Policies on Fisheries Act Authorizations related to Cetaceans in Captivity and Reproductive Materials of Cetaceans
March 2021
On this page
- Introduction
- General policy guidelines and principles
- Policies
- Request an authorisation, permit or licence
Introduction
In June 2019, provisions were introduced in the Fisheries Act and the Criminal Code aimed at ending the captivity of cetaceans.
As a result of these provisions, the following activities are prohibited, except where an authorization or a permit to conduct these activities is issued by the Minister of Fisheries, Oceans, and the Canadian Coast Guard pursuant to s. 23.1 to 23.4 of the Fisheries Act:
- To fish for a wild cetacean with the intent to take it into captivity; or,
- To import into Canada or export from Canada a living cetacean or sperm, an egg or an embryo of a cetacean.
The following activities also need to be authorized through a licence from the Minister of Fisheries, Oceans, and the Canadian Coast Guard pursuant to s. 23.1 to 23.4 of the Fisheries Act, or a licence issued by the relevant province, pursuant to s. 445.2 of the Criminal Code:
- To own, have the custody of or control a cetacean that is kept in captivity;
- To breed or impregnate a cetacean; or,
- To possess or seek to obtain reproductive materials of cetaceans, including sperm or an embryo.
The following policies have been established by Fisheries and Oceans Canada (DFO) to process applications aimed at obtaining authorizations, permits or licences from the Minister of Fisheries, Oceans, and the Canadian Coast Guard to conduct one or more of the activities described above.
Of note:
- Some exceptions apply with regard to the requirements to obtain a licence for keeping a cetacean in captivity or for conducting scientific research that would involve potential reproduction of a cetacean or obtaining possession of reproductive materials of cetaceans. Information on these exceptions are included in the detailed policies.
- In addition to applying for an authorization, permit or licence required under s. 23.1 to 23.4 of the Fisheries Act, it is the applicant’s obligation to obtain any other licence, permit, authorization or other document required under the Fisheries Act or any other Canadian law for conducting his or her activities related to cetaceans or reproductive materials of cetaceans. In this context, Canadian law includes federal, provincial and territorial legislation and regulations.
- Under the Criminal Code, it is prohibited to use captive cetaceans in performances for entertainment purposes, unless such performance is authorized pursuant to a licence issued by a province. This additional licensing authority is not covered by DFO policy, since, under the relevant Criminal Code provisions, it is an authority assigned solely to the province.
General policy guidelines and principles
The text below establishes detailed policy principles to guide the Minister of Fisheries, Oceans, and the Canadian Coast Guard in the exercise of his or her discretion in issuing authorizations, licences or permits under s. 23.1 to 23.4 of the Fisheries Act.
In all cases, the Minister retains absolute discretion to make exceptions to these principles. The Minister may also impose any conditions that he or she considers appropriate in the authorizations, permits or licences issued under s. 23.1 to 23.4 of the Fisheries Act.
The amendments to s. 23.1 to 23.4 of the Fisheries Act and s. 445.2 of the Criminal Code aimed at ending the captivity of cetaceans, as well as policies that support the operationalization of these legislative provisions, do not change protections provided for under existing Indigenous or treaty rights related to the harvest of wild cetaceans.
The main intent of s. 23.1 to 23.4 of the Fisheries Act, as well as s. 445.2 of the Criminal Code, is to phase out the captivity of cetaceans in Canada. With regard to the addition of new cetaceans in captivity in Canada, decisions will be informed by the following principles:
- A cetacean should not be fished with the intent that it be kept in captivity except in special circumstances that could significantly benefit the cetacean’s welfare, or the conservation of wild cetacean species through scientific research.
- A living cetacean should not be imported into Canada, except in circumstances in which the importation could significantly benefit the cetacean’s welfare, or the conservation of wild cetacean species through scientific research.
- New cetaceans should not be added to those already in captivity in Canada through natural breeding or manipulated reproduction that would occur in captivity.
Additionally, with regard to potential exports of living cetaceans or reproductive materials of cetaceans from Canada, the Minister of Fisheries, Oceans, and the Canadian Coast Guard, in making licensing or permitting decisions, will be guided by the following principles:
- Consistent with the permitting mechanisms established in the Fisheries Act, DFO sees value in protecting the welfare of captive cetaceans and conducting scientific research on captive cetaceans or reproductive materials of cetaceans, particularly when this research can support the conservation of wild stocks of cetaceans.
- DFO’s policies generally support the export of captive cetaceans to foreign facilities for welfare or scientific purposes. Reproductive materials of cetaceans may also be exported to support scientific research. DFO’s main restriction is that natural breeding or manipulated reproduction of cetaceans to replenish captive stocks should be avoided.
In applying these policies, a decision that is in the best interests of the cetacean’s welfare means a decision that aims to improve or maintain (i.e., prevent a decline in) the health and well-being of the animal. As part of his or her decision, the Minister may consider, inter alia, whether the captive conditions promote or protect the animal’s physical health, autonomy, healthy social groupings, or the expression of natural behaviours.
Policies
- Policy for obtaining a Ministerial authorization to fish for a cetacean with the intent to take it into captivity
- Policy for obtaining a Ministerial permit authorizing the import or export of a living cetacean
- Policy for obtaining a Ministerial permit authorizing the import or export of sperm, an egg or an embryo of a cetacean
- Policy for obtaining a Ministerial licence to keep a cetacean in captivity, or to breed or impregnate a cetacean, or to obtain or seek to obtain reproductive materials of cetaceans, for the purpose of conducting scientific research
- Policy for obtaining a Ministerial licence to keep a cetacean in captivity in the best interests of the cetacean’s welfare
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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