Aquatic Invasive Species Regulations

Aquatic Invasive Species Regulations His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to subsections 34(2), 36(5) and 43(1)a and (2)b of the Fisheries Actc, makes the annexed Aquatic Invasive Species Regulations. S.C. 2012, c. 19, ss. 149(2) to (4) S.C. 2012, c. 19, s. 149(4) R.S., c. F-14 Definitions The following definitions apply in these Regulations. Act means the Fisheries Act. (Loi) aquatic invasive species means a species set out in Part 2 or 3 of the schedule. (espèce aquatique envahissante) indigenous, in respect of an aquatic species, means that the species originated naturally in a particular region or body of water. (indigène) List of aquatic invasive species For the purpose of subsection 43(3) of the Act, the list of aquatic invasive species is the list set out in Parts 2 and 3 of the schedule. Estimate of costs Before publishing proposed regulations made under subsection 43(3) of the Act, the Minister must provide the President of the Treasury Board with an estimate of the costs of their implementation. Designation of species A reference in these Regulations to an aquatic invasive species or family of aquatic invasive species by its common name as set out in column 1 in Part 2 or 3 of the schedule is to be read as a reference to the scientific name of that species or family of species that is set out in column 2. Inconsistency with other regulations In the event of an inconsistency between these Regulations and any other regulations made under the Act, these Regulations prevail to the extent of the inconsistency. Prohibition against importation It is prohibited for any person to import members of a species set out in Part 2 of the schedule, including any genetic material capable of propagating the species, into the applicable area set out in column 4 of that Part, unless the member is in the condition, if any, set out in column 3. Prohibition against possession It is prohibited for any person to possess members of a species set out in Part 2 of the schedule, including any genetic material capable of propagating the species, within the applicable area set out in column 5 of that Part, unless the member is in the condition, if any, set out in column 3. Prohibition against transportation It is prohibited for any person to transport members of a species set out in Part 2 of the schedule, including any genetic material capable of propagating the species, within the applicable area set out in column 6 of that Part, unless the member is in the condition, if any, set out in column 3. Prohibition against release It is prohibited for any person to release, or engage in any activity that may lead to the release of, members of a species set out in Part 2 of the schedule, including any genetic material capable of propagating the species, into a body of water frequented by fish within the applicable area set out in column 7 of that Part, unless the member is in the condition, if any, set out in column 3. Prohibition against introduction of non-indigenous species It is prohibited for any person to introduce an aquatic species into a particular region or body of water frequented by fish where it is not indigenous unless authorized to do so under federal or provincial law. Exemption for certain persons Sections 6 to 9 do not apply to fishery officers or fishery guardians carrying out their duties under these Regulations or to any other person acting under their direction. Exemption for emergencies Sections 6 to 10 do not apply to persons operating any vehicles, vessels or aircraft engaged in emergency, search and rescue or firefighting operations. Exemption for authorized purposes If the purpose of the importation, possession, transportation or release of members of a species set out in Part 2 of the schedule is for scientific, educational or aquatic invasive species control purposes, sections 6 to 9 do not apply to employees or any other person acting under the direction of an educational institution, a research facility, a zoo or aquarium, or a federal or provincial department with a mandate to manage or control aquatic invasive species; and to persons engaged in the activities authorized under subsection 19(3). Permit, licence or authorization required The employees or persons exempted under subparagraphs (1)(a)(i) to (iii) must hold the applicable permits, licences and authorizations issued under the following provisions: section 6.1 of the Manitoba Fishery Regulations, 1987; section 19 of the Quebec Fishery Regulations, 1990; sections 52 and 56 of the Fishery (General) Regulations; subsection 9(3) of the Saskatchewan Fishery Regulations, 1995; subsection 6(2) of the Ontario Fishery Regulations, 2007; sections 34.1 and 34.2 of Fish Licensing of Ontario, O. Reg. 664/98; subsection 3(1) of the Fishing Licensing Regulation of Manitoba, Man. Reg. 124/97; section 3 of the Freshwater Fish Regulation of British Columbia, B.C. Reg. 261/83; subsection 88(3) and section 88.1 of The Fisheries Regulations of Saskatchewan, R.R.S. c. F-16.1 Reg. 1; subsection 12(1) of the Fisheries (Alberta) Act of Alberta, R.S.A. 2000, c. F-16; section 86 of the Wild Life Regulations of Newfoundland and Labrador, C.N.L.R. 1156/96; all applicable provisions in regulations made under the Canada National Parks Act. Exemption for licence holder Section 7 does not apply to a person holding a fishing licence who has caught a member of a species set out in Part 2 of the schedule if that person takes immediate measures to destroy the member in a manner that ensures that it and any genetic material capable of propagating the species cannot survive. Exemption — certain diploid grass carp Section 7 does not apply, in respect of the possession of diploid grass carp, to persons employed by the Aquaculture Centre of Excellence at Lethbridge College and Alberta Agriculture and Rural Development, or persons under their direction, if they hold a fish research licence issued under subsection 12(1) of the Fisheries (Alberta) Act of Alberta and if the diploid grass carp are possessed for the purpose of culturing triploid grass carp. Exemption — triploid grass carp Sections 7 and 8 do not apply, in respect of the possession and transportation of triploid grass carp, to persons holding a cultured fish licence issued under subsection 12(1) of the Fisheries (Alberta) Act of Alberta. Exemption for holder of cultured fish licence Section 9 does not apply to persons holding a cultured fish licence issued under subsection 12(1) of the Fisheries (Alberta) Act of Alberta in respect of the release of grass carp — that have been confirmed as triploid grass carp — for the purpose of vegetation control, in a body of water on privately owned land that is isolated from other bodies of water in a manner that ensures that the grass carp will not adversely affect — in any other body of water — other fish, fish habitat or the use of fish. Exemption if otherwise regulated Sections 6 to 10 and directions given under subsections 22(2), 26(1) and 27(1), do not apply in respect of ballast water and sediments that are carried on board a vessel designed or constructed to carry ballast water, to the persons referred to in subsection 4(1) of the Ballast Water Regulations; or in respect of the biofouling of a vessel that is over 24 m in length, to the person in charge of the vessel. Exemption for some vessels A fishery officer or fishery guardian must not take the measures referred to in subsection 25(1) in respect of ballast water and sediments that are carried on board a vessel designed or constructed to carry ballast water; or the biofouling of a vessel that is over 24 m in length. Definition of biofouling For the purpose of subsections (1) and (2), biofouling means the accumulation of aquatic organisms such as micro-organisms, plants and animals on surfaces and structures that are immersed in or exposed to the aquatic environment. Definitions of ballast water and sediments For the purpose of subsections (1) and (2), ballast water and sediments have the same meaning as in subsection 1(1) of the Ballast Water Regulations. Prescribed persons The following persons are prescribed under paragraph 36(5)(f) of the Act: the Minister of Fisheries and Oceans; the Minister responsible for the Parks Canada Agency; for Ontario, the provincial Minister of Natural Resources and Forestry; for Nova Scotia, the provincial Minister of Fisheries and Aquaculture; for Manitoba, the provincial Minister of Conservation and Water Stewardship; for British Columbia, the provincial Minister of Environment and the provincial Minister of Forests, Lands and Natural Resource Operations; for Saskatchewan, the provincial Minister of Environment; for Alberta, the provincial Minister of Environment and Sustainable Resource Development; and for Yukon, the territorial Minister of Environment. Definition of Minister For the purpose of this section and sections 27 and 28, Minister means any of the persons listed in section 18. Purposes The Minister may take a measure referred to in subsection (3) to prevent the introduction or spread of, or to control or eradicate, any species set out in Part 2 of the schedule in the areas in which it is prohibited, any species set out in Part 2 or 3 of the schedule in a particular region or body of water frequented by fish where the species is not indigenous and may harm fish, fish habitat or the use of fish, and any aquatic species, other than a species set out in Part 2 or 3 of the schedule, in a particular region or body of water frequented by fish where the aquatic species is not indigenous and may harm fish, fish habitat or the use of fish; and to treat or destroy any member of a species described in paragraph (a). Control activities Despite any other regulations made under the Act, the Minister may authorize the deposit of deleterious substances belonging to one of the classes of deleterious substances authorized under section 21 and provide directions for their deposit in any water or place referred to in subsection 36(3) of the Act. Exemption for aquaculture activities Subsection (3) does not apply in respect of aquaculture activities if the deposit of a deleterious substance is otherwise authorized under the Act. Licensed fishing for aquatic invasive species Despite any other regulations made under the Act, the Minister and any provincial minister having jurisdiction over fisheries may license fishing for any species referred to in subsection 19(2) in the places referred to in that subsection. Authorized deleterious substances The following classes of deleterious substances are authorized for the purpose of paragraph 36(4)(b) of the Act and subsections 19(3) and 27(1): drugs whose sale is permitted or otherwise authorized, or whose importation is not prohibited, under the Food and Drugs Act; and pest control products that are registered, or whose use is authorized, under the Pest Control Products Act. Notification regarding non-indigenous species A fishery officer or fishery guardian may notify a person, directly or through a public notice, that an aquatic species is not indigenous in a particular region or body of water frequented by fish. Directions to stop introduction In the event that the unauthorized introduction of an aquatic species into a particular region or body of water frequented by fish where it is not indigenous is imminent or in the process of occurring, a fishery officer may give a direction to a person prohibiting that person from engaging in any activity that may lead to that introduction; or directing that person to cease engaging in any activity that may lead to that introduction. The following definitions apply in sections 25 to 27 and 29. carrier means anything, other than a conveyance or structure, that is a host to, or that facilitates the movement of, a species set out in Part 2 or 3 of the schedule. (porteur) conveyance or structure means a conveyance or structure that is a host to, or that facilitates the movement of, a species set out in Part 2 or 3 of the schedule. (moyen de transport ou structure) Limitations A fishery officer or fishery guardian may take a measure set out in section 25 or give a direction set out in section 26 only to determine whether the species is an aquatic invasive species; any species set out in Part 2 of the schedule in the areas in which it is prohibited, or any species set out in Part 2 or 3 of the schedule in a particular region or body of water frequented by fish where the species is not indigenous and may harm fish, fish habitat or the use of fish; or to treat or destroy any member of a species described in paragraph (b). Measures A fishery officer or fishery guardian or a person acting under their direction may treat or destroy a member of an aquatic invasive species or a carrier or treat a conveyance or structure; establish a temporary barrier around the member of an aquatic invasive species or the carrier, conveyance or structure; and post signs or markers that prohibit access around the member of an aquatic invasive species or the carrier, conveyance or structure. Reasonable assistance A person must give all reasonable assistance requested by the fishery officer or the fishery guardian to enable them to carry out the measures set out in subsection (1) and must provide any information requested by them that is relevant to the measures if the person is in possession of a member of a species set out in Part 2 or 3 of the schedule; is in possession or in charge of a carrier, conveyance or structure or owns or occupies the land, building or place where the member of the species is found; or is engaged in any activity that may lead or has led to the introduction or spread of the species. Directions Subject to subsection (2), a fishery officer may give a written direction requiring a person to restrict any activity that may lead to the introduction or spread of an aquatic invasive species; to restrict access to a place where a member of the species is found; to engage in any activity to prevent the introduction or spread of the species; and to engage in any activity to treat or destroy the member of the species or a carrier or to treat a conveyance or structure. Persons subject to direction The direction may be given only to a person who is in possession of a member of the species or of a carrier, conveyance or structure where a member of the species is found; is in charge of a carrier, conveyance or structure where a member of the species is found; owns or occupies the land, building or place where a member of the species is found; or Exemption from fishing licence If a direction given under paragraph (1)(d) requires the use of fishing as a means to destroy members of a species set out in Part 2 or 3 of the schedule, the person to whom the direction is given is exempted from the requirement to hold a licence to fish for that species. Exemption while under direction If a direction given under subsection (1) requires a person to be in possession of or to transport a member of a species set out in Part 2 of the schedule, that person is exempted from sections 7 and 8 to the extent necessary to fulfill the requirements of the direction. Use of deleterious substance The Minister may give a written direction requiring the deposit of a deleterious substance belonging to one of the classes of deleterious substances authorized under section 21 to treat or destroy any member of a species described in paragraph (a) or a carrier or to treat a conveyance or structure where a member of the species is found. Requirements The measures set out in subsections 19(2) and (3) and 25(1) and the directions given in accordance with subsections 22(2), 26(1) and 27(1) must not be taken or given unless the measure or direction does not compromise public safety; in the case of a measure or direction affecting a vessel, the measure or direction is taken or given only to the extent that it does not compromise the safety of the vessel or the persons on board and, in the case of vessels over 24 m in length, if the Minister, the fishery officer or the fishery guardian has consulted the Minister of Transport or a marine safety inspector before taking the measure or giving the direction; and in the case of a non-emergency situation in which the measure or direction may have a significant impact on activities under the jurisdiction of a department or agency of the Government of Canada or the government of any province or municipality, the Minister, the fishery officer or the fishery guardian has notified that department, agency or government. Deleterious substance If a measure or direction referred to in subsection (1) involves the deposit of a deleterious substance, alternative measures and the impact of the deposit on fish, fish habitat or the use of fish must be taken into account; and the deposit must be authorized by a person prescribed under section 18. Contents of directions Directions given under subsection 26(1) or 27(1) must describe the member of the aquatic invasive species and the carrier, conveyance or structure, if there is one, that is the subject of the direction; briefly describe the reasons for the direction; set out the time period in respect of which the direction applies, up to a maximum of 15 days with an extension of up to a maximum of 90 days; describe the requirements set out in subsection 26(1) or 27(1); and be delivered in person or, if that is not possible, be posted in a conspicuous place at or near the location of the member of the species or of the carrier, conveyance or structure. Further contents Directions given under subsection 27(1) must also set out the place and manner in which the member of the species or the carrier, conveyance or structure, if there is one, must be treated or destroyed; set out the date by which the requirement must be satisfied; and state the terms and conditions applicable to the deposit of the deleterious substance. Every person to whom a direction is given under subsection 22(2), 26(1) or 27(1) must follow the requirements specified in the direction; and is prohibited from engaging in any activity contrary to the requirements specified in the direction. Prohibition It is prohibited for any person to enter an area around which the temporary barrier referred to in paragraph 25(1)(b) has been established; or around which the signs or markers referred to in paragraph 25(1)(c) have been posted. [Amendments] [Amendment] Registration These Regulations come into force on the day on which they are registered. The following definitions apply in this schedule. boundary waters has the same meaning as in the Preliminary Article of the Treaty relating to Boundary Waters and Questions arising along the Boundary between Canada and the United States as set out in Schedule 1 to the International Boundary Waters Treaty Act. (eaux limitrophes) transboundary waters means those waters that, in their natural channels, flow across the international boundary between Canada and the United States. (eaux transfrontalières) Geographic coordinates The geographic coordinates in this schedule are in reference to the North American Datum 1983 (NAD83). Canada, except in the transboundary waters in Ontario, downstream of the bridge crossing the Pigeon River located at 48°00′05.1″N 89°35′06.8″W; the boundary waters of the Canadian Great Lakes and connecting waterways, between the location of the bridge and the boundary between Ontario and Quebec; and the boundary and transboundary waters in Quebec