indigenous participation in the elver fishery. 
• In 2022, based on the submission of fully developed community fishing plans and subsequent consultation and negotiation, Acadia, Annapolis Valley, and Bear River First Nations received 400kg for the Kespukwitk territory in Southwest Nova Scotia and the six First Nations that make up the Wolastoqey Nations of New Brunswick received 200kg. 
• In 2023, based on a continued increase in interest, the Kespukwitk communities added Glooscap First Nation and received 450kg and the Wolastoqey communities received 750kg. 
• When combined with the communal commercial licence allocation already held by one First Nation (We’koqma’q First Nation) this represents access of approximately 25 per cent of the Total Allowable Catch for elvers.
• However, this has not been adequate to respond to the expressed interests of First Nations in the area.
• Limited available access has hindered our ability to advance reconciliation with First Nations interested in gaining additional access to commercial fisheries, and some First Nations are pursuing fishing without DFO authorization to gain benefit from this fishery.

Why are you not using the stated preference of a willing-buyer willing-seller approach to provide access to Indigenous groups?

• The Minister issues commercial licences on an annual basis and access is provided to a limited number of entrants which does not constitute ownership on their part. Therefore, the Minister retains the authority to make decisions on what access is provided. The preferred approach is willing buyer willing seller but that is not the only approach. In the case of elvers, this is a unique fishery as the value of elvers is high and the capital investment and operating costs are negligible compared to vessel-based, gear-intensive fisheries. Furthermore, the harvest can be achieved over the course of a few weeks.
• Benefits from the fishery are concentrated to a small number of licence holders despite the low operating costs and dramatic increase in value.
• In both the 2022 and 2023 elver fishery seasons the Department approved interim redistributions of 1,200 kilograms of elver quota without compensation to existing impacted licence holders in support of increased Indigenous participation.

Are there other factors compelling the Department’s actions and decision-making to date with respect to access and allocations in the elver fishery?

• With the adoption of the amended Fisheries Act in 2019, there are factors for consideration when determining access and allocations in the legislation.
• Specifically, section 2.5 of the Fisheries Act indicates that the Minister may consider factors such as Indigenous knowledge, community knowledge, social, economic, and cultural factors in the management of fisheries when making fisheries management decisions.
• Similarly, section 2.4 requires that the Minister consider any adverse effects that decisions may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.

What is the current request for access for the fishery by Indigenous groups?

• To date, 22 First Nation communities in New Brunswick and Nova Scotia have expressed interest in the fishery.

What has DFO done to consult and engage with FNs in access and allocation discussions?

• The Department recognizes that there is a need to implement measures for the elver fishery to increase the flow of socio-economic benefits to First Nations as a means to advance reconciliation and manage this fishery sustainably.
• In 2023, DFO launched a management review of this fishery with a view to ensure that the fishery is meeting its management and sustainability objectives.
• First Nation communities in both Nova Scotia and New Brunswick have been consulted on numerous occasions as part of this review process and to hear views on their communities’ aspirations for this fishery.

What are the Department’s obligations with respect to providing access to this fishery?

• The Department’s objective is to further advance the implementation of the Marshall decision and support Indigenous community aspirations to pursue fishing opportunities.
• Unlike other high value fisheries like inshore lobster, the elver fishery, with a minimal per-fisher capital investment and high economic value, presents a unique opportunity to address these challenges and meaningfully advance reconciliation through a redistribution of commercial elver fishery access to First Nations.

C11 – Enforcement Context

The Nature of the Fishery

• The enforcement challenges with the elver fishery are extremely unique from both a domestic and international perspective.
• Harvesting of elver is conducted at over 200 rivers in our region, at night and often in isolated places that are not easily accessed by vehicle. 
• There are few barriers to entry such as costs for training, vessels, or gear and the vast supply chains following the point of harvest are extremely intricate.

Exponential increase in activity

• The unauthorized harvesting and sale of elver has increased exponentially in recent years.
• In 2020 and 2023, the combination of authorized and unauthorized commercial fishing exceeded the Total Allowable Catch (TAC) for the fishery and incidents of violence, trespassing and threats presented significant threats to the proper management and control of the fishery, to public safety and to the conservation and protection of the species.
• As a result emergency FMOs were issued in these years to close the fishery.

Why is it easier to enforce a closed elver fishery?

Supply Chain

• When the fishery is open, there are legal elvers in the supply chain, creating higher risk that unauthorized catch can be laundered together with the authorized catch.
• Export paperwork for elver can be forged or falsified, and if the fishery opens there is opportunity for individuals to move elver caught without an authorization with forged or false paperwork labeling the elver as authorized. If the fishery is not opened, this avenue does not exist as there would be no authorized Maritimes-harvested elver exported.

Prosecution

• Fisheries closed to support conservation, orderly management and public safety provide a very strong argument when considering prosecution of offences.

Visibility (non-compliance)

• Where there is no authorized fishing activity permitted, the presence of unauthorized activity on the rivers and in holding facilities is easier to detect

Tensions

• A fishery closure reduces the volatility observed between authorized and non-authorized harvesters who may encounter one another on the river.

International drivers

• Domestic challenges have been exacerbated as multiple countries have listed their species of eel as endangered and closed to harvest. As a result, the drive to export eel/elvers from North America has grown exponentially.
• Given the potential profit, the legal North American elver fishery is also being used as a way to launder elver caught from countries with fewer controls. This is done by mixing them with both legal and illegally harvested eel.

Mandate, Role and Authorities of Fishery Officers

• Fishery Officers have the mandate and authority to manage fisheries-related offences associated with harvesting up to the first point of sale.
• It is important to note that although public safety offences, such as violent incidents, assaults, threats with weapons, intimidation, and trespassing have occurred in relation to elver harvesting, FOs do not have the legal mandate nor authority to address these offences, other than with respect to obstruction or hindering of a fishery officer who is carrying out duties or functions under the Fisheries Act.
• The investigation of criminal offences, other than those related to the Fisheries Act, are within the mandate and responsibility of the local police of jurisdiction.

Regulatory gaps

• The current regulations that govern the harvest, purchase, sale, and export of seafood involve multiple different federal and provincial government departments, and are of limited use in the enforcement effort against the unauthorized elver trade.
• For example, within regulations under the Fisheries Act, there are none that govern the sale of elver beyond the first sale from the harvester to a buyer.
• Elver is often sold multiple times prior to export, leaving a gap in DFO’s ability to determine whether elver can be traced back to an authorized harvester and authorized for export from Canada.
• As well, elver is exported not as seafood (meaning that it falls outside the normal Canadian Food Inspection Agency (CFIA) regulations governing the safety and sustainability of Canada’s seafood exports).

What priority has the Department placed on this fishery?

• The Department has increased its enforcement posture over the last few years in response to mounting compliance risks in the commercial elver fishery.
• To emphasize the relative priority established for this work, while the elver fishery represents the most significant investment of enforcement resources in the region, it is a fishery that represents 2% of our total landed value.
• Over the coming months, the deterrence and disruption of unauthorized harvest, sale and export of elver will be the priority for C&P operations in the Maritimes Region.

Have Fishery Officers done everything they can to support enforcement in this fishery?

• In the few weeks preceding the closure of the 2023 commercial elver fishery, Fishery Officers conducted well over 700 patrols of rivers where elver fishing was observed.
• Specifically, 107 individuals were arrested and our officers completed over 370 seizures of gear and assets – including 14 vehicles and vessels.
• DFO has laid 60 charges to date for violations of the Fisheries Act and associated regulations related to the unauthorized harvest of elver in 2023 as a result of the work of our Fishery Officers and additional files are pending.
• In recent years, conflict on the water has sadly escalated to threats and acts of violence and the safety of harvesters, the public and our officers was at risk.
• Our officers live and work in the communities where elver fishing occurs and I trust that the Committee can appreciate they have a professional and personal interest and doing everything they can within the scope of their roles and authorities to support the proper management and control of the fishery.  

The Committee understands that PPSC is not proceeding with prosecution of offences related to unauthorized elver harvesting – can DFO explain why?

• The Public Prosecution Service of Canada (PPSC) is a national, independent and accountable prosecuting authority which is responsible for initiating and conducting federal prosecutions.
• Any questions related to PPSC decisions pertaining to elver or other enforcement files should be directed to PPSC.

Does C&P plan to dedicate significant capacity to this fishery?

• Over the coming months, elver enforcement will be the priority for C&P operations in the Maritimes Region.

• C&P will carefully balance this priority with other pressing operations including CSSP to mitigate risks of shellfish harvesting to human health, compliance monitoring for Canada’s largest lobster fishery, etc.

• Fishery Officers support will also be obtained from other regions to support on the ground operations within the Maritimes and at other key points of exit.
• While the Department is working to re-assign as much capacity as possible, there are approximately 550 Fishery Officers to cover all three coasts and the department will work to carefully balance its priority on elver enforcement in the Maritimes with broader enforcement priorities (i.e. Operation North Pacific Guard, Gulf Snow Crab, etc.)

What is DFO doing to build on it’s efforts from previous years?

• Notwithstanding the significant enforcement challenges facing this fishery, C&P continues to take incremental steps to refine its enforcement posture where possible.

Coordination with Partners

• Over the last several years, C&P has worked with our enforcement partners (RCMP, CBSA, NS, NB, local police of jurisdiction, etc.) to share information and support overall enforcement efforts.
• Building on that work, a Response Team has been established this year in order to continue to support regional coordination of resources and expertise at the tactical level.

Intel and Information Sharing

• Intel and Information sharing is critical in supporting a whole-of-government enforcement response around this fishery.
• Regional C&P and NFIS will meet regularly to assess the elver situation and determine priorities for enforcement, informed by intel gathered by officers on the ground, as well as shared by partners and stakeholders (including RCMP, CBSA, NS/NB and C&P colleagues in other regions).
• DFO has intel-sharing agreements with RCMP and CBSA and info/intel-sharing has been streamlined.
• Regular coordination meetings will occur throughout the season with all partners to ensure all are up to speed on the current situation and operations.
• C&P will prioritize enforcement where intelligence and information indicate the most effective results can be achieved.

CBSA has testified before this committee that no elver were seized at points of exit from Canada last year. Can you comment?

• Conservation and Protection is working to conclude a number of active investigations and I can confirm that Fishery Officers worked collaboratively with enforcement colleagues, including CBSA, across multiple enforcement organizations during the last season.
• While I cannot comment on the specific enforcement posture of the Canada Border Services Agency, senior CBSA officials have been clear, including during a recent call with members of the CCSEF on January 22, 2024, that Fishery Officers have worked with their officials and bulletins were issued to their CBSA officers based on information provided by Fisheries and Oceans Canada.

Without sharing specific details, how will operations be structured this year?

• Like any enforcement organization, DFO does not share specific details of its enforcement plans or tactics.
• Enforcement operations to deter and disrupt the unauthorized harvest, sale and export of elver in 2024 will have three broad lines of effort:

• Line of Effort 1 - an Area-led, at-river and holding facilities compliance monitoring and enforcement effort;
• Line of Effort 2 - a compliance monitoring and enforcement effort targeting exporters of elver and exit points within the Maritimes Region; and
• Line of Effort 3 - a compliance monitoring and enforcement effort targeting exporters of elver and exit points outside the region.

Despite the Department’s efforts, more clearly needs to be done. What is DFO doing in that regard?

• While enforcement is critically important in any fishery, the Department knows that substantive changes also need to be made in how the fishery is managed.
• As a result, the Department, as a whole, is working to review its management regime for the commercial elver fishery.
• Departmental officials, working with central agency colleagues, are working to advance three key areas of work:

• Enhancing access for Indigenous communities;
• Establishing new regulatory requirements to help better manage possession and export; and,
• Developing the necessary management and traceability systems and tools.

• The department has been clear that all three of these deliverables are all necessary to provide a reasonable opportunity to build a sustainable, safe, orderly and well-managed fishery moving forward.

C12 – Traceability System

• In order to support a safe re-opening of the Elver fisheries, the Department is developing a digital platform that will facilitate the monitoring of Elvers throughout the supply chain, up to the point of export from Canada.
• This system is required to ensure the safe, fair, and efficient management of Elvers fisheries.
• This system will provide an improved approach to the timely and ongoing assessment of fisheries activities. 
• DFO has engaged with the industry to ensure full transparency and that the end-state solution meets the needs of all stakeholders.

Question 1: Why is a traceability system required?

• Ensures timely information is available for management, enforcement, and compliance to regulations.
• Detect and deter the laundering of illegally and foreign caught Elvers in the legal supply chain.
• Provides adequate information to monitor the long-term sustainability of the Elver fishery and support further policy development.

Question 2: Why is the traceability system not already in place?

• Consultations on regulations are ongoing and the development of the system needs to be in step with the drafting of the regulations.
• It is a new comprehensive approach for the Department with a high level of complexity, linking together multiple licenses, types, from harvesters, holders, to exporters.

Background

In late November 2023, discussions were initiated on the creation of a new information management system to support new regulations being developed for Elver fisheries.  The new system will allow the Department to track Elvers from harvesting through the different processing facilities up to final export.

The system will be part of implementing proposed new Regulations that would provide the authority to license and require reporting for the full elver fishery value chain.

In order to minimize risks associated with the development of a complex licensing system, DFO worked on two approaches in parallel: (A) Scanning the market using a Request for Information and (B) developing an internal application, leveraging licensing systems already in place.

Request for Information (RFI)

An RFI, including all of the technical specifications for the proposed regulations, was published on CanadaBuys on January 5th, 2024, and closed on January 26th, 2024.

DFO intends to review the results of the RFI in the coming weeks, and include the findings in the development of the long-term solution for the traceability system. 

In-house development of digital traceability system

Given the combination of aggressive and pending final details of the regulations, DFO has initiated the development of an in-house solution leveraging, to the extent possible, other systems that are already in place to manage fishery information. The initial scope of the in-house solution will cover the harvester licensing and reporting system.

C13 – Question Period Card: Redfish and Shrimp

• On January 26, 2024, I announced the re-opening of the commercial Redfish fishery in Unit 1, with a total allowable catch of at least 25,000 tonnes.
• Estuary and Gulf of St. Lawrence shrimp licence holders and Indigenous harvesters will each receive 10 per cent of the allocation in order to provide economic support and help to advance Government of Canada reconciliation objectives, respectively.
• The inshore and midshore fleet allocations remain unchanged from the pre-moratorium fishery. The offshore fleet will receive the largest share, albeit slightly lower than their pre-moratorium share.
• I considered input from Indigenous groups, industry, provinces and other stakeholders, as well as socio-economic considerations in making this decision.

If pressed

• My department will work with Indigenous groups and stakeholders through the Redfish Advisory Committee to operationalize the fishery in 2024 and to develop the necessary management measures.

If pressed on why the fishery didn’t open sooner?

• Numerous stakeholders indicated that they would prefer to wait for the fishery to open until the fish grew larger, and could garner higher market value.
• The most recent stock assessment indicated that growth has slowed. That's why I am deciding to open the fishery as soon as possible.

Background

There are two species of redfish, Sebastes mentella and Sebastes fasciatus, managed as one biological stock.

The one stock is managed in two management units, Unit 1 in the Gulf of St. Lawrence and Unit 2 in the Laurentian Channel.

Unit 1 has been under a commercial moratorium since 1995. An annual 2,000t index fishery has been in place since 1999. The index fishery allows for the continued collection of fishing and biological data.

Redfish stocks in the Gulf of St. Lawrence have been experiencing significant growth in biomass as a result of three strong recruitment year classes, born in 2011, 2012 and 2013. The 2018, 2020 and 2022 Stock Assessments put Sebastes mentella in the healthy zone, and Sebastes fasciatus in the cautious zone, up from previous designations of critical zone in Unit 1 where they had been for approximately two decades.

An annual experimental fishery has been in place since 2018, ranging from 2,500t to 5,000t, to allow for the collection of data to inform management measures for a future commercial fishery. Catches have been low each year of the experimental fishery. Some challenges include low market value, redfish size, and bycatch concerns.

The most recent stock assessment (2022) indicated that the fish have been growing little for the past three years and there has been no significant recruitment (new baby fish) since the strong cohorts of 2011-2013. In addition, natural mortality may be higher than anticipated in recent years, possibly reducing the duration of the fishery.

The next Redfish stock assessment is planned for 2025. The Department anticipates both stocks will remain in the healthy zone.

C14 – Supplementary Information

There are limitations on availability of elvers because of declines and restrictions in other countries which is placing demand on North American elvers.

European Eel

• In 2007, the EU adopted the Eel Regulation which provides a framework for the recovery of the eel stock. As a result, eel fisheries in the EU are now managed under long-term plans drawn up by the EU countries at river-basin level.
• The European Commission has adopted all plans submitted by 19 EU countries, plus a joint transboundary plan for the Minho River in Spain and Portugal. Most countries do not allow glass eel fisheries, some countries (France, Spain, and Italy) are allowing them to continue to operate.
• Measures include limiting professional and recreational fisheries and reserving 60% of glass eels (less than 12cm) for restocking.  
• In December 2010, EU Member States decided not to allow trade of European eel outside the EU.
• Since 2018, a 3-month fishing closures has been introduced at EU level. Currently this measure applies to commercial and recreational fishing for eels at all life stages in the Atlantic, North and Baltic Seas, as well as in the Mediterranean.

Mediterranean Eel

• In 2022, the General Fisheries Commission for the Mediterranean (GFCM) of the Food and Agriculture Organization of the United Nations (FAO) adopted a multiannual management plan for Mediterranean European eels, including a partial closure of eel fisheries for six months each year and a total, permanent ban on recreational fishing of European eel at all stages – glass eel, yellow eel and silver eel, and in all habitats – freshwater, brackish and marine.

Additional Context:

• European eel is a critically endangered species listed by the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES)
• European eel is listed as "critically endangered" under the International Union for Conservation of Nature and Natural resources (IUCN) Red List.
• The Convention of Migratory Species of Wild Animals (CMS) listed the European eel in its appendix II
• The European Eel is endangered and has seen its population decline 90% in recent years. Illegal harvesting of European glass eels (elver) takes place in France, Spain, Portugal and the UK, and the illegal glass eels are then smuggled out of the EU by Organized Crime. Europol annually coordinates a joint enforcement operation with European Law Enforcement agencies called Operation LAKE, targeting the illegal harvest and trafficking in European glass eels. Participating countries in the operation are: Austria, Belgium, Bulgaria, Czechia, Denmark, Finland, France, Germany, Italy, Latvia, Netherlands, Luxembourg, Poland, Portugal, Slovakia, Spain. Canada (DFO and ECCC) also participate in Operation LAKE. ECCC shares information about any European eel encountered and DFO provides updates on the situation with the American Eel.
• Japanese eel is also endangered.