Appendix II: IMPLEMENTATION GUIDELINES

Table of Contents

This Appendix provides a general outline of the Roles and Responsibilities of the various entities involved in the Introductions and Transfers process. However, due to some legislative delegation of powers and inter-jurisdictional agreements, as well as the unique arrangements under land claims agreements, the roles and responsibilities may vary somewhat in some jurisdictions.

Roles and Responsibilities

A) Roles and Responsibilities of the Minister of Fisheries and Oceans and/or the Provincial Minister include:

1) Propose future amendments to the Code to Canadian Council of Fisheries and Aquaculture Ministers.

2) Exempt certain transfers of organisms or classes of organisms from the requirements of this Code if their importation presents minimal risk of negative impact on fisheries resources, habitat, or aquaculture. Exemptions must be subject to regular review by the regional Introduction and Transfers Committee.

3) Consider appeals by proponents whose applications for licences for introductions or transfers originating outside of Canada are rejected. Communicate appeal decisions to Decision-Making Authority for action as necessary.

4) Ensure compliance with the Fisheries Act and its attendant Regulations respecting unauthorized releases of live fish into fish habitat, transfers of live fish into fish rearing facilities and the importation of cultured fish or eggs of indigenous fish.

B) Roles and Responsibilities of the Assistant Deputy Minister (ADM), Science, include:

1) Review proposals to ensure national consistency, and approve or reject new/initial proposals to import exotic aquatic organisms from sources outside Canada.

2) Indicate approval to the Regional Director-General so that he or she may issue an import licence.

3) Consider appeals by proponents whose applications for licences for introductions or transfers originating from another province are rejected. Communicate appeal decision to Decision-Making Authority for action as necessary.

C) Roles and Responsibilities of the Regional Director-General and/or Provincial Director include:

1) Determine composition of Introductions and Transfers Committees, taking into account the need for balance between wild stock conservation, enhancement, sport and commercial fishing, and aquaculture mandates.

2) Review and approve or reject proposals to introduce or transfer organisms from another province based in part on advice from the regional Introductions and Transfers Committee.

3) Ensure that proposals have been discussed to incorporate provincial concerns.

4) As appropriate, consult and seek advice from the principal groups that could be affected by introductions and transfers (e.g. local groups, Aboriginal Groups, commercial and recreational fishermen). Responses to such consultation should be documented, in case of an appeal.

5) Issue import permits or licences.

6) Consider appeals by proponents whose applications for permits or licences for intraprovincial transfers are rejected. Communicate appeal decisions to Introductions and Transfer Committee for action as necessary.

D) Roles and Responsibilities of the Proponent include:

1) Obtain authorization to: import aquatic organisms within or from sources outside Canada; ship exotic species from one province or territory of Canada to another; extend the range of an organism within a province or territory; or, transfer aquatic organisms within or between provinces.

2) Prepare a detailed description of the life history features of the proposed species, the characteristics of the receiving waters, and the potential for interactions with native species so that the Introductions and Transfers Committee can conduct biological risk assessments of the impacts on indigenous fisheries resources, habitat, aquaculture, and the aquatic community.

3) If required by the authorising jurisdiction, prepare a risk assessment (Appendix IV) for review by the Introductions and Transfers Committee.

E) Roles and Responsibilities of the Introductions and Transfers Committees include:

1) Provide advice to the Decision-Making Authority (Regional Director-General DFO, ADM Science-DFO, and/or a provincial Minister/Director of Fisheries) on proposals to introduce or transfer aquatic organisms.

2) Develop procedures that are consistent with this Code.

3) Report records of all approved introductions and transfers to the National Registry on Introductions and Transfers, Aquaculture Science Branch, DFO, Ottawa .

4) Conduct, or have conducted and evaluate, the biological risk assessment of the impacts of the proposed introduction on indigenous fisheries resources, habitat and aquaculture.

5) Assess the plan of action for controlling any negative impacts from the introduction (which are possible even though only applications with low potential for negative impact are approved).

6) Develop mitigation conditions for proposals to import organisms as required, such as, but not exclusive to, the requirement for holding in quarantine facilities in Canada, additional disease testing, or reproductive sterilization.

7) Inform (via DFO as appropriate) neighboring jurisdictions, including those in the USA and France, that could be affected by the proposed introduction or range extension.

8) Ensure that there are measures in place so that the exotic species will only be introduced in a systematic manner, first in quarantine facilities to test for pathogens of concern, then in facilities where there is low risk of escape so as to test adaptability of the organisms to survive in the natural environment. Release organisms from containment only when the potential negative impacts of the release on the ecological and genetic health of fisheries resources, habitat and aquaculture have received full consideration and have been assessed to be of minimal risk.

9) Issue licences for introductions and transfers for applications where the Introductions and Transfers Committee is the Decision-Making Authority.

10) Communicate the Code, its application and implications to stakeholders.

F) Roles and Responsibilities of the Aquaculture Science Branch include:

1) Maintain a National Registry on Introductions and Transfers. Issue annual summaries of introductions and transfers of aquatic organisms in Canada from the National Registry for public information.

2) Convene an annual meeting of Introductions and Transfers Committee chairs to review and discuss procedures and problems in implementing the Code.

3) Coordinate the preparation of an annual report for the Canadian Council of Fisheries and Aquaculture Ministers on introductions and transfers requests and their outcomes.

4) Communicate the Code, its application and implication and any future changes to stakeholders.

G) Establishing a Dispute Avoidance Procedure

1) As the introduction or transfer of a species is subject to a rigorous risk assessment procedure, officials in neighbouring jurisdictions can be reasonably certain that a province or territory will take into account the probability of a species crossing provincial/territorial borders through adjoining waters, as they make their decision. If a jurisdiction receives a proposal for the introduction or transfer of a species in a shared watershed and the species is likely to cross borders, it will consult with its affected neighbours, prior to making a decision, and inform them of its decision as soon as possible, ensuring that there is enough time for a response prior to any further action being taken.

2) In keeping with the spirit of the 1999 Agreement on Interjurisdictional Cooperation with Respect to Fisheries and Aquaculture ? which all jurisdictions have signed ? every effort will be made to come to a mutually satisfactory resolution of the issue through any avenue to which they might agree. If after such notification has taken place, and after discussing the issue amongst themselves they have not resolved it to their mutual satisfaction, the jurisdiction wishing to proceed with the introduction or transfer will publicly announce their decision to do so. This would be done to ensure that the public interest is protected, as such contentious introductions or transfers decisions would be made openly, giving interested parties the opportunity to voice their opinions.

3) If, after the decision to proceed is made, a neighbouring provincial jurisdiction still believes that the introduction or transfer presents unacceptable risk to the aquatic ecosystems in their jurisdiction, it should have the opportunity to appeal the decision.