Transfer of baby eel quota to First Nations was unfair, says federal judge [Video]

A Federal Court judge has ruled that the Fisheries Department failed to properly consult commercial baby eel fishers when it transferred about 14 per cent of their quota to First Nations.

The March 28 ruling from Justice Paul Favel says the quota transfer for the 2023 season away from Shelburne Elver Ltd. and South Shore Trading Co. Ltd. was “procedurally unfair.” The companies had sought a judicial review of the department’s quota decision.

The lucrative fishery in Maritime rivers has been the source of tension as prices in recent years have ranged between $3,000 and $5,000 per kilogram for the tiny eels — called elvers — which are shipped to Asia.

Favel said the federal Fisheries Department didn’t engage enough with the two commercial licence holders before it cut their quotas for the 2023 elver season without any compensation.

“The lack of engagement in advance of the 2023 season was …