The Fisheries Act governs the importation of cetaceans in captivity and reproductive materials of cetaceans, as well as shark fins or parts of shark fins that are not attached to a shark carcass for scientific research purposes.

Section 23.2 of the Fisheries Act establishes a legislative framework that prohibits attempted or actual import into Canada and export from Canada, any living cetacean or sperm, an egg or an embryo of a cetacean, except in accordance with a permit to conduct these activities issued by the Minister of Fisheries, Oceans and the Canadian Coast Guard and solely 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.

Subsection 32.1(1) of the Fisheries Act establishes a legislative framework that prohibits attempted or actual import into Canada and export from Canada, any shark fins or parts of shark fins that are not attached to a shark carcass, except in accordance with a permit to conduct these activities. Only the Minister of Fisheries, Oceans and the Canadian Coast Guard can issue these permits for scientific research purposes related to shark conservation and the survival of shark species.

Section 23.2 of the Fisheries Act provides for permits for the importation of living cetaceans.

Subsection 32.1(2) of the Fisheries Act has a provision for import permit licensing for shark fins and parts of shark fins that are not attached to a shark carcass to be used for research purposes; products under tariff item numbers 0302.92.00 (fresh or chilled shark fin), 0303.92.00 (frozen shark fin), 0305.71.00 (Dried, salted or smoked shark fins) and 1604.18.00 (Prepared or preserved shark fins) are covered under this licensing system.

The licensing systems apply to goods originating in and imported from all countries.

The purpose of the cetacean permitting system is to permit the import of living cetaceans or sperm, an egg or an embryo of a cetacean, only 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.

The purpose of the shark fin permitting system is to permit the import of fins not attached to a shark carcass for scientific research purposes.

See paragraph 1 and 2.

n the case of import permits for cetaceans, the service standard for the issuance of an import permit is 50 business days. Therefore, an application must be received no less than 50 days prior to a planned importation. Once issued, the permit remains valid for a six-month period.

In the case of import permits for shark fins, the service standard for issuing a licence is 35 calendar days so the applicant must apply accordingly.

There is no expedited process to obtain a licence for importation of either cetaceans or shark fins. If the item is imported without a licence, the applicant risks enforcement action.

No.

Time of year has no effect on the issuance of licences or when importation or exportation can occur.

Licence applications are solely issued by the Department of Fisheries and Oceans Canada (DFO) and no other department is involved in the licence issuance.

The Minister of Fisheries, Oceans and the Canadian Coast Guard retains discretion in issuing permits under s. 23.2 (2) and s. 32.1(2) of the Fisheries Act, and they can make exceptions to these principles. The Minister may also impose any conditions that he or she considers appropriate in a permit issued under s. 23.2 (2) or s. 32.1(2) of the Fisheries Act, and retains the power to amend, suspend or cancel a permit that has been issued.

Reasons for refusal would be provided to the applicant. DFO would be in contact with the applicant to discuss eligibility, missing information and any other possible issues after permit was applied for and in the review stage and advise the applicant on how to correct the issue(s). If after review, DFO officials recommend the permit not be issued, then officials would advise the applicant of the reasoning behind the refusal.

The final authority for issuing or denying these permits rests with the Minister. Nonetheless, the applicant can still contact the Minister's office to attempt to have a decision reconsidered. Further, any Ministerial decision may be subject to judicial review by federal courts.

In the case of import permits for cetaceans, all persons, firms and institutions are eligible to apply for an import permit, however only those that are able to meet the criteria will be successful. It is anticipated that obtaining a permit to import live cetaceans would be of most interest to firms or organizations that are recognized and accredited facilities, such as aquariums or zoos. It is anticipated that obtaining a permit to import reproductive material from cetaceans for scientific research purposes would be of most interest to research facilities such as those affiliated with universities or government departments.

In the case of import permits for shark fins, persons, firms and institutions associated with a research institution or recognized international organization that has played an active role in shark conservation are eligible to apply for licences. The eligibility of the applicant would be determined from the supporting documentation received.

There is no registration fee to apply for a permit, and there is no published list of authorized importers.

Cetaceans:

Should the applicant wish to obtain a permit authorizing the import of a living cetacean to conduct scientific research on a cetacean, they must provide:

1. 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;
2. 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).
3. 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;
4. 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).
5. The broad research program, priorities and methodologies at the destination facility 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;

Should the applicant wish to obtain an import permit of a living cetacean for reasons related to the cetacean's welfare, they must abide by the following conditions:

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.
2. This justification must include information on the other options that have been considered and why they should not be preferred;
3. 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 use 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);
4. 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,
5. 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".

Should an applicant wish to obtain a Ministerial permit authorizing the import of viable sperm, an egg, or an embryo of a cetacean to conduct scientific research, they must abide by the following conditions:

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.
2. 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;
3. 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.
4. 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);
5. 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,
6. 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.

The latest information on applying for a permit can be found on Department of Fisheries and Oceans website at: https://www.dfo-mpo.gc.ca/about-notre-sujet/publications/policy-politiques/cetaceans-cetaces/overview-apercu-eng.html

Shark fins:

The applicant must provide details regarding the objectives and protocols related to their research for each planned scientific study that is relevant to the permit being requested. Information on shark fins and/or parts of shark fins (i.e., product description, quantity, weight, etc.) is required with the application, including a rationale for the number of shark fins requested for import and/or export.

The applicant must submit relevant scientific publications that demonstrate that the researchers involved in the proposed research activities have published work that is relevant to shark conservation.

The applicant must submit proof of association with a research institution or recognized international organization that has played an active role in shark conservation during recent years and has developed widely used tools and/or approaches to support shark conservation initiatives; The applicant must describe how the proposed research activities are likely to benefit the survival of shark species or are required to enhance the chances of survival of shark species in the wild; The applicant must explain why the proposed research activities cannot be conducted in the country where the shark fins or parts of shark fins are currently located, and why importing or exporting the shark fins is essential to support the proposed research activities.

The justification must include information on other options that have been considered (i.e., working with a research institution in the country where the shark fins are currently located; using pictures of the shark fins if the objective of the research is to identify species) and why they should not be preferred.

The applicant must provide qualifications for any collaborators or research assistants involved (if applicable) and indicate whether or not they will be working independently from the applicant with the shark fins or parts of shark fins.

The applicant must submit a document explaining how the shark fins or parts of shark fins will be securely kept and/or disposed of to ensure that they will not be used for purposes other than the described scientific research; and if the applicant previously received a Fisheries Act authorization to import or export shark fins or parts of shark fins, the applicant must provide details that demonstrate proof of incremental progress to advance research on shark conservation or to benefit the survival of shark species in the wild (i.e., proof of publication, research results, statistics).

The latest information on applying for a license can be found on Department of Fisheries and Oceans website at:

https://www.dfo-mpo.gc.ca/about-notre-sujet/publications/policy-politiques/shark-requin/permits-research-permis-recherche-eng.html.

Depending on the circumstance, documentation previously outlined is required. Further, importers are required under the Customs Act, that information reported to the Canada Border Services Agency (CBSA) must be true, accurate and complete. This means that the scientific or taxonomic names of all cetaceans, viable sperm, eggs or embryos of a cetacean, or sharks or shark products imported must be declared upon entry.

Importers must report scientific names of all imported species in the commodity description field of Form CI1, Canada Customs Invoice or the commercial invoice, either electronic or paper as per the instructions in Memorandum D1-4-1, CBSA Invoice Requirements, and/or in accordance with the technical requirements, specifications and procedures for electronic data interchange as set out in the Electronic Commerce Client Requirements Document (ECCRD). The latest import process for shark fins is described in Canada Border Services Agency's Customs Notice 21-02 at: https://www.cbsa-asfc.gc.ca/publications/cn-ad/cn21-02-eng.html.

Additional information on import requirements can be found at: https://www.cbsa-asfc.gc.ca/import/menu-eng.html.

In the case of cetacean import permits, importers are required to obtain a Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) permit for the import of all cetacean specimen including viable sperm, eggs or embryos of a cetacean if listed on Appendix I of the Convention. In the case of shark fin import permits, importers may be required to obtain a Convention on the International Trade of Endangered Species (CITES) permit for the import or export of shark fins if the species is covered by the Convention.

A CITES import permit is issued by Environment and Climate Change Canada (ECCC), who issue import permits for all species. Applicants may also be required to obtain a Species at Risk Act (SARA) permit and adhere to any SARA provisions for cetacean or shark species listed in Canada as extirpated, endangered or threatened. SARA permits for aquatic species are issued by DFO.

There is no licensing fee or administrative charge for import permits, research licenses or SARA permits associated with importation of cetaceans or shark fins.

No.

A permit is valid for six months from date of issue. A permit cannot be extended. A new permit would need to be applied for if a permit expired before importation occurred.

There is no penalty for the non-utilization of a permit. The permit would simply expire. Permits can only be used once, so if an applicant used a portion of the permit (fewer items imported than listed on permit) the permit could not be reused for remaining items.

Permits are issued to one specific importer and are not transferable between importers.

In the case of cetacean import permits, the Minister may also impose any conditions that he or she considers appropriate in a permit issued under s. 23.2 (2) of the Fisheries Act, and under s. 23.2(3) retains the power to amend, suspend or cancel a permit that has been issued. In the case of shark fin import permits, no other conditions attached to the issuance of a license whether (a) for products subject to quantitative restriction or (b) for products not subject to quantitative restriction. If not covered by the permit issued in accordance with Section 32.1(2) of the Fisheries Act, all other related products would be covered by Canada's quantitative restrictions related to shark fins.

No.