Vol. 142, No. 25 — June 21, 2008

Regulations Amending the Manitoba Fishery
Regulations, 1987

Statutory authority

Fisheries Act

Sponsoring department

Department of Fisheries and Oceans

(This statement is not part of the Regulations.)

Description

The Government of Manitoba manages the province’s freshwater fisheries by agreement with the federal government and has requested these amendments to the Manitoba Fishery Regulations, 1987 (MFR). The MFR are made pursuant to the federal Fisheries Act and, as a result, amendments must be processed by the Department of Fisheries and Oceans (DFO) and approved by the Governor in Council.

Schedule IX of the MFR lists species that are prohibited in the province of Manitoba and prohibits their possession and transport into the province. Currently, this list contains 13 aquatic invasive species (AIS) for which possession in Manitoba is prohibited. Since this list was last amended, a number of AIS have been introduced elsewhere into North America. Of particular concern are AIS that could have detrimental and irreversible effects on native fish stocks and their habitat.

The proposed amendments will add 72 additional AIS (Appendix 1) to the current list of prohibited species in the province of Manitoba. The amendments will also clarify the correct common and scientific names for species on the existing list. Adding the 72 new species and clarifying common and scientific names for the existing listed species will result in 87 AIS being listed in Schedule IX. These amendments to the MFR are proposed to proactively conserve and protect Manitoba’s fish populations, and to protect the aquatic ecosystems and biodiversity of the province from the threat of certain AIS.

Aquatic invasive species pose a threat to the economy, local ecology, and human health. The introduction of aquatic species that are not native to Manitoba waters can completely change ecosystems. In the absence of natural predators, aggressive AIS can spread rapidly and radically alter habitat, rendering it inhospitable for native species or out-competing them for resources such as food and spawning areas. The establishment of AIS can damage sensitive ecosystems and negatively affect fishing, tourism, and other industries, which are the core of many local economies. In addition, the introduction of new diseases or pathogens into Manitoba waters by AIS can have drastic environmental consequences; they put native aquatic species at risk and may even affect public health. Examples of the effects of AIS, such as the zebra mussel, include

• damage to human infrastructure at costs in excess of millions of dollars per year;
• drastic reductions to the number of native species such as native clams; and
• severe impacts on the recreational value of swimming areas by fouling beaches.

The most effective approach to minimizing the effects of AIS in Manitoba involves managing the pathways through which they can enter and spread through Manitoba waters. Key pathways for the introduction and spread of AIS in Canada were identified in the document entitled A Canadian Action Plan to Address the Threat of Aquatic Invasive Species, released in 2004 by the Canadian Council of Fisheries and Aquaculture Ministers (CCFAM) Task Group on AIS. These pathways are as follows:

1. Discharge of ballast water from shipping vessels has resulted in the release of numerous AIS in the Great Lakes, Atlantic and Pacific coastal ports.

2. Recreational and commercial boating is known to be responsible for numerous overland transfers of non-native species from one water body to another.

3. The use of live bait to catch fish (including minnows, frogs, aquatic and terrestrial worms, leeches, and aquatic or terrestrial insects and larvae) has resulted in the release of non-native species.

4. The aquarium/water garden trade can cause the release of aquatic organisms (including fish, invertebrates, plants, amphibians and reptiles) sold for use indoors in aquaria and outdoors in ornamental ponds and water gardens into natural environments.

5. The live food fish pathway refers to the potential release into natural environments of live fish or other aquatic organisms that are imported or transferred within Canada for distribution and sale for human consumption.

6. Water diversions and canals, such as the Erie Canal, have been responsible for introductions of AIS such as the sea lamprey.

7. Unauthorized or illegal introductions of aquatic plants and animals have been responsible for the establishment of numerous AIS throughout North America.

The pathways that pose the greatest threat of AIS introduction to Manitoba are

• water diversions and canals;
• live bait;
• recreational and commercial boating; and
• the aquarium/water garden trade.

This amendment proposes to prohibit the transport and possession of live specimens of species listed in Schedule IX of the MFR as part of a precautionary approach intended to proactively protect Manitoba’s aquatic ecosystems.

Current AIS prevention activities in Manitoba

Manitoba has been concerned with the introduction of AIS since the early 1990s when zebra mussels were first reported in the Great Lakes. While relatively few species of aquatic invaders are currently established in Manitoba waters, numerous invasive aquatic species have become established in neighbouring watersheds. Each year, more AIS become established closer to Manitoba’s borders. Efforts aimed at public outreach and education have been ongoing over the past 15 years with initiatives such as cost-sharing road signage with Ontario and Minnesota, a zebra mussel inspection program, public notices in print media including the annual Manitoba Angler’s Guide, and participation in the 100th Meridian Initiative of the US Western Regional Panel on Aquatic Nuisance Species. While these initiatives will continue, additional proactive efforts, including the current amendments to the MFR, will be required to prevent the intentional and accidental introduction of AIS into Manitoba. Increased boat traffic, tourism, internet commerce, and the popularity of water gardens all add to the increased risk of accidental or intentional introduction of AIS into Manitoba.

Other current actions undertaken to address AIS include the following:

• Inclusion of AIS in the Manitoba Water Strategy (www.gov.mb.ca/waterstewardship/waterstrategy/pdf/index.html). A policy document that provides a framework supporting provincial-wide watershed planning.
• The Water Protection Act of Manitoba received Royal Assent and was enacted in June 2005. This piece of legislation has a provision for the development of regulations to address AIS.
• Manitoba is represented on the CCFAM Task Group to address AIS in Canada, and numerous other boards and committees aimed at preventing and managing AIS in Manitoba.
• A provincial AIS Strategy will be developed in concert with the proposed amendments to the federal regulations.
• The province is continuing the buy-out of existing bait blocks known to be infested with rainbow smelt and no new bait allocations are being issued.
• Manitoba is developing a bait fish strategy that will include AIS concerns and management issues.
• Key recreational boating exhibits, locations, and travel routes are targeted with AIS displays, presentations, and signage.
• Increased public awareness about the possibility of AIS introductions through the aquarium and water garden trade.

Manitoba’s efforts to reduce the risk of introduction of AIS are not only part of a provincial strategy, but fit within a national framework and implementation plan to prevent or reduce the risk of AIS introduction and spread in Canada. Development of the national framework and implementation plan is being led by DFO, with contributions and direction from the provinces and territories through the CCFAM Task Group on AIS.

The Introductions and Transfers of Aquatic Organisms Committee, which consists of professionals with expertise in Manitoba’s native fish species and aquatic invasive species, has reviewed Schedule IX of the MFR and has recommended the addition of those aquatic organisms that could pose a threat to Manitoba fisheries resources where there is a likely pathway for entering Manitoba. The proposed amendments to Schedule IX include species that have become established in North American waters at latitudes similar to Manitoba’s or in watersheds close to Manitoba. Of particular concern are those AIS that have readily established themselves in the Great Lakes as well as in North Dakota and in Minnesota and that could be transported into Manitoba. Therefore, many harmful species that are currently affecting the Great Lakes as well as neighboring states, but not yet found in Manitoba, are included in the proposed amendments to the MFR. The transportation and possession of species listed in the proposed amendments pose a significant risk to the health and sustainability of the province’s fisheries. Precautionary principles have dictated the development of the proposed amendments which will prohibit the possession of live specimens of these species in Manitoba.

At present, the live food fish trade in Manitoba is very small and none of the proposed prohibited species are currently imported for the food trade.

Exemption for research

The proposed amendments contain an exemption from the prohibition on the possession of live invasive species to permit their possession for the purpose of scientific research.

Under this exemption, Manitoba Water Stewardship can authorize the possession of AIS by qualified researchers in recognized research facilities provided

• the facilities are equipped to ensure that no AIS are released into Manitoba’s waters; and
• the possession is for scientific research on mitigating the potential impacts of the AIS, prevention of their introduction and control of their spread.

Incorporating this exemption into the MFR is vital to ensure that scientific research on AIS can continue in Manitoba. Requiring that the facilities be recognized and ensuring the necessary controls are in place to prevent release of invasive fish is a reasonable prerequisite for authorization.

Implementation

In addition to the action items currently underway and planned in Manitoba, there are a number of mechanisms in place to implement the proposed amendments. Planned introductions of non-native aquatic organisms are reviewed by Manitoba’s Introductions and Transfer Committee. This review includes an extensive risk analysis and proponents are required to provide detailed information regarding biology and potential invasiveness of the aquatic organism(s). Should the province receive requests for importation of any species listed in the proposed amendment, this amendment would afford regulatory authority to decline importation. Consultation with the provinces of Saskatchewan and Ontario will aid in ensuring regional consistency in reducing risk of AIS introductions. Notification of the prohibited species list and AIS prevention will be provided on the Manitoba Government Web page and in public outreach programs aimed at specific target audiences such as aquarium shops, northern lodges, outfitters groups and boating associations.

Manitoba Water Stewardship, the provincial agency responsible for fisheries management in Manitoba, is requesting these regulatory amendments to the MFR in order to proactively conserve and protect Manitoba’s fish populations, aquatic ecosystems and native biodiversity from the threat of AIS. The proposed amendments will help Manitoba maintain healthy, sustainable fisheries throughout the province and will allow residents to continue to benefit socially and economically from fishery resources while avoiding the high costs of ecosystem enhancement and restoration.

Alternatives

The status quo is not considered appropriate for protecting Manitoba’s biodiversity and aquatic ecosystems from the threat of AIS. It would not ensure the maintenance of healthy, sustainable fisheries throughout the province, the continued social and economic benefit from fishery resources, or prevent the high costs of ecosystem enhancement and restoration. The status quo represents an unacceptable social, environmental, and economic risk and does not reflect a proactive or precautionary approach to safeguarding Manitoba’s aquatic ecosystems. While public education and information campaigns aimed at preventing the introduction and spread of AIS in Manitoba will continue, these alone are not considered sufficient in protecting Manitoba’s valuable water resources. These existing efforts will work in concert with the proposed amendments.

Benefits and costs

Manitoba fisheries are vulnerable to the competition for food and habitat posed by new species and by diseases or pathogens that can be introduced by the water in which these species are transported. Aquatic invasive species can cause drastic changes to aquatic habitats and ecosystems, further threatening Manitoba’s fisheries. Such occurrences could have a negative effect on recreational and commercial fishing, on tourism-based businesses, and on the fishing supply and service sectors. Manitoba’s commercial fishery generates over $28 million in gross domestic product for the Province annually, while the recreational fishery generates $120 million in resident and non-resident expenditures. Manitoba Water Stewardship is responsible for ensuring healthy and sustainable fisheries province-wide for all its citizens and for minimizing, by all reasonable measures, the risks of damage to those fisheries. This regulatory amendment will help to protect Manitoba’s valuable fisheries.

Conservative estimates, for which published information is available, place the combined economic impact associated with 16 AIE at $5.5 billion in Canada. A United States report estimates the annual economic burden of invasive species in that country at $137 billion (Pimental et al. 2004). The World Conservation Union rates invasive species as the second worst threat to biodiversity after habitat loss.

The proposed regulatory amendments do not apply to aboriginal fishing for food, social or ceremonial purposes. Additionally, it is anticipated that the proposed amendments will not have any significant negative financial impact on Manitobans. The proposed amendments to Schedule IX of the MFR include species that may occasionally be imported by the ornamental fish industry but they do not constitute a financially significant portion of that trade. Similarly, no significant negative financial impact is anticipated for the three live food importers in Manitoba as species currently imported (tilapia, lobster, crab, mussels) are not on the prohibited species list.

The proposed amendments to the MFR are expected to have minimal impact on international trade. Most of the states in the United States of America that border Manitoba have already moved to ban the import and/or transport of some of the invasive species proposed for prohibition in this amendment. Therefore, there is likely to be little or no trade for these species and, as a result, no appreciable impact on trade.

Consultation

This proposed amendment has been developed through consultation with the Manitoba Introductions and Transfers of Aquatic Organisms Committee. The Committee consists of professionals with expertise in the areas of fishes of the world, especially Manitoba and North America; Manitoba fish-related industries including aquaculture; the live food fish trade, the live bait industry, and the ornamental fish industry; and aquatic invasive species and their introductions. The Committee considers the proposed amendment to be necessary for the protection of Manitoba’s fishery resources.

The Canadian Action Plan to Address the Threat of Aquatic Invasive Species was widely distributed in Manitoba to various agencies, interest groups, stakeholders, and levels of government during the consultation period. The Canadian Action Plan clearly outlines the issues associated with AIS in Canada, presents the key pathways through which AIS are introduced into Canadian waters, and identifies the activities all governments must undertake to slow the spread or eradicate AIS in Canada. Comments on the Plan from stakeholder groups and agencies were positive. Comments from the following stakeholder groups and agencies were solicited via mail and telephone:

First Nation Communities
Department of Fisheries and Oceans
Environment Canada
Canadian Food Inspection Agency
Transport Canada
Prairie Farm Rehabilitation Administration
Fish Futures
Ducks Unlimited
Manitoba Hydro
Nature Conservancy Canada
Manitoba Wildlife Federation
Lake Manitoba Commercial Fishers Association
Lake Winnipeg Commercial Fishermen Association
Lake Winnipegosis Management Board
Lake Winnipeg Stewardship Board
Red River Basin Commission
Fresh Water Fish Marketing Board
Manitoba Association of Cottage Owners
Mid Canada Marine Dealership Association
Trout Farmers
Aquarium Trade
Manitoba Water Stewardship
Manitoba Conservation — Biodiversity
Manitoba Agriculture and Food
Manitoba Tourism
Manitoba Industry Trade and Mines
Manitoba Conservation Districts
Association of Manitoba Municipalities
City of Winnipeg
Water Management Associations

Considerable consultations regarding AIS and live bait-use have taken place with Manitoba’s commercial bait fishers. Consultations have included face to face meetings to develop a live aquatic bait plan directed at addressing concerns about transfers of AIS (in particular rainbow smelt) while still allowing for the rational development of the industry. Manitoba Water Stewardship also distributes regular mail-outs to the industry regarding policies and procedures which incorporate the most recent information on AIS issues to enable the industry to act in an environmentally responsible manner. Very few concerns have been raised by the industry on incorporating best management practices and working in cooperation with the department to reduce possible introduction and transfer of AIS.

The proposed prohibited species list was provided for review and comment to Manitoba aquarium hobby shops (30 in total) as well as to the Winnipeg and the Flin Flon Aquarium Societies. Manitoba Water Stewardship received comments from two aquarium shops concerning the listing of the white cloud minnow. The white cloud minnow is somewhat common in the aquarium trade. However, large inventories of this species are not kept in Manitoba. Discussions and correspondence with the two aquarium shops indicated that the listing of this species would not be an economic hardship to the trade as most shops stock tropical fish that are not on the proposed prohibited species list. No comments were received from the aquarium societies.

The live-food trade in Manitoba is small (three importers in total). These importers were not consulted for two reasons: (1) the live food fish trade is not a priority pathway for Manitoba, and (2) the live food fish species that are imported into Manitoba are mostly marine species, and none of the imported species are listed on the proposed amendments. Lobster, crab, mussels, and tilapia are occasionally imported into the province and are not considered an invasive threat to Manitoba waters.

The North Dakota Game and Fish Department was provided with the proposed prohibited species list for review and comment. Although no concerns were expressed with the species listed, they questioned the absence of European Pike and non-native trout from the proposed list. The threat of introduction of these species into Manitoba is considered low since these species are unlikely to be introduced by ballast water discharge or by unauthorized introductions.

Compliance and enforcement

As a common practice, once regulatory amendments come into force, the public and affected stakeholders are informed of the regulatory changes by press releases and announcements in the media. Manitoba Water Stewardship also annually produces the Manitoba Angler’s Guide, which contains the complete text of the Regulations. All new regulations and amendments are clearly set out in this brochure, which is distributed throughout the province at no charge. Information about the amended regulations is also available on the Manitoba Water Stewardship Web site and the general public is encouraged to check this site for regular updates including information about AIS and prohibited species.

Currently, the province works closely with the Canadian Border Services Agency in inspecting trailered watercraft entering Manitoba at two of its international border crossings. This program is a provincial initiative and is not a uniform practice among provinces. Federal customs officials have the regulatory authority to refuse entry into Manitoba of any trailered watercraft or related equipment that contains prohibited species.

Although additional prohibited species are being proposed for addition to the MFR, no new enforcement costs are anticipated.

Under the existing provincial program, in addition to regular patrols of popular fishing areas, Manitoba Water Stewardship enforcement officers give information about the MFR, issue warnings of potential violations and lay charges for regulatory contraventions. Further, the Fisheries Act currently prescribes possible penalties, upon conviction, for contraventions of the MFR, which include jail terms of up to 24 months and/or fines of up to $500,000. In addition, a court may order the seizure of fishing gear, catches, vehicles or other equipment used in the commission of an offence.

Manitoba has 130 conservation officers who have the legislative authority to enforce these Regulations. Additionally, 50 environment officers have general powers under the provincial Environment Act to issue stop action orders including actions that would harm the aquatic environment. For example, this action was important in 2000 when a trailered boat from another province was found to have zebra mussels attached. Before it was launched into Manitoba waters, a stop action order was issued by an environment officer.

The compliance and enforcement effort is planned and scheduled annually in District Compliance Plans. The effort includes promotion and education, but warnings and charges may be used where appropriate.

Joe O’Connor
Director, Fisheries Branch
Manitoba Water Stewardship
P.O. Box 20
200 Saulteaux Crescent
Winnipeg, Manitoba
R3J 3W3
Telephone: 204-945-7814
Fax: 204-948-2308

Peter Ferguson
Senior Policy Analyst
Department of Fisheries and Oceans
200 Kent Street
Ottawa, Ontario
K1A 0E6
Telephone: 613-990-9325
Fax: 613-990-2811

Appendix 1 — PROHBIITED SPECIES (New additions only)