SPECIES AT RISK ACTList of Wildlife Species at Risk (Decision Not to Add Certain Species) Order (American Eel)P.C.2025-847202511
28
Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, under paragraph 27(1.1)(b) and subsection (1.2) of the Species at Risk Acta,S.C. 2002, c. 29decides not to add the American Eel (Anguilla rostrata) to the List of Wildlife Species at Risk set out in Schedule 1 to that Act; andapproves that the Minister of the Environment include in the public registry established under section 120 of that Act the statement that is attached as the annex to this Order and that sets out the reasons for the decision not to add that species to that List.Statement Setting Out the Reasons for the Decision Not to Add the American Eel to the List of Wildlife Species at RiskAmerican Eel (Anguilla rostrata)In deciding not to add the American Eel (Anguilla rostrata) as a threatened species to the List of Wildlife Species at Risk set out in Schedule 1 to the Species at Risk Act (“SARA”), the Governor in Council considered a range of factors to make a decision that provides the greatest overall benefit to Canadians. The Governor in Council has determined that managing the American Eel and its habitat using the Fisheries Act would limit socio-economic impacts and offer flexibility to manage activities impacting the species.Socio-economic considerationsListing the American Eel as threatened under SARA would trigger the application of the general prohibitions under SARA, making it illegal to kill, harm, harass, capture, take, possess, collect, buy, sell or trade an American Eel or damage the residence of an American Eel.The application of the SARA prohibitions to the American Eel would lead to the closure of all directed commercial fisheries, including Indigenous communal commercial harvesting and aquaculture operations. The closure of the commercial yellow and silver American Eel fishery and the closure of the commercial elver fishery would result in a combined loss of profit for industry that is estimated to be $12.7 million per year. Specifically, the closure of the commercial yellow and silver American Eel fishery would result in an estimated loss of profit of $1.1 million per year for the more than 100 active commercial and Indigenous communal commercial harvesters of adult eels. In addition, the long-term closure of the commercial elver fishery would result in a loss of profit for the industry that is estimated to be $11.6 million per year for the 11 elver licence holders, including three Indigenous communal commercial licence holders that were active in 2023. The annual loss of profit for aquaculture facilities resulting from the inability to source eels in Canada cannot be estimated at this time due to a lack of data. It is anticipated that listing the American Eel under SARA would have an impact on the sectors that hold, process, package and ship adult eels and elvers. Furthermore, there could be economic impacts on facilities, such as hydroelectricity dams, to comply with SARA.Management of the American EelBy continuing to manage the American Eel under the Fisheries Act, Fisheries and Oceans Canada (“DFO”) can reduce some negative effects on the species and its habitat while sustainably managing the American Eel fisheries. In addition, under that Act, DFO can enhance scientific information about population size and trends that will guide management decisions and improve the safe migration of the American Eel throughout its Canadian range. DFO will continue to implement science and management measures designed to address ongoing threats to the American Eel in Canadian waters. Examples of ongoing measures include improving fish passage at existing facilities, implementing a Precautionary Approach Framework for the commercial yellow and silver American Eel fishery and shortening the recreational fishing seasons. Further, the Possession and Export of Elvers Regulations, which were published in Part II of the Canada Gazette on December 18, 2024, aim to improve the sustainable management of the elver fishery in Atlantic Canada. DFO is also committed to the ongoing implementation of management measures that contribute to the recovery and conservation of the species. This includes initiatives such as supporting habitat rehabilitation and restoration projects in collaboration with Indigenous Peoples and partners and funding projects benefiting eel passage during migration. DFO has and will continue to assess the American Eel population in Canada and consider all scientific advice in making management decisions with conservation in mind.Since the publication of the assessment and status report on the American Eel by the Committee on the Status of Endangered Wildlife in Canada in 2012, many management measures have been implemented and considerable progress has been made, such as reducing possession limits in recreational fisheries and implementing individual river catch limits. Further, an ongoing initiative has resulted in hundreds of American Eel commercial licences becoming permanently retired through the conversion of eel licences to licences in relation to other species and by buying out licences.