PART 2 – THE CODE

Table of Contents

2.1 Authority

2.1.1 Section 43 of the Fisheries Act provides enabling authority for the Governor in Council to make Regulations for the conservation and protection of fisheries resources, including the taking or carrying of fish or any part thereof from one province to any other province. The authority to issue licences permitting the release of live fish has been delegated to provincial Ministers in only some provinces; the federal Minister of Fisheries and Oceans retains this power in the other provinces and the territories. This Code establishes the principles and standards for the intentional introduction and/or transfer of aquatic organisms in order to protect these resources.

2.2 Guiding Principles

2.2.1 The federal, provincial, and territorial governments intend to work cooperatively to apply this Code to federal and provincial regulations and policies dealing with intentional introductions and transfers. The Code will be national in scope and will be applied fairly, equitably, and consistently.

2.2.2 Needs and benefits must be evident and well defined for human or natural resource communities for the introduction or transfer of aquatic organisms.

2.2.3 Use of suitable indigenous species for intentional release to unconfined waters from within the aquatic zone or watershed is preferable to the introduction of an exotic species or transfer of indigenous species from other distinct stocks (within and outside Canada). However, there may be instances where it is preferable to use a non-indigenous species that is reproductively isolated from indigenous stocks or that would be unable to survive in the wild.

2.2.4 Ecological risks and benefits of introductions and transfers will be assessed prior to movement, except for those cases which have been reviewed and deemed exempt (see Appendix II A 2).

2.2.5 Assessment of proposals from an ecological perspective will include a review of potential genetic and disease impacts on indigenous fisheries resources, aquaculture operations and habitat.

2.2.6 In the spirit of the 1999 Agreement on Interjurisdictional Cooperation with Respect to Fisheries and Aquaculture, consultations should take place between and among neighboring jurisdictions, (including those in the USA and France) on proposals to introduce exotic species, or to extend the range of organisms, in shared watersheds. Neighboring jurisdictions should also be consulted if an introduction, transfer or range extension proposal might impact stocks within a watershed but outside the receiving province (see Appendix II for more details). The advice of the I&T Committee of the affected jurisdiction should be included with the advice provided to the Decision-Making Authority by the I&T Committee in the originating province or territory. Interested parties (e.g. local groups, Aboriginal Groups, commercial fishermen and aquaculturists) should also be consulted prior to the introduction of an exotic species. Because Canada is a signatory to ICES , proposals to introduce exotic species, which may impact on jurisdictions outside of Canada should also be reviewed through the ICES process. Where arrangements do not already exist, Canada should seek to be included in discussions about proposed introductions into watersheds shared with the United States and France.

2.2.7 The initial introduction of an exotic aquatic organism into Canada that may affect neighbouring jurisdictions should be consistent with the ICES (1995, 2003) Codes of Practice on the Introductions and Transfers of Marine Organisms. The ICES Code describes a step-by-step process, from holding of the imported organisms in quarantine in a containment facility, to small-scale testing in a containment facility in the local environment, to final release in the natural habitat. Throughout the course of a project, and based on the results of monitoring, procedural adjustments may be required or a decision to terminate may be necessary. Subsequent introductions could be modified based on the advice of the Introductions and Transfers Committee if there is a low risk of negative impacts.

2.2.8 ‘Uncertainty’ is unavoidable in the development of a risk assessment. In such cases, the Precautionary Approach will be adopted. “States should apply the precautionary approach widely to conservation, management and exploitation of living aquatic resources in order to protect them and preserve the aquatic environment. The absence of adequate scientific information should not be used as a reason for postponing or failing to take conservation and management measures” (FAO 1996, 2001). If the outcome (impact) is uncertain, priority should be given to conserving the productive capacity of the native resource.


2.3 Intent

2.3.1 A risk assessment based on the classifications of high, medium and low risk will form the basis of advice on all requests for introductions and transfers of aquatic organisms. In most cases, unless additional mitigation measures are taken, or included, the advice should be that the introduction or transfer not proceed if the level of risk is determined to be medium or high.


2.4 The Code

2.4.1 Where Introductions and Transfers Committees or their equivalents do not exist, they will be established in each province or region by the agency or agencies responsible for administering fisheries and/or aquaculture. Each Committee will provide advice to the Decision-Making Authority, on proposals to introduce or transfer aquatic organisms (see Figure 1). Each Committee will develop procedures that are consistent with this Code and keep records of all applications for introductions and transfers received throughout the year and the decisions reached on such applications. These will be reported to the Aquaculture Science Branch, DFO, Ottawa. Each jurisdiction should be responsible for consulting and seeking advice from those principal stakeholders and Aboriginal Groups that could be affected by introductions and transfers.

2.4.2 Proponents must obtain authorization to undertake the following procedures for the release of certain specified aquatic organisms into fish-bearing waters or fish-rearing facilities: to import the organisms from sources outside Canada; to ship species, not native to the receiving province, from another province or territory of Canada; to extend the range of an organism within a province; or, to transfer aquatic organisms within or between provinces.

2.4.3 The Code recognizes that ongoing historic as well as routine transfers and introductions have occurred within Canada. It is the intent of the Code to enable such transfers and introductions to continue at the discretion of the local authority. The process for handling new introductions or transfers of aquatic organisms requests is outlined in Figures 1 and 2. In the absence of alternative federal-provincial agreements, the Regional Director-General/Assistant Deputy Minister Science (DFO) will adjudicate applications.

2.4.4 Proponents whose applications for permits are rejected may appeal to the appropriate authority (Figure 2).

2.4.5 Proposals to introduce aquatic organisms that are exotic or that may result in a range extension require biological assessments of the impacts on indigenous fisheries resources, habitat and aquaculture, as well as a plan for monitoring any negative impacts arising from the introduction. Additional non-ecological analyses, while important, should be conducted as an adjunct to or after the conduct of the ecological risk assessment and at the discretion of the body with authority over the approval process. Information requested of the proponent is listed in Appendix III and the Aquatic Organism Risk Assessment procedure and Organism Risk Assessment Summary Report Form are given in Appendices IV and V. Proponents may be required to bear the cost of all such risk assessments.

2.4.6 Approvals to import organisms may have conditions attached, such as the requirement for holding in quarantine facilities in Canada, additional disease testing, or reproductive sterilization.

2.4.7 Species exotic to a province should 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. Organisms will only be released from containment after all quarantine conditions have been met.

2.4.8 Introductions and transfers of aquatic organisms must be in compliance with all other national and provincial legislation, regulations, and policies.

2.4.9 A national Registry on Introductions and Transfers will be established and maintained by the Aquaculture Science Branch, DFO, Ottawa. Annual summary reports of introductions and transfers of aquatic organisms in Canada will be issued from the National Registry for public information. All jurisdictions will work together towards the establishment of a shared electronic risk assessment library and a national registry system.


2.5 Application of the Code

2.5.1 The Code will apply to:

• Introduction of a species exotic to the waters of a province or territory;
• Transfer of indigenous or naturalised exotic species from other countries and between provinces or territories;
• Deliberate range extension of a species within a province or territory; and,
• Transfers of indigenous or naturalised exotic species within a province or territory if there is no other review process.