A federal judge has ruled that the Fisheries Department of Canada failed to adequately consult with commercial baby eel fishers regarding a quota transfer that allocated approximately 14 percent of their fishing quota to Indigenous groups. This ruling was issued on March 28, 2025, by Justice Paul Favel, who determined that the actions taken by the Fisheries Department were "procedurally unfair."
The dispute centers around the highly lucrative baby eel fishery in the Maritime rivers, where prices for the tiny eels, known as elvers, have fluctuated significantly, reaching between $3,000 and $5,000 per kilogram. These eels are primarily exported to Asian markets, which has contributed to the competitive nature of the fishery.
Justice Favel's ruling specifically critiques the federal Fisheries Department's lack of engagement with the two commercial license holders, Shelburne Elver Ltd. and South Shore Trading Co. Ltd., prior to the decision to reduce their quotas for the 2023 elver fishing season. This lack of consultation has been highlighted as a critical failure in the regulatory process affecting the fishers.
Brian Giroux, representing Shelburne Elver Ltd., has indicated that the cooperative, which employs 38 workers, is considering legal action against the federal government to seek damages resulting from the minister's decision. This consideration comes in light of the substantial financial impact that the quota reduction has had on commercial fishing operations.
The fallout from the 2023 quota transfer extended beyond financial consequences; it also influenced subsequent fishing seasons. Notably, the 2024 fishing season was ultimately canceled due to violent incidents occurring on the rivers, raising concerns over safety and regulatory enforcement in the fishery. As a means of addressing the situation and increasing Indigenous participation, the government later announced in 2025 an increase in the Indigenous fishing share to 50 percent of the total allowable catch, which is set at 9,960 kilograms.
This ongoing struggle reflects broader tensions between Indigenous rights and commercial fishing entities in the region, highlighting the complexities involved in quota management and resource allocation. The case underscores the necessity for fair and transparent consultation processes, particularly in fisheries that are economically significant and culturally important to various communities in Canada.
