Policy for obtaining a Ministerial permit authorizing the import or export of sperm, an egg or an embryo of a cetacean

Introduction

No person shall import into Canada or export from Canada sperm, an egg or an embryo of a 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) (a) of the Fisheries Act, the Minister may issue an import or export permit for sperm, an egg or an embryo of a cetacean if it is for the purpose of conducting scientific research.

DFO understands that the legislative intent of this prohibition is to phase out the captivity of cetaceans by preventing artificial reproduction of cetaceans that would be kept in captivity. Consequently, the prohibition applies to viable (i.e. living) reproductive materials only.

It is understood that legislators granted authority to the Minister to authorize the import or export of viable reproductive materials only in exceptional situations, where the proposed transfers are requested to conduct scientific research that is strictly aimed at supporting the conservation of wild stocks of cetaceans and not at replenishing the captive stocks of cetaceans.

Conditions for obtaining an import or an export permit for viable sperm, an egg or an embryo of a cetacean to conduct scientific research

Conditions for import only:

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 import request.
   1. Except under exceptional circumstances, the broad research program, priorities and methodologies should not involve impregnating a cetacean and/or attempts at artificially developing a fetus of a cetacean, and must show potential for increase of knowledge that could be useful to the conservation of wild stocks of cetaceans in their natural habitat inside or outside Canadian fisheries waters;
   2. If exceptional circumstances are invoked for impregnating a cetacean and/or trying to artificially develop a fetus of a cetacean, the broad research program, priorities and methodologies must show potential for increase of knowledge that is considered important by DFO (i.e. a priority) to support conservation efforts of wild stocks of cetaceans found in Canadian fisheries waters.^{Footnote 1}
      1. In case of impregnation of a cetacean in captivity, 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 document explaining how the reproductive materials relevant to the import request will be securely kept and/or disposed of to ensure that it will not be used for purposes other than the described scientific research; and,
3. 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.

Conditions for export only:

1. A request to export sperm, an egg or an embryo of a cetacean from Canada to another country should be submitted or endorsed by a relevant foreign government agency that has a similar conservation mandate as DFO with regard to wild cetaceans; and,
2. 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 export request.
   1. The proposed scientific research in which the reproductive materials will be used by a foreign country should be aimed at conserving a stock of wild cetaceans in its natural habitat.

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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