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Policy for obtaining a Ministerial permit authorizing the import or export of a living cetacean

Introduction

No person shall import into Canada or export from Canada a living cetacean, except in accordance with a permit issued by the Minister of Fisheries, Oceans, and the Canadian Coast Guard. Pursuant to s. 23.2 (2) of the Fisheries Act, the Minister may issue an import or export permit for a living cetacean if it is for the purpose of (a) conducting scientific research; or (b) keeping the cetacean in captivity if it is in the best interests of the cetacean’s welfare to do so.

It is understood that the legislators granted this authority to the Minister with the expectation that he or she would use it to authorize the import or export of a cetacean as long as the proposed transfers are based on relevant considerations related to scientific research or the cetacean’s welfare.

Given that importing or exporting cetaceans may involve risks and challenges for the animals, each request for transfer will be given due consideration through an assessment of the individual animals and their special circumstances. In the case of a transfer request to conduct scientific research, particular attention will be given to the value and validity of the proposed research, as well as to the adequacy of the Animal Care and Use Protocols associated with the proposed scientific studies. In the case of a transfer request made in the best interests of the cetacean’s welfare, particular attention will be given to whether or not the transfer will be prejudicial to the cetacean’s captivity conditions and will support the quality of life of the animal.Footnote 1

Conditions for obtaining an import or an export permit to conduct scientific research on a cetacean

Conditions for both import and export:

  1. The applicant must provide details (i.e., specific hypothesis, objectives, methods and protocols, publication intention and, based on the proposed research, potential additional information to be indicated by DFO) for each scientific study that is being planned relevant to the transfer request.
    1. The Animal Care and Use Protocols associated with the proposed scientific studies must be consistent with or exceed relevant ethical, transportation, care and scientific guidelines published by the Canadian Council of Animal Care (CCAC);Footnote 2
  2. The applicant must submit a list of scientific publications that demonstrate that the researchers involved in the proposed research activities have published work that is relevant to the broader marine mammal science community;
  3. If a wild cetacean is to be transferred from a rescue center to a permanent facility, the applicant must submit an assessment explaining why the cetacean cannot be released into the wild, which must be consistent with the most up to date DFO scientific advice (e.g. DFO. 2018. Advice on Criteria for the Release of Rehabilitated Marine Mammals. 11pp. SAR 2018/026);

Additional condition for import only:

  1. The broad research program, priorities and methodologies at the destination facility must show potential for increase of knowledge that is considered important by DFOFootnote 3 (i.e. a priority) to support conservation efforts of wild stocks of cetaceans found in Canadian fisheries waters;

Additional conditions for export only:

  1. The broad research program, priorities and methodologies at the destination facility must show potential for increase of knowledge that could be useful to Canadian research priorities and/or the conservation of wild stocks of cetaceans in their natural habitat inside or outside Canadian fisheries waters;
  2. The destination facility must be accredited by one or more of the listed accrediting organizations: Humane Certifiedtm zoo/aquarium; the United States Association of Zoos and Aquariums (AZA) and the Alliance of Marine Mammal Parks and Aquariums (Alliance); and/or, the European Association for Aquatic Mammals (EAAM).
    1. Other internationally recognized accreditations not included in the above list may be accepted if the applicant provides documentation demonstrating that the standards of care are operationally proven for cetaceans, and are consistent with or exceed the standards established by the CCAC; and,
  3. The application must be supported by commitments from the destination facility to uphold animal welfare practices and research priorities that are consistent with Canada’s values and interestsFootnote 4 such as:
    1. the destination facility will not breed or impregnate the cetacean being exported from Canada;
    2. on an ongoing basis, the destination facility will minimize any potential for pain and distress to be experienced by the animal and protect the animal’s welfare;
    3. unless extenuating circumstances arise, the destination facility will not re-transfer the cetacean to another facility.

Conditions for obtaining an import or export permit of a living cetacean for reasons related to the cetacean’s welfare

Conditions for import only:

Permits to import a living cetacean for welfare purposes will be issued only in exceptional circumstances, where it is demonstrated that it is the best option available for the cetacean’s welfare.

  1. The applicant must submit a written justification explaining why importing the cetacean into the proposed Canadian facility is in the best interests of the cetacean’s welfare.
    1. This justification must include information on the other options that have been considered and why they should not be preferred;
    2. As relevant, the applicant must provide a comparative review of the current foreign facility and proposed Canadian facility with regard to the standards of care, public display or useFootnote 5 of the cetacean, and quality of life of the cetacean (which includes a description of the environmental and social conditions provided to the captive cetacean);
  2. The applicant must submit a document describing the mitigation strategies that will be used to minimize risks related to the transportation and the integration of the cetacean into its new environment (these risks include the removal from tanks, transport by truck(s) and plane(s), introduction to the new captive environment and the potential impacts on the other captive cetaceans); and,
  3. The standards of care at the Canadian destination facility must be consistent with or exceed the “CCAC guidelines on: the care and use of marine mammals”.

Conditions for export only:

Permits to export a cetacean for welfare purposes may be issued for reasons such as: if the cetacean does not have an appropriate captivity companion in the Canadian facility in which it is kept; if a recently rescued cetacean cannot be released into the wild; or, if a Canadian aquarium encounters significant operational difficulties and seeks to export one or more cetaceans to a foreign facility.

  1. The applicant must provide information on any other options that may have been considered before seeking the export permit;
  2. The applicant must submit a document describing what types of physical, social and environmental stimulations the cetacean will encounter at the destination facility.
    1. The destination facility should offer appropriate companionship for the cetacean; appropriate cetacean husbandry (e.g. training cannot be based on punishment or food deprivation); and public display or use of the cetacean that does not involve significant risks to the cetacean’s health and safety;
  3. The applicant must submit a document describing the mitigation strategies that will be used to minimize risks related to the transportation and the integration of the cetacean into its new environment (these risks include the removal from tanks, transport by truck(s) and plane(s), introduction to the new captive environment and the potential impacts on the other captive cetaceans);
  4. The destination facility must be accredited by one or more of the listed accrediting organizations: Humane Certifiedtm zoo/aquarium; the United States Association of Zoos and Aquariums (AZA) and the Alliance of Marine Mammal Parks and Aquariums (Alliance); and/or, the European Association for Aquatic Mammals (EAAM).
    1. Other internationally recognized accreditations not included in the above list may be accepted if the applicant provides documentation demonstrating that the standards of care are operationally proven for cetaceans, and are consistent with or exceed the standards established by the CCAC;
  5. The application must be supported by commitments from the destination facility to uphold animal welfare practices that are consistent with Canada’s values and interestsFootnote 6 such as:
    1. the destination facility will not breed or impregnate the cetacean being exported from Canada;
    2. on an ongoing basis, the destination facility will minimize any potential for pain and distress to be experienced by the animal and protect the animal’s welfare;
    3. unless extenuating circumstances arise, the destination facility will not re-transfer the cetacean to another facility; and,
  6. If a wild cetacean is to be transferred from a rescue center to a permanent facility, the applicant must submit an assessment explaining why the cetacean cannot be released into the wild, which must be consistent with the most up to date DFO scientific advice (e.g. DFO. 2018. Advice on Criteria for the Release of Rehabilitated Marine Mammals. 11pp. SAR 2018/026).

Request an authorisation, permit or licence

If you are seeking to obtain an authorization, permit or licence under the Fisheries Act in relation to captive cetaceans or reproductive materials of cetaceans, you can contact Fisheries and Oceans Canada through the following email address: CCO-BCC_Info@dfo-mpo.gc.ca.

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