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 Act c, 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
Interpretation
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)
General
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.
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.
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.
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.
Prohibitions
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.
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.
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.
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.
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.
Exemptions
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).
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.
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.
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.
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.
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.
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.
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 responsible for managing and controlling aquatic invasive species;
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 responsible for managing and controlling aquatic invasive species; and
for Yukon, the territorial Minister of Environment.
Compliance and Enforcement
Control and Eradication
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).
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.
Subsection (3) does not apply in respect of aquaculture activities if the deposit of a deleterious substance is otherwise authorized under the Act.
The Minister may amend, suspend or cancel an authorization issued by the Minister under subsection (3).
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.
drugs whose sale is permitted or otherwise authorized, or whose importation is not prohibited, under the Food and Drugs Act;
pest control products that are registered, or whose use is authorized, under the Pest Control Products Act; and
other substances that are identified on the label of a pest control product referred to in paragraph (b), including reactants, agents to remove taste and odours and detoxifying or neutralizing agents, when used with that product.
Measures and Directions
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.
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.
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)
to determine whether the species is an aquatic invasive species;
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, 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).
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.
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.
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.
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
is engaged in any activity that may lead or has led to the introduction or spread of the species.
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.
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 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, 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 (a) or a carrier or to treat a conveyance or structure where a member of the species is found.
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
is engaged in any activity that may lead or has led to the introduction or spread of the species.
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.
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.
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;
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.
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.
must follow the requirements specified in the direction; and
is prohibited from engaging in any activity contrary to the requirements specified in the direction.
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.
Consequential Amendments
Manitoba Fishery Regulations, 1987
[Amendments]
[Amendment]
[Amendment]
Fishery (General) Regulations
[Amendment]
[Amendment]
[Amendment]
Ontario Fishery Regulations, 2007
[Amendments]
[Amendment]
[Amendment]
[Amendment]
[Amendment]
Coming into Force
These Regulations come into force on the day on which they are registered.
PART 2 Species Subject to Prohibitions and Controls Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Item Common Name Scientific Name Condition Area — Importation Prohibited Area — Possession Prohibited Area — Transportation Prohibited Area — Release Prohibited 1 Grass carp Ctenopharyngodon idella Dead and eviscerated Canada Canada Canada Canada 2 Bighead carp Hypophthalmichthys nobilis Dead and eviscerated Canada Canada Canada Canada 3 Silver carp Hypophthalmichthys molitrix Dead and eviscerated Canada Canada Canada Canada 4 Black carp Mylopharyngodon piceus Dead and eviscerated Canada Canada Canada Canada 5 Zebra mussel Dreissena polymorpha British Columbia, Alberta, Saskatchewan and Manitoba British Columbia, Alberta, Saskatchewan and Manitoba British Columbia, Alberta, Saskatchewan and Manitoba 6 Quagga mussel Dreissena bugensis British Columbia, Alberta, Saskatchewan and Manitoba British Columbia, Alberta, Saskatchewan and Manitoba British Columbia, Alberta, Saskatchewan and Manitoba 7 Any species of the snakehead family Any species of the family Channidae Dead and eviscerated Ontario Ontario Ontario 8 Ruffe Gymnocephalus cernua Dead Ontario and Manitoba Ontario and Manitoba Ontario and Manitoba 9 Rudd Scardinius erythropthalmus Dead Ontario and Manitoba Ontario and Manitoba Ontario and Manitoba 10 Round goby Neogobius melanostomus Dead Ontario and Manitoba Ontario and Manitoba Ontario and Manitoba 11 Tubenose goby Proterorhinus semilunaris Dead Ontario and Manitoba Ontario and Manitoba Ontario and Manitoba 12 Sea lamprey Petromyzon marinus Dead Manitoba Manitoba Manitoba 13 Arctic lamprey Lethenteron camtschaticum Dead Manitoba Manitoba Manitoba 14 Siberian sturgeon Acipenser baerii Dead Manitoba Manitoba Manitoba 15 Russian sturgeon Acipenser gueldenstaedtii Dead Manitoba Manitoba Manitoba 16 Thorn sturgeon Acipenser nudiventris Dead Manitoba Manitoba Manitoba 17 Sterlet sturgeon Acipenser ruthenus Dead Manitoba Manitoba Manitoba 18 Stellate sturgeon Acipenser stellatus Dead Manitoba Manitoba Manitoba 19 Beluga sturgeon Huso huso Dead Manitoba Manitoba Manitoba 20 Pallid sturgeon Scaphirhynchus albus Dead Manitoba Manitoba Manitoba 21 Shortnose sturgeon Acipenser brevirostrum Dead Manitoba Manitoba Manitoba 22 Shovelnose sturgeon Scaphirhynchus platorynchus Dead Manitoba Manitoba Manitoba 23 Paddlefish Polyodon spathula Dead Manitoba Manitoba Manitoba 24 Spotted gar Lepisosteus oculatus Dead Manitoba Manitoba Manitoba 25 Longnose gar Lepisosteus osseus Dead Manitoba Manitoba Manitoba 26 Shortnose gar Lepisosteus platostomus Dead Manitoba Manitoba Manitoba 27 Bowfin Amia calva Dead Manitoba Manitoba Manitoba 28 Alewife Alosa pseudoharengus Dead Manitoba Manitoba Manitoba 29 Gizzard shad Dorosoma cepedianum Dead Manitoba Manitoba Manitoba 30 Rainbow smelt Osmerus mordax Dead Manitoba Manitoba Manitoba 31 Bitterling All species of the genera Rhodeus and Tanakia Dead Manitoba Manitoba Manitoba 32 Carp bream Abramis brama Dead Manitoba Manitoba Manitoba 33 Schneider or Chub Alburnoides bipunctatus Dead Manitoba Manitoba Manitoba 34 Barbel Barbel barbus Dead Manitoba Manitoba Manitoba 35 Crucian carp Carassius carassius Dead Manitoba Manitoba Manitoba 36 Gudgeon Gobio gobio gobio Dead Manitoba Manitoba Manitoba 37 Red shiner Cyprinella lutrensis Dead Manitoba Manitoba Manitoba 38 Utah chub Gila atraria Dead Manitoba Manitoba Manitoba 39 European chub Leuciscus cephalus Dead Manitoba Manitoba Manitoba 40 Orfe or Ide Leuciscus idus Dead Manitoba Manitoba Manitoba 41 Common dace Leuciscus leuciscus Dead Manitoba Manitoba Manitoba 42 Czekanowski’s minnow Phoxinus czekanowskii Dead Manitoba Manitoba Manitoba 43 Swamp minnow Phoxinus perenurus Dead Manitoba Manitoba Manitoba 44 Eurasian minnow Phoxinus phoxinus Dead Manitoba Manitoba Manitoba 45 Kutum Rutilus frisii Dead Manitoba Manitoba Manitoba 46 Roach Rutilus rutilus Dead Manitoba Manitoba Manitoba 47 Tench Tinca tinca Dead Manitoba Manitoba Manitoba 48 Vimba Vimba vimba Dead Manitoba Manitoba Manitoba 49 White cloud minnow Tanichthys albonubes Dead Manitoba Manitoba Manitoba 50 Lake chubsucker Erimyzon sucetta Dead Manitoba Manitoba Manitoba 51 Stone loach Barbatula barbatula Dead Manitoba Manitoba Manitoba 52 Oriental weatherfish Misgurnus anguillicaudatus Dead Manitoba Manitoba Manitoba 53 Walking catfish Clarias batrachus Dead Manitoba Manitoba Manitoba 54 White catfish Ameiurus catus Dead Manitoba Manitoba Manitoba 55 Yellow bullhead Ameiurus natalis Dead Manitoba Manitoba Manitoba 56 Slender madtom Noturus exilis Dead Manitoba Manitoba Manitoba 57 Margined madtom Noturus insignis Dead Manitoba Manitoba Manitoba 58 Brindled madtom Noturus miurus Dead Manitoba Manitoba Manitoba 59 Freckled madtom Noturus nocturnus Dead Manitoba Manitoba Manitoba 60 Northern madtom Noturus stigmosus Dead Manitoba Manitoba Manitoba 61 Flathead catfish Pylodictis olivaris Dead Manitoba Manitoba Manitoba 62 Wels catfish Silurus glanis Dead Manitoba Manitoba Manitoba 63 Western mosquitofish Gambusia affinis Dead Manitoba Manitoba Manitoba 64 Fourspine stickleback Apeltes quadracus Dead Manitoba Manitoba Manitoba 65 Threespine stickleback Gasterosteus aculeatus Dead Manitoba Manitoba Manitoba 66 Blackspotted stickleback Gasterosteus wheatlandi Dead Manitoba Manitoba Manitoba 67 Bullhead or Miller’s thumb Cottus gobio gobio Dead Manitoba Manitoba Manitoba 68 White perch Morone americana and hybrids Dead Manitoba Manitoba Manitoba 69 Yellow bass Morone mississippiensis and hybrids Dead Manitoba Manitoba Manitoba 70 Striped bass Morone saxatilis and hybrids Dead Manitoba Manitoba Manitoba 71 Green sunfish Lepomis cyanellus Dead Manitoba Manitoba Manitoba 72 Orangespotted sunfish Lepomis humilis Dead Manitoba Manitoba Manitoba 73 Longear sunfish Lepomis megalotis Dead Manitoba Manitoba Manitoba 74 Northern sunfish Lepomis peltastes Dead Manitoba Manitoba Manitoba 75 Zander Sander lucioperca Dead Manitoba Manitoba Manitoba 76 Volga pikeperch Sander volgensis or Sander marinus Dead Manitoba Manitoba Manitoba 77 Snakehead Channa argus Dead and eviscerated Manitoba Manitoba Manitoba 78 European stream valvata Valvata piscinalis Dead Manitoba Manitoba Manitoba 79 Chinese mystery snail Cipangopaludina chinensis Dead Manitoba Manitoba Manitoba 80 New Zealand ud snail Potamopyrgus antipodarum Dead Manitoba Manitoba Manitoba 81 Mud bithynid Bithynia tentaculata Dead Manitoba Manitoba Manitoba 82 Big-eared radix Radix auricularia Dead Manitoba Manitoba Manitoba 83 Asian clam Corbicula fluminea Dead Manitoba Manitoba Manitoba 84 Greater european peaclam Pisidium amnicum Dead Manitoba Manitoba Manitoba 85 Henslow peaclam Pisidium henslowanum Dead Manitoba Manitoba Manitoba 86 European fingernail clam Sphaerium corneum Dead Manitoba Manitoba Manitoba 87 Spiny water flea Bythotrephes cederstroemi Dead Manitoba Manitoba Manitoba 88 Fish hook water flea Cercopagis pengoi Dead Manitoba Manitoba Manitoba 89 Rusty crayfish Orconectes rusticusi Dead Manitoba Manitoba Manitoba PART 3 Species Subject to Controls Only in Areas Where They Are Not Indigenous Column 1 Column 2 Item Common Name Scientific Name 1 Club tunicate Styela clava 2 Vase tunicate Ciona intestinalis 3 Golden Star tunicate Botryllus schlosseri 4 Violet tunicate Botrylloides violaceus 5 Didemnum Didemnum vexillum 6 Bloody red shrimp Hemimysis anomala 7 European green crab Carcinus maenas 8 Chinese mitten crab Eriocheir sinensis 9 Smallmouth bass Micropterus dolomieu 10 Largemouth bass Micropterus salmoides 11 Northern pike Esox lucius 12 Pumpkinseed Lepomis gibbosus 13 Walleye Sander vitreus 14 Yellow perch Perca flavescens
Interpretation
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)
The geographic coordinates in this schedule are in reference to the North American Datum 1983 (NAD83).