Aquatic Invasive Species Regulations (SOR/2015-121)

Regulations are current to 2019-07-01

Aquatic Invasive Species Regulations

SOR/2015-121

FISHERIES ACT

Registration 2015-05-29

Aquatic Invasive Species Regulations

P.C. 2015-633 2015-05-28

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)Footnote a and (2)Footnote b of the Fisheries ActFootnote c, makes the annexed Aquatic Invasive Species Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Act

Act means the Fisheries Act. (Loi)

aquatic invasive species

aquatic invasive species means a species set out in Part 2 or 3 of the schedule. (espèce aquatique envahissante)

indigenous

indigenous, in respect of an aquatic species, means that the species originated naturally in a particular region or body of water. (indigène)

General

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Prohibitions

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Exemptions

Marginal note: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.

Marginal note: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.

Marginal note:Exemption for authorized purposes

  •  (1) 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

    • (a) to employees or any other person acting under the direction of

      • (i) an educational institution,

      • (ii) a research facility,

      • (iii) a zoo or aquarium, or

      • (iv) a federal or provincial department with a mandate to manage or control aquatic invasive species; and

    • (b) to persons engaged in the activities authorized under subsection 19(3).

  • Marginal note:Permit, licence or authorization required

    (2) 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:

Marginal note: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.

Marginal note:Exemption — certain diploid grass carp

  •  (1) 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.

  • Marginal note:Exemption — triploid grass carp

    (2) 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.

Marginal note: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.

Marginal note:Exemption if otherwise regulated

  •  (1) Sections 6 to 10 and directions given under subsections 22(2), 26(1) and 27(1), do not apply

  • Marginal note:Exemption for some vessels

    (2) A fishery officer or fishery guardian must not take the measures referred to in subsection 25(1) in respect of

    • (a) ballast water and sediments, in the case of any vessel to which section 2 of the Ballast Water Control and Management Regulations applies or any vessel exempted under paragraph 2(3)(a) or (b) of those Regulations from the application of those Regulations; or

    • (b) the biofouling of a vessel that is over 24 m in length.

  • Definition of biofouling

    (3) 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.

 
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