In the initial development and subsequent review of the Code it was recognized that the roles and responsibilities of various levels of government and public management structures varied from claim to claim. The Code was intended primarily to establish a uniform and objective risk assessment process for introductions and transfers of aquatic organisms across Canada based on scientific and technical information. As a technical policy framework the purpose of the Code is assist and support consultation and approval processes in each jurisdiction as provided for in land claims agreements. This will include the incorporation of local and traditional aboriginal knowledge in the decision processes as required and the consideration of other socio-economic factors as appropriate and as described in Figure 1


3. Provincial and Territorial Legislation and Regulations

Regulations promulgated by provincial or territorial governments, by means other than the Fisheries Act and WAPPRIITA, that can affect introductions and transfers of aquatic organisms include:

• Aquaculture Acts and Regulations;
• Game and Fish Acts and Regulations;
• Environmental Acts and Regulations; and,
• Fish Transportation Regulations.

4. Federal Policies

A. Canadian Biodiversity Strategy: Canada’s Response to the Convention on Biological Diversity

The Government of Canada, with support from provincial and territorial governments, ratified the United Nations Convention on Biological Diversity in 1992, believing it to be a very important global and national instrument for promoting and guiding efforts to conserve biodiversity and use biological resources sustainably. The Department of Fisheries and Oceans has committed to the support and implementation of this strategy.

Under Section 1.55 of the strategy Canada is committed to:
“Enhance efforts to conserve aquatic biodiversity by protecting species and ecosystems at risk, endemic species, vulnerable spawning areas and unique and representative ecosystems.”

Furthermore, under section 1.58 of the strategy Canada is committed to:
“Reduce to acceptable levels, or eliminate, adverse impacts of species introductions on aquatic biodiversity resulting from aquaculture projects, fisheries enhancement programs and interbasin transfers of water and organisms.”


B. Wildlife Policy for Canada

The Wildlife Ministers Council of Canada has endorsed a Wildlife Policy for Canada (Anon. 1990b). This policy recommends that introductions of a non-indigenous or genetically engineered species, including fish, be considered only if:

• No indigenous species is suitable for the purpose of the introduction;
• Clear and well-defined benefits to human or natural communities are foreseen;
• No known adverse environmental impact is foreseen, and some means of controlling the introduced population exists (such as predators or climate).

C. DFO Fish Habitat Management Policy

This policy is designed to achieve a net gain of productive capacity for fisheries resources. It provides a comprehensive framework for the conservation, restoration, and development of fish habitats, and strategies for the implementation of its various components. Regulations for this policy are under the Fisheries Act.


D. DFO Policy on Importation of Aquatic Organisms from Outside Canada

DFO's Assistant Deputy Minister, Science, reviews proposals to import aquatic organisms to Canada. The purpose of this Code is to ensure that decisions to import aquatic organisms are consistent across Canada, and that decisions are in compliance with international standards. Where there is a history of importation of certain species from sources in the USA, and there has been minimal negative impact on local fisheries resources, habitat or aquaculture, ADM authorization prior to importation is not required. Also, annual summaries of imported aquatic organisms are provided by regional DFO offices and provincial agencies for inclusion in Canada’s annual report to the ICES Working Group on Introductions and Transfers of Marine Organisms.


5. Provincial or Territorial Policies

DFO and/or provincial governments have established Transplant/Introductions Committees in most provinces. These committees assess proposals to introduce or transfer organisms to a province, and provide advice to the Decision-Making Authority on the acceptability of individual proposals. These committees do not have legislated or regulatory authority at present.

A range of policies on introductions and transfers of aquatic organisms have been prepared in individual provinces. Examples include:

• Newfoundland-Labrador – for salmonids and shellfish
• Prince Edward Island – for finfish, molluscs and crustaceans
• New Brunswick and Prince Edward Island – specific to rainbow trout
• Nova Scotia – for rainbow trout, Arctic charr (Salvelinus alpinus) and smallmouth bass (Micropterus dolomieui)
• New Brunswick – for salmonids
• Quebec – for live finfish
• Ontario – for all finfish
• Manitoba – for live baitfish
• Saskatchewan – for all species
• Alberta – for all species
• British Columbia – various species are included under:
  • Federal Policy on Atlantic Salmon Introductions
  • Federal/Provincial Policy on Pacific Salmon Introductions

Leach and Lewis (1991) provide detailed information on provincial policies related to introductions and transfers. These policies provide for health protection, and preservation of genetic diversity and ecological integrity of indigenous fish populations. The policies served as valuable building blocks with which to develop this national Code on introductions and transfers. Alberta has a formalised decision-making process described in Berry and Stenton (1993).


6. Regional Organizations

Regional organizations have been established in different parts of Canada and the USA, to improve co-ordination of efforts to minimize the negative impacts of human activities on fisheries resources. Examples follow of the organizations, and the standards or procedures that they have developed:

• Great Lakes Fishery Commission (GLFC – Comprising representatives from Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, Wisconsin, and Ontario, and the federal governments of Canada and the USA) - policies on fish disease control and health requirements for importation of salmonids, and a draft policy on introduction of exotic species.
• Great Lakes Panel on Aquatic Nuisance Species – The Panel is directed to identify priority exotic species issues in the Great Lakes; assist/make recommendations to the US Task Force on Aquatic Nuisance Species; coordinate exotic species program activities in the region; advise public and private interests on control efforts; and, submit an annual report to the Task Force describing prevention, research and control activities in the Great Lakes. The Panel membership is drawn from US and Canadian federal agencies, the eight Great Lakes states and the province of Ontario, regional agencies, user groups, local communities, tribal authorities, commercial interests and the university/research community.
• Pacific Northwest Fish Health Protection Committee (Alaska, California, Idaho, Montana, Oregon, Washington states, and USA federal government; observers from DFO Pacific and British Columbia attend) – standards for protecting the health of salmonid resources.
• BC Working Group on Non-Indigenous Species – together with its counterpart in Washington State, under the Joint Environmental Council, developing a strategy to prevent the unintentional introduction of non-indigenous species into the shared waters of Puget Sound and Georgia Basin (e.g. in ballast water).
• Proposed compact between North Dakota, South Dakota, Minnesota and USA federal government with Manitoba, Saskatchewan, Alberta and the Canadian federal government – co-operative procedures for control of the introduction of exotic species.

7. International Organizations/Agreements

Standards that affect introductions and transfers of aquatic organisms have been developed by international organizations and under bilateral/multilateral trade agreements. Examples include:

• United Nations
  • Convention on Biological Diversity
  • Convention on International Trade in Endangered Species (CITES).
• International Council for the Exploration of the Sea (ICES) – Code of Practice for Introduction and Transfer of Marine Organisms; to carry out an international review, ICES requests early notification of planned introductions which may affect joint water bodies.
• l'Office International des Epizooties (OIE) – International Aquatic Animal Health Code; to facilitate international trade, the Code (which is updated every two years) defines minimum health requirements for finfish, molluscs and crustacea to avoid the risk of spreading aquatic animal diseases.
• General Agreement on Tariffs and Trade (GATT) and World Trade Organization (WTO); Sanitary / Phytosanitary (SPS) Agreement – agreed-upon rules for the use of SPS measures in international trade.
• Canada-USA Free Trade Agreement (FTA) and North American Free Trade Agreement (NAFTA) – sanitary/phytosanitary measures considered acceptable for trade between Canada, USA, and Mexico.
• North American Commission (NAC) (Canada and USA of the North Atlantic Conservation Organization (NASCO) – protocols for the introduction and transfer of salmonids on the Atlantic seabord.
• International Joint Commission under the Boundary Waters Treaty Act.