Customs Notice 25-09: Fisheries and Oceans Canada (DFO) new requirements for the export and possession of American eel elvers (Anguilla rostrata)

Ottawa, March 1, 2025

1. Elvers (baby eels) are a life stage of eels that are less than 10 cm in length. American eel elvers (Anguilla rostrata) are harvested in Atlantic Canada under elver fishing licences issued by DFO, and exported to Asian countries for aquaculture purposes. American eel elvers are also imported to Canada from foreign elver fisheries in foreign countries for re-export to Asia.

2. Effective March 1, 2025, an export licence will be required to export American eel elvers (Anguilla rostrata) from Canada. There will be no exemptions for export licences. An export licence is specific to the activity of exporting and does not grant the holder the authority to possess elvers. The conditions of an export licence specify additional information the licence holder must declare to CBSA when submitting an export declaration to support the identification of DFO-authorized export shipments.

3. Effective March 1, 2025, a possession licence will be required to possess American eel elvers, subject to certain exemptions including, for example, commercial transporters and airport personnel who may be in possession of elvers in the course of their duties. The general conditions of a possession licence specify: the address of the holding facility where elvers must be held; how elvers must be labelled and packaged during transportation; and how and when possession licence holders must report to DFO on their possession activities.

4. In addition, the conditions of a possession licence include the requirement to notify DFO before they take possession of elvers imported into Canada, and notify DFO when they will package a container of elvers for export. This allows a DFO official to attend the packaging event to verify the contents and weight of each container, verify that the container labels include a DFO shipment number, and witness the application of a tamper-proof seal to each container for export. It is prohibited to tamper with or unseal a container of elvers that has been sealed for export (subject to conditions of the licence that allow licensees to unseal a sealed container under certain conditions).

5. If an exporter's business activities require them to take physical possession of the elvers at any time prior to export, they would also require a possession licence.

6. On January 1, 2025, the HS code for live eels (Anguilla spp.) in the Customs Tariff has been modified to have a breakout for elvers (0301.92.00.10) and life stages other than elvers (0301.92.00.90). Similarly, the Canadian Export Classification has been amended to reflect the breakout for elvers (0301.92.10) and other life stages (0301.92.90).

7. Effective March 1, 2025 American eel elvers are a restricted good and are subject to section 5 of the Reporting of Exported Goods Regulations, under the Customs Act. Shipments of American eel elvers for export must be reported electronically to the CBSA. When exporting restricted goods to the United States (this does not include restricted goods transiting through the United States for export to another country), an export declaration is not required. However, exporters must provide the required export permit within the timeframes by mode of transportation at the place specified in the permit authorizing the exportation, or if no place is specified in that permit, at the export reporting office located closest to the place of exit of the goods from Canada.

8. DFO requires elver export licence holders to indicate their licence number, the DFO-issued shipment identification number, the species scientific name, the common name and the life stage on their export declaration. This export licence must be obtained prior to the exportation of the goods, and, if requested, it must be presented to the CBSA. Non-compliance may result in the application of Administrative Monetary Penalties (AMPs). For information on AMPs, please see Memorandum D22-1-1: Implementing the Administrative Monetary Penalty System, and the Administrative Monetary Penalty System - Master Penalty Document.

9. As a reminder, quantities of elvers declared on the export declaration are to be reported as net weight of the elvers, in kilograms. Gross weights that include packaging and water are not acceptable.

10. Adult American eels, which are also harvested in Atlantic Canada under fishing licences, do not require possession and export licences.

11. A licence to export elvers of Anguilla species other than the American eel (Anguilla rostrata) is not required. Elvers of Anguilla species imported from countries outside the distribution of the American eel, for the purposes of re-export, should be identified by their complete scientific name in the goods description field on the import and export declarations.

12. Under the new elvers regulations, it is an offence to combine Canadian-caught elvers and foreign-caught elvers in the same container. Foreign-caught elvers must always be stored separately from Canadian-caught elvers, including in sealed export containers.

13. DFO's new required export and possession licences for elvers have been implemented via new regulations made under the Fisheries Act, the Possession and Export of Elvers Regulations.

14. The new regulations aim to create a more orderly fishery, increase confidence in the supply chain for licenced participants and their clients, and improve the transparency and predictability of the elver supply chain.

15. Further information on these new regulations, how to obtain licences and additional conditions of these licences, can be found at DFO's webpage: Regulations for the possession and export of elvers.

16. Further information about reporting exports can be found in the Exporters' guide to reporting.