O. Reg. 354/16: GENERAL, Filed November 2, 2016 under Invasive Species Act, 2015, S.O. 2015, c. 22
ontario regulation 354/16
made under the
Invasive Species Act, 2015
Made: October 26, 2016
Filed: November 2, 2016
Published on e-Laws: November 2, 2016
Printed in The Ontario Gazette: November 19, 2016
General
Invasive Species to Which the Act Applies
Prescribed invasive species
1. The species listed in Tables 1, 2, 3 and 4 are prescribed as invasive species to which the Act applies for the purposes of subsection 4 (1) of the Act.
Prohibited invasive species
2. (1) The species of invertebrates listed in Table 1 are classified as prohibited invasive species for the purposes of the Act.
(2) The species of plants listed in Table 2 are classified as prohibited invasive species for the purposes of the Act.
(3) The species of fish listed in Table 3 are classified as prohibited invasive species for the purposes of the Act.
Restricted invasive species
3. The species of plants listed in Table 4 are classified as restricted invasive species for the purposes of the Act.
Additional Prohibited Activities with respect to Restricted Invasive Species
Prohibited activities, restricted invasive species
4. The following activities are prohibited for the purposes of subsection 8 (3) of the Act:
1. Bringing a member of a restricted invasive species into Ontario or causing it to be brought into Ontario except in the circumstances described in section 5 and in subsection 8 (1).
2. Possessing or transporting a member of a restricted invasive species in a provincial park or conservation reserve except in the circumstances described in section 5 and subsection 8 (1).
3. Propagating members of a restricted invasive species.
4. Buying, selling, leasing or trading or offering to buy, sell, lease or trade a member of a restricted invasive species.
Exemptions
Emergencies
5. A police officer, a firefighter or any other person who carries out emergency response, firefighting or search and rescue operations is exempt from clauses 7 (a), (b) and (c) and subsection 8 (1) of the Act and from paragraphs 1 and 2 of section 4 if the actions that would otherwise be prohibited under those provisions occur while carrying out an emergency response, firefighting or search and rescue operation.
Fishing - incidental catch
6. A person who catches a member of a prohibited invasive species while fishing is exempt from clauses 7 (b) and (c) of the Act with respect to the member of that species, whether a fish or other type of species, if the following conditions are met:
1. The person holds,
i. a licence under the Fish and Wildlife Conservation Act, 1997,
ii. a licence under the Ontario Fishery Regulations, 2007 made under the Fisheries Act (Canada), or
iii. a licence under the Aboriginal Communal Fishing Licences Regulations made under the Fisheries Act (Canada).
2. The person catches the member of the species incidentally while fishing in accordance with his or her licence and in accordance with,
i. Ontario Fishery Regulations, 2007, in the case of a person who holds a licence referred to in subparagraph 1 i or ii, or
ii. the Ontario Fishery Regulations, 2007 and the Aboriginal Communal Fishing Licences Regulations made under the Fisheries Act (Canada), in the case of a person who holds a licence referred to in subparagraph 1iii.
3. The person takes immediate measures to ensure that the member of the species is destroyed and that no part of the member is capable of reproducing or of propagating the species.
Operation of boat - incidental possession or transportation
7. A person who operates a boat in a body of water is exempt from clauses 7 (b) and (c) of the Act with respect to any water soldier or European water chestnut that attaches to the boat if the following conditions exist:
1. The person possesses or transports the water soldier or European water chestnut incidentally and solely as a result of the operation of the boat.
2. In the case of a boat that is removed from a body of water in which water soldier or European water chestnut is present, the person removes any members of the species from the boat before transporting the boat overland and disposes of them in a manner that ensures that the members do not re-enter the body of water or enter into any other body of water.
3. If water soldier or European water chestnut is present only in a part of a body of water, the person takes reasonable precautions while operating the boat in the body of water to avoid transporting water soldier or European water chestnut outside that part of the water body and depositing or releasing the species in other parts of the body of water.
Preserved specimens
8. (1) Clauses 7 (a) and (c) of the Act do not apply with respect to a member of a prohibited invasive species, and paragraphs 1 and 2 of section 4 do not apply with respect to a member of a restricted invasive species, if,
(a) the member is dead;
(b) the member has been preserved using as the primary method of preservation a method other than refrigeration or freezing; and
(c) the method of preservation ensures that the species cannot be propagated or reproduced.
(2) In this section,
“preserved” means treated or prepared in a manner to prevent decay or decomposition.
Dead and eviscerated fish
9. (1) Clauses 7 (a), (b), (c) and (e) of the Act to not apply with respect to a member of prohibited invasive species that is a fish identified in subsection (2) if it is dead and eviscerated.
(2) Subsection (1) applies with respect to the following prohibited invasive species:
1. Bighead Carp.
2. Black Carp.
3. Grass Carp.
4. Silver Carp.
5. Snakehead, all species in the Snakehead family.
6. Zander.
Scientific, educational or species control activities
10. A person who brings a member of a prohibited invasive species into Ontario or causes it to be brought into Ontario for scientific, educational or invasive species control purposes or who possesses or transports the member for such a purpose is exempt from clauses 7 (a) and (c) of the Act if,
(a) the species is an aquatic invasive species within the meaning of the Aquatic Invasive Species Regulations made under the Fisheries Act (Canada);
(b) the person is licensed under subsection 6 (2) of the Ontario Fishery Regulations, 2007 made under the Fisheries Act (Canada) to possess and transport the species for scientific, educational or invasive species control purposes; and
(c) the person is acting in compliance with the conditions of the licence referred to in clause (b).
Deposit, release of restricted invasive species
11. A person who deposits or releases a member of a restricted invasive species in an area outside of a provincial park or conservation reserve is exempt from clause 8 (1) (b) of the Act if the person does so in the course of carrying out any of the following activities:
1. Activities to control or manage the species.
2. Commercial, agricultural, maintenance or other activities the purpose of which is not to deposit or release the species.
Commencement
12. This Regulation comes into force on the later of November 3, 2016 and the day it is filed.
Table 1
Prohibited Invasive species - invertebrates
Item |
Common Name |
Scientific Name |
1. |
Common Yabby |
Cherax destructor |
2. |
Golden Mussel |
Limnoperna fortunei |
3. |
Killer Shrimp |
Dikerogammarus villosus |
table 2
prohibited invasive species - plants
Item |
Common Name |
Scientific Name |
1. |
Brazilian Elodea |
Egeria densa |
2. |
European Water Chestnut |
Trapa natans |
3. |
Hydrilla |
Hydrilla verticillata |
4. |
Parrot Feather |
Myriophyllum aquaticum |
5. |
Water Soldier |
Stratiotes aloides |
table 3
Prohibited invasive species - Fish
Item |
Common Name |
Scientific Name |
1. |
Bighead Carp |
Hypophthalmichthys nobilis |
2. |
Black Carp |
Mylopharyngodon piceus |
3. |
Grass Carp |
Ctenopharyngodon idella |
4. |
Silver Carp |
Hypophthalmichthys molitrix |
5. |
Snakehead, all species in the Snakehead family |
All species in the family Channidae |
6. |
Stone Moroko |
Pseudorasbora parva |
7. |
Wels Catfish |
Silurus glanis |
8. |
Zander |
Sander lucioperca |
table 4
restricted invasive species - plants
Item |
Common Name |
Scientific Name |
1. |
Black Dog-strangling Vine |
Cynanchum louiseae |
2. |
Dog-strangling Vine |
Cynanchum rossicum |
3. |
Japanese Knotweed |
Reynoutria japonica var. japonica |
4. |
Phragmites |
Phragmites australis subsp. australis |