FISHERIES ACTPossession and Export of Elvers RegulationsP.C.2024-1263202411
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Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, makes the annexed Possession and Export of Elvers Regulations under subsection 43(1)a of the Fisheries Actb.S.C. 2019, c. 14, s. 31(1) to (11)R.S., c. F-14DefinitionsDefinitionsThe following definitions apply in these Regulations.CBSA means the Canada Border Services Agency established under subsection 3(1) of the Canada Border Services Agency Act. (ASFC)CFIA means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act. (ACIA)commercial transporter means a person whose commercial activity includes the transport of goods for others. (entreprise de transport)Department means the Department of Fisheries and Oceans. (ministère)elver means an American eel that is less than 10 cm in length. (civelle)ApplicationApplicationThese Regulations apply to the possession of elvers in Canada and in Canadian fisheries waters, and to the export of elvers from Canada.Possession of ElversProhibition — possession without a licenceSubject to subsection (2), it is prohibited for any person to be in possession of elvers except under the authority of a licence to possess elvers issued under these Regulations.ExceptionsSubsection (1) does not apply to the following persons in relation to the elvers that they possess in the following circumstances:a person who is in possession of elvers that the person caught under the authority of a licence issued under section 52 of the Fishery (General) Regulations or that another person caught under the authority of the same licence;a person who is in possession of elvers for the purpose of their transfer to an aquaculture facility or their release into fish habitat, as authorized under the Fisheries Act or under provincial legislation;subject to subsection (3), a person, other than a person referred to in paragraph (a), who is in possession of elvers that the person caught under the authority of a licence issued under the Fisheries Act or that another person caught under the authority of the same licence;a commercial transporter who is transporting elvers in the course of their business and who has no other right or interest, directly or indirectly, in the elvers;a person who is working at an airport, is engaged in the handling of goods intended for air transport and is in possession of elvers in the course of their duties;an operator of an aquaculture facility acting under the authority of an aquaculture licence as defined in section 1 of the Aquaculture Activities Regulations who is in possession of elvers for the purpose of cultivating them to grow to 10 cm or more in length;personnel of the CBSA, of the CFIA, of the Department or of a province, acting in the course of their duties; ora person who obtains possession of elvers as a result of a law enforcement officer acting in the course of their duties under federal or provincial legislation.Exception — limitThe exception set out in paragraph (2)(c) applies only while the person is in possession of elvers in the course of transporting them from the waters in which they were caught to a holding facility that is specified in the licence referred to in that paragraph.Obtaining possessionIt is prohibited for any person to obtain possession of elvers from anyone other than a person who is authorized to possess elvers underthe authority of a licence issued under these Regulations; oran exception referred to in any of paragraphs 3(2)(a) to (e), (g) or (h).Transferring possession of elversIt is prohibited for any person to transfer possession of elvers to anyone other than a person who is authorized to possess elvers underthe authority of a licence issued under these Regulations; oran exception referred to in any of paragraphs 3(2)(b) or (d) to (h).Persons authorized under the same licenceDespite subsection (1), a person who possesses elvers that they caught under the authority of a licence referred to in paragraph 3(2)(a) or (c) — or that were caught by another person under the authority of the same licence — may transfer possession of those elvers to any other person who is authorized to fish under the same licence.Licence to possess elversThe Minister may issue a licence authorizing a person to possess elvers.ConditionsThe Minister may, for the proper management and control of fisheries and the conservation and protection of fish, specify in the licence any condition that is consistent with these Regulations, including conditions respecting any of the following matters:the location or the facility to which, manner in which and time at which elvers must be brought and stored;the information that the licence holder must provide to the Department;the manner in which, time at which and location from which the possession of elvers is permitted to be transferred;the transport of elvers;the containers that must be used to hold or transport elvers and their marking, labelling, sealing and unsealing, including by the licence holder, a fishery officer, a fishery guardian or personnel of the Department;the records that a licence holder must keep, including records respectingthe elvers that they possess at any time, the persons from whom they obtained possession of them and the persons to whom they transferred possession of them, andthe quantity of elvers that died while in the licence holder’s possession and the circumstances of the deaths;the manner and form in which the records are to be kept and the times at which and the manner and form in which records and information are to be produced to the Department; andthe verification, by a fishery officer, a fishery guardian or personnel of the Department, of any shipment of elvers, including the process of packaging them, the weight of the elvers and the total weight of the package.Export of ElversProhibition — export without a licenceIt is prohibited for any person to export elvers except under the authority of a licence to export elvers issued under these Regulations.Prohibition — certain elversIt is prohibited for any person to export elvers that were caught illegally in Canadian fisheries waters or elvers whose possession was obtained from a person who was not authorized to possess them under these Regulations.Licence to export elversThe Minister may issue a licence authorizing a person to export elvers.ConditionsThe Minister may, for the proper management and control of fisheries and the conservation and protection of fish, specify in the licence any condition that is consistent with these Regulations, including conditions respecting any of the following matters:the location and time at which elvers are permitted to be packaged for export;the information that the licence holder must provide to the Department;the information to declare to the CBSA respecting each shipment of elvers for export;the records that an export licence holder must keep, including records respecting the commercial transporter to which an export shipment has been entrusted, and the tracking number or similar information identifying that shipment; andthe manner and form in which the records are to be kept and the times at which and the manner and form in which records and information are to be produced to the Department.ContainersProhibition — combining elversA person must not combine, in the same containereels that are less than 10 cm in length caught outside Canadian fisheries waters with elvers caught in those waters; orelvers legally caught in Canadian fisheries waters with elvers that were illegally caught in those waters.Prohibition — seals, sealed containersSubject to the conditions of a licence issued under these Regulations, a person must not unseal a container of elvers that has been sealed for export or tamper with its seal.Retention of RecordsRetention periodAny records that are required to be kept under the conditions of a licence issued under these Regulations must be retained for a period of at least five years after the day on which the licence expires or is cancelled.Application of Fishery (General) RegulationsApplication of certain provisionsThe following provisions of the Fishery (General) Regulations apply — despite section 3 of those Regulations — for the purposes of these Regulations:sections 2, 4, 5, 8 to 11 and 14;subsection 15(1);sections 16, 17 and 21;subsections 22(2) to (6);section 24;paragraph 25(1)(a); andPart XI.Consequential AmendmentsFishery (General) Regulations[Amendments]Maritime Provinces Fishery Regulations[Amendments][Amendments]Ontario Fishery Regulations, 2007[Amendments]Coming into ForceMarch 1, 2025These Regulations come into force on March 1, 2025.