Judge says DFO acted unfairly in coming to 2023 elver quota decision

A recent Federal Court ruling has found that the Department of Fisheries and Oceans (DFO) did not adequately consult with commercial groups involved in the juvenile eel fishery along Maritime rivers. In 2023, DFO took nearly 14 per cent of the quota from these commercial groups and allocated it to First Nations, a decision that was deemed “procedurally unfair” by the court.

This ruling marks a victory for the license holders who have been in conflict with DFO over its management of the fishery. The eel fishery has been a source of tension and violence in recent years, as demand for elvers in Asia has driven prices up. The tiny eels are shipped live and raised in aquaculture facilities for food.

Since the controversial quota decision in 2023, the fishery has faced challenges. The season was cut short due to unauthorized fishing, the following year’s season was canceled entirely, and this year, most commercial license holders saw a significant reduction in their quota.

Brian Giroux, representing Shelburne Elver, one of the commercial outfits involved in the court challenge, expressed that while the ruling pertains to a past season, there may be grounds for civil action against the federal government. He highlighted the need for accountability and potential compensation for the actions taken by DFO.

The Federal Court ruling acknowledged that while there was no evidence of bias, there was a lack of engagement with the commercial groups, which was deemed unfair. Justice Paul Favel noted that DFO had promised to engage with license holders prior to the 2023 season but failed to do so adequately.

Mitchell Feigenbaum, president of license holder South Shore Trading, welcomed the court’s decision and mentioned their intention to pursue legal action for damages against DFO for the reduction in their quota.

Giroux expressed frustration with DFO’s reluctance to provide crucial documents during the Federal Court process. A spokesperson for DFO stated that they are reviewing the ruling and have no further comments at this time as they consider their next steps.

The outcome of this ruling underscores the importance of fair consultation and engagement with all stakeholders in the management of fisheries. It also highlights the need for transparency and accountability in decision-making processes to ensure the sustainability and equitable distribution of marine resources.