The Canadian DFO is maintaining close oversight of the highly lucrative elver fishery

Elver Gold Rush: Court Battles Erupt Over Maritime Eel Quotas

CANADA
Monday, February 17, 2025, 00:30 (GMT + 9)

Industry Disputes DFO's "Precautionary Approach" Amidst Management Changes

A group of licensed elver fishing companies has once again initiated legal action against the federal Department of Fisheries and Oceans (DFO), challenging the department's decision to maintain the total allowable catch (TAC) at 9,960 kilograms. This figure, unchanged for two decades, is deemed insufficient by license holders who argue for a scientifically supported increase. Richard Cuthbertson of CBC News reports that the case was heard in Federal Court on Friday, with a decision expected shortly.

The crux of the dispute centers on DFO's refusal to adjust the TAC despite industry claims of available scientific data supporting an increase. Mitchell Feigenbaum, president of South Shore Trading, contends that raising the TAC would incentivize unauthorized fishers to operate within the regulated system. He accuses DFO of dismissing industry concerns and employing procedural tactics to justify predetermined decisions.

This legal challenge coincides with DFO's significant restructuring of the elver fishery. The department is reallocating quotas, stripping long-time license holders of substantial portions and transferring them to First Nations, a move that has further fueled industry discontent.

The current judicial review is part of an ongoing series of legal battles between elver license holders and DFO, addressing issues such as quota allocations and fishery closures due to unauthorized harvesting.

DFO's Stance: "Precautionary Approach" and Scientific Uncertainty

DFO maintains its position of a "precautionary approach," citing scientific uncertainty stemming from unauthorized fishing activities. A departmental spokesperson, Debbie Buott-Matheson, pointed to a monitoring study on a Halifax-area river indicating elver numbers above the long-term median. However, she acknowledged disruptions in data collection due to safety concerns.

DFO has stated that data collected from the 2025 season, which includes the new regulations, will be used to determine the TAC for the 2026 season.

Conservation Concerns and Species at Risk Status

Susanna Fuller, vice-president of conservation at Oceans North, argues that current scientific evidence does not support an increase in the TAC. She advocates for allowing the new DFO regulations to take effect before considering any changes to catch limits.

A significant point of contention is the unresolved status of the American eel under the Species at Risk Act. A 2012 advisory panel recommended listing the species as threatened, but the federal government has yet to make a final decision. Fuller emphasizes the difficulty of managing the fishery without a clear designation.

She also pointed to the decline of eel populations in other regions due to factors like dams, and the pressure on DFO from conservation groups and First Nations to list the eel as a species at risk.

Fuller acknowledges the economic importance of the elver fishery to Maritime communities. However, she maintains that any quota increases should be contingent on demonstrable stock health and sustainable fishing practices.

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