Court won’t overturn decision to cut quota from N.S., N.B. elver licence holders
In a recent ruling by three judges, commercial groups fishing for juvenile eels in the Maritimes faced another setback as Ottawa’s decision to transfer a portion of their quota to First Nations without compensation was upheld. The Federal Court of Appeal, after hearing arguments in Halifax, agreed that the federal fisheries minister had acted within their broad discretion and made a reasonable decision.
Tien Nguyen, a key player in Canada’s elver fishery, expressed disappointment that the judges did not address the significant financial impact of the minister’s decision on license holders. Nguyen, who leads an elver company in Nova Scotia, likened the situation to having your hard-earned business taken away by the government, questioning the fairness of such actions.
The elver fishery has been marred by chaos in recent years, with reports of violence and poaching along rivers in Nova Scotia and New Brunswick. The skyrocketing price of elvers, reaching $5,000 per kilogram in 2022 due to Asian demand for live elvers for aquaculture, has only exacerbated the situation.
Some Mi’kmaq and Wolastoqiyik groups have claimed a treaty right to fish for elvers, leading to the federal fisheries minister transferring a portion of the quota from commercial license holders to Indigenous groups without compensation. This move has sparked controversy and legal challenges, with license holders arguing for a more equitable solution.
Brian Giroux of Shelburne Elver Ltd. expressed concerns over the “dictatorial powers” of the fisheries minister and the lack of oversight in decision-making. The uncertainty surrounding the future of the fishery has left many stakeholders feeling uneasy about investing in the industry.
Looking ahead, the Department of Fisheries and Oceans (DFO) plans to determine individual quotas and the total allowable catch for the elver fishery before the 2025 season. DFO aims to engage with license holders, treaty right holders, and individual fishermen to ensure a fair and transparent process moving forward.
As the elver fishery continues to evolve, stakeholders like Tien and Anh Nguyen, who have dedicated over two decades to building their business, hope for recognition of their contributions to the community. They believe that both Indigenous and non-Indigenous people should have equal opportunities in the fishery and are eager for a more inclusive and supportive approach from the government.
In conclusion, the elver fishery’s future remains uncertain as legal battles and competing interests shape its trajectory. Finding a balance between conservation, Indigenous rights, and commercial interests will be crucial in ensuring a sustainable and equitable industry for all stakeholders involved.
