Vol. 143, No. 4 — February 18, 2009

Registration

SOR/2009-20 January 29, 2009

WILD ANIMAL AND PLANT PROTECTION AND REGULATION OF INTERNATIONAL AND INTERPROVINCIAL TRADE ACT

Regulations Amending the Wild Animal and Plant Trade Regulations

P.C. 2009-121 January 29, 2009

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 21 (see footnote a) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (see footnote b), hereby makes the annexed Regulations Amending the Wild Animal and Plant Trade Regulations.

REGULATIONS AMENDING THE WILD ANIMAL AND PLANT TRADE REGULATIONS

AMENDMENT

1.Schedule I to the Wild Animal and Plant Trade Regulations (see footnote 1) is replaced by the Schedule I set out in the schedule to these Regulations.

COMING INTO FORCE

2. (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.

(2) Subitem 6.2.1.(1) of Part I of Schedule I to the Wild Animal and Plant Trade Regulations , as enacted by section 1, comes into force on March 13, 2009.

SCHEDULE
(Section 1)

SCHEDULE I
(Section 3, subsection 6(3), section 14, subsection 15(1) and section 20)

ANIMALS LISTED AS FAUNA AND PLANTS LISTED AS FLORA IN THE APPENDICES TO THE CONVENTION

INTERPRETATION

1. The following definitions apply in this Schedule.

“Management Authority” means a Management Authority as defined in Article I of the Convention. (organe de gestion)

“Scientific Authority” means a Scientific Authority as defined in Article I of the Convention. (autorité scientifique)

“Secretariat” means the Secretariat referred to in Article XII of the Convention. (Secrétariat)

“Standing Committee” means the standing committee formed by the parties to the Convention to provide guidance to the Secretariat concerning the implementation of the Convention and to perform other functions assigned to it by the parties. (Comité permanent)

2. Species that are included in the Appendices to the Convention and are specified in this Schedule are referred to

(a) by the name of the species; or

(b) as being all of the species included in a higher taxon or designated part of a higher taxon.

3. Hybrid animals that have in their recent lineage at least one specimen of species included in Appendix I or II to the Convention shall be subject to the provisions of the Convention just as if they were full species, even if the hybrid concerned is not specifically included in the Appendices to the Convention. If at least one of the animals in the recent lineage is of a species included in Appendix I to the Convention, the hybrids shall be treated as specimens of species included in that Appendix. If at least one of the animals in the recent lineage is of a species included in Appendix II to the Convention, and there are no Appendix I specimens in that lineage, the hybrids shall be treated as specimens of species included in Appendix II to the Convention. For the purposes of this section, “recent lineage” means the last four generations.

4. Because none of the species or higher taxa of FLORA (plants) included in Appendix I to the Convention is annotated to the effect that their hybrids shall be treated in accordance with the provisions of Article III of the Convention, artificially propagated hybrids produced from one or more of these species or taxa may be traded with a certificate of artificial propagation; and seeds and pollen (including pollinia), cut flowers, seedlings or tissue cultures of these hybrids that are obtained in vitro, in solid or liquid media, and are transported in sterile containers, are not subject to the provisions of the Convention.

5. The abbreviation “spp.” is used to denote all species of a higher taxon.

6. Other references to taxa higher than species are for the purposes of information or classification only.

7. The following abbreviations are used to denote plant taxa below the level of species:

(a) “ssp.” is used to denote subspecies; and

(b) “var(s).” is used to denote variety (varieties).

8. Only the scientific Latin nomenclature has legal status; the English and French common names are included for reference only. The scientific nomenclature is based on the “Checklist of CITES Species - 2005”, compiled by the United Nations Environment Programme World Conservation Monitoring Centre, as amended from time to time. The Checklist, as amended from time to time, has been adopted by Resolution Conf. 12.11 as the standard reference for species included in the Appendices to the Convention. The Checklist also provides common names, where available, of animals and plants.

9. The abbreviation “p.e.” is used to denote species that are possibly extinct.

10. The symbol (§) is used to denote Canadian species or subspecies that are included in the Appendices to the Convention. Canadian species and subspecies that are listed under higher taxa are preceded by the symbol (>).

11. The names of the countries listed in column III of Parts I and II of this Schedule are those of the Parties that submitted the name of the species for inclusion in Appendix III to the Convention.

12. The symbol (#) followed by a number placed against the name of a species or higher taxon included in Appendix II or Appendix III to the Convention designates parts or derivatives that are specified in relation to the species or taxon for the purposes of the Convention as follows:

#1 Designates all parts and derivatives except

 (a) seeds, spores and pollen (including pollinia);

 (b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers;

 (c) cut flowers of artificially propagated plants; and

 (d) fruits and parts and derivatives of the fruits of artificially propagated plants of the genus Vanilla.

#2 Designates all parts and derivatives except

 (a) seeds and pollen; and

 (b) finished products packaged and ready for retail trade.

#3 Designates whole and sliced roots and parts of roots.

#4. Designates all parts and derivatives except

 (a) seeds, except those from Mexican cacti originating in Mexico, and pollen;

 (b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers;

 (c) cut flowers of artificially propagated plants;

 (d) fruits and parts and derivatives of the fruits of naturalized or artificially propagated plants; and

 (e) separate stem joints (pads) and parts and derivatives of the stem joints of naturalized or artificially propagated plants of the genus Opuntia subgenus Opuntia.

#5 Designates logs, sawn wood and veneer sheets.

#6 Designates logs, sawn wood, veneer sheets and plywood.

#7 Designates logs, wood chips, powder and extracts.

#8 Designates underground parts (i.e. roots, rhizomes): in whole, in part and in powder form.

#9 Designates all parts and derivatives except those bearing a label “Produced from Hoodia spp. material obtained through controlled harvesting and production in collaboration with the CITES Management Authorities of Botswana/Namibia/ South Africa under agreement no. BW/NA/ZA xxxxxx”.

#10 Designates logs, sawn wood and veneer sheets, including unfinished wood articles used for the fabrication of bows for stringed musical instruments.

#11 Designates logs, sawn wood, veneer sheets, plywood, powder and extracts.

All other specimens shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was established with the aim of protecting wild populations of species under threat as a result of over-exploitation by international trade. Canada is a party to the Convention. The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) is the legislative vehicle by which Canada implements its obligations under CITES.

The Regulations under this Act protect Canadian and foreign species of animals and plants that may be at risk of over-exploitation due to illegal trade, and safeguard Canadian ecosystems from the introduction of species designated as harmful.

• The amendments will bring Canada’s Regulations into alignment with all other Parties to the Convention.

Description and rationale

Description

The purpose of the amendments to Schedule I of the Wild Animal and Plant Trade Regulations (WAPTR) is to add 13 species, 1 genus and 1 family, delete 136 species and 3 genera, and change the status of 3 species and 1 genus. The Regulations also update the Latin name of a number of species and modify the annotation for several species. These amendments are made pursuant to subsection 21 (2) of WAPPRIITA in accordance with the Convention notifications 2005/029, 2006/019, 2007/007, 2007/021, 2007/022, 2007/038, 2007/040, and 2008/007.

A summary of the amendments to Schedule I of WAPTR is provided in Annex 1. Further information on the species and their international trade is available at www.cites.org.

There are over 30 000 species of animals and plants listed in the three Appendices to CITES. Schedule I of WAPTR identifies the species covered by CITES and indicates the Appendix in which each species is listed. Appendix I species are considered threatened with extinction and may not be traded for primarily commercial purposes. They may, however, be traded for educational, scientific and propagation purposes under strict conditions, including prior issuance of import and export permits by both the importing and exporting countries. Animals and plants listed in Appendix II are species not considered threatened with extinction but that may become so if their trade is not regulated. As well, species may be listed in Appendix II for being similar in appearance with regard to other Appendix I and II species, to ensure that trade in affected species is effectively controlled. Species listed in Appendix II require an export or re-export permit only. Appendix III species are under special management in a particular country and are listed by that country in order to receive the assistance of other countries in preventing unauthorized exports. Only export or re-export permits are required for species listed on Appendix III.

Rationale

Amending Schedule I of WAPTR in accordance with the changes made to the Appendices of CITES fulfills the requirement of Article XVI of CITES and subsection 21(2) of WAPPRIITA that the Regulations be amended in order to reflect any changes made to the CITES Appendices. The amendments will bring Canada’s Regulations on trade in endangered species into alignment with those of the other States members to CITES.

The alternative would be to not amend Schedule I of WAPTR in accordance with the changes made to the Appendices of CITES. Although there is little trade in the species involved in the amendments, this would mean illegally obtained specimens could be more easily smuggled into Canada and possibly re-exported to other countries. Not amending would also contravene the Convention and indicate to the Parties to the Convention that Canada will no longer participate in the implementation of CITES for those species. If this were to be the case, as per Article XXIII of the Convention, Canada would be required to enter reservations for each species or taxon that was not to be listed in Schedule I to the WAPTR. Such an action would severely restrict Canadian business opportunities to trade wild animals and plants internationally. As a non-Party for the species concerned, Canada would be obliged to implement a comparable administrative program without enjoying the benefits of participation, and the opportunity to influence CITES decisions.

Amendments to Schedule I of WAPTR in accordance with changes to CITES Appendices I, II, and III will have minimal impacts on Canada’s implementation of the Convention. Only two amendments are expected to have a minimal impact on Canadians. One involves the amendment to the annotation to goldenseal (Hydrastis canadensis) resulting in the international regulation of goldenseal powder. Canada and the US jointly drafted a new annotation for goldenseal, namely “designates underground parts (i.e. roots, rhizomes): whole, parts and powdered,” based on extensive discussions. The regulation of powdered forms of goldenseal was deemed necessary in order to close a loophole which allowed exporters to avoid the requirement for a CITES permit for goldenseal if it was in a powdered form. It should be noted that once CITES permits also apply to powder, roots will likely become the primary form of trade since the only reason for powdering roots was to avoid CITES controls. This species is already controlled under WAPTR. The intent of the amendment is to ensure that controls apply when the species is in powder form. This is expected to result in the issuance of a limited number of additional CITES permits.

The other decision somewhat impacting Canadians involves the new listing of Pernambuco wood (Caesalpinia echinata) in Appendix II where CITES permits will now be required for the importation and re-exportation of logs, sawn wood, veneer sheets and unfinished wood articles for musical instruments of this species. It is expected that one or two CITES permits per decade will be required from Canada to control trade under this new listing. This wood is used by some makers of bows for stringed instruments; however, the amendment provides an exemption for finished products and is expected to result in little or no impact on bow-making businesses in Canada. Other species that have been included in Appendices I, II, and III will have no or minimal impacts on Canadian business.

Consultation

Amendments to CITES Appendices I and II

Amendments to the CITES Appendices are adopted at a Conference of the Parties held every three years. At the Conference, the Parties review and vote on proposals to either list species, delist species, or change the status designation of a species in Appendices I and II of CITES. The Parties also evaluate progress in terms of restoration and conservation of species currently listed. Before every meeting, Environment Canada and other federal departments consult widely with the public on proposals to be brought forward by Canada and other Parties to the Convention.

Beginning in August 2006, Environment Canada contacted approximately 200 federal, provincial and territorial government agencies, non-governmental organizations and the general public on its CITES consultation list through mailings and the CITES-Canada Web site (www.cites.ec.gc.ca). The first mailout requested proposals to modify the CITES Appendices and the second requested comments on the proposals that had been submitted by the Parties for consideration.

A one day public meeting was held in advance of the 14th Conference of the Parties (COP 14) to receive information on the proposals. The meeting was held on April 20, 2007 in Gatineau, Quebec and was attended by representatives from non-governmental organizations including: the Humane Society of Canada, World Conservation Trust, International Wildlife Coalition / Species Survival Network, International Fund for Animal Welfare, Animal Alliance Environment Voters Party of Canada, North American Region Orchid Specialist Group, American String Teachers, American Federation of Musicians, and the International Pernambuco Conservation Initiative. Representatives from other federal government departments also attended. All views were taken into account when developing Canada’s positions for COP 14.

The Canadian delegation to COP 14 was composed of representatives from four federal departments (Environment Canada, Fisheries and Oceans Canada, Natural Resources Canada and Foreign Affairs & International Trade Canada) and the wildlife departments of three provincial and territorial governments (Nova Scotia, British Columbia and the Yukon). During the COP meeting, the delegation met daily with Canadian non-governmental observers to discuss species proposals and other issues and to review any proposed changes to the Canadian positions on the proposals under consideration by the COP based on new information.

Following the conclusion of COP 14, documents detailing the decisions made on each agenda item and species proposals, including the final Canadian voting position, were prepared and made publicly available on the CITES-Canada Web site at www. cites.ec.gc.ca.

Appendix III amendments

Parties to the Convention may at any time submit to the Secretariat a list of species to be added to Appendix III. These are species that the Party identifies as being subject to regulation within its jurisdiction for the purpose of preventing or restricting exploitation, and as needing the co-operation of other Parties in the control of trade. The listing nation may, at any time, decide to remove their species from Appendix III. Parties to the Convention usually cooperate by listing or de-listing the Appendix III species from their regulations as requested by the listing Parties. The Canadian CITES Management and Scientific Authorities have reviewed the proposed Appendix III additions and deletions and concur with them.

Implementation, enforcement and service standards

Compliance and enforcement

WAPPRIITA and WAPTR rely on a permit system as assurance that trade in CITES-listed wild animal and plant specimens is regulated. CITES permits issued in Canada by Environment Canada, Fisheries and Oceans Canada, and provincial/territorial wildlife authorities, as well as by foreign governments under their own respective legislation, satisfy the requirements of WAPPRIITA and WAPTR.

Environment Canada will promote compliance with WAPPRIITA and WAPTR through public education efforts including the CITES Web site, mail-outs, presentations, print advertisements and brochures, airport displays and trade show exhibits. These activities will specifically target those who may be affected by the amendments, including travellers, the pet industry and others.

Compliance promotion activities are intended to encourage the regulated community to achieve a high level of overall compliance as early as possible during the regulatory implementation process. Thus costs will be higher in the first year of coming into force than in subsequent years. These costs will be incorporated into existing compliance promotion budgets.

The primary means to detect non-compliance is the inspection of international shipments of wild animals and plants, their parts and derivatives at the border and other entry points. Officers may also inspect facilities where there are wild animal or plant specimens, or activities governed by WAPPRIITA.

WAPPRIITA and WAPTR are enforced collaboratively between Environment Canada and other federal and provincial/ territorial agencies. Upon agreement, officers from these agencies are designated by the Minister as officers for the purposes of WAPPRIITA. Federally, agencies other than Environment Canada involved in the enforcement of CITES include the Canada Border Services Agency, the Royal Canadian Mounted Police, and Fisheries and Oceans Canada. Provincial and territorial wildlife enforcement agencies are also involved because of their responsibility for species managed under provincial wildlife laws.

For an individual, the penalty for each violation of WAPPRIITA may be up to $25,000 and up to six months imprisonment on summary conviction, and up to $150,000 and imprisonment for up to five years when found guilty of an indictable offence. Corporations are liable to fines of up to $50,000 on summary conviction, and $300,000 for an indictable offence. Penalties may be doubled for repeat offenders. Minor infractions will be dealt with through a ticketing system, with fines ranging from $100 to a maximum of $400.

Contact

Mary Taylor
Director
Conservation Service Delivery & Permitting
Canadian Wildlife Service
Environment Canada
Gatineau, Quebec
K1A 0H3
Telephone: 819-953-9097
Fax: 819-953-6283
Email: mary.taylor@ec.gc.ca

Annex I: Summary of changes to the CITES Appendices incorporated into Schedule I of WAPTR.

Type	English Common Name	French Common Name	Species	CITES Notification
Appendix 1
Additions
	Cuvier’s gazelle, mountain gazelle	Edmi	Gazella cuvieri*	2007/022
	Slender-horned gazelle	Gazelle à cornes grêles	Gazela leptoceros*	2007/022
	Sawfishes	Poissons-scies	Pristidae spp. (except Pristis microdon)	2007/022
Deletion
	Arizona agave	Agavé	Agave arizonica	2007/022
Uplisted from Appendix II to I
	Guatemalan beaded lizard	Héloderme granuleux	Heloderma horridum charlesbogerti	2007/022
	Slow lorises	Loris lents	Nycticebus spp.	2007/022
Appendix II
Additions
	European eel	Anguille d’Europe	Anguilla anguilla (entry into force delayed to 13 March 2009)	2007/022
	Pernambuco tree	Bois de pernambouc	Caesalpinia echinata	2007/022
	Largetooth sawfish	Poisson-scie à dents larges	Pristis microdon (for the exclusive purpose of allowing international trade in live animals to appropriate and acceptable aquaria for primarily conservation purposes)	2007/022
Deletions
	Leaf-bearing cacti		Pereskia spp.	2007/022
	Leaf-bearing cacti		Pereskiopsis spp.	2007/022
	Leaf-bearing cacti		Quiabentia spp.	2007/022
	Oconee bells (plant)		Shortia galacifolia	2007/022
Downlisted from Appendix I to II
	Black caiman	Caïman noir	Melanosuchus niger (population of Brazil)	2007/022
	Dehesa bear grass		Nolina interrata	2007/022
Appendix III
Additions
	Verawood, Palo santo wood		Bulnesia sarmientoi (Argentina)	2007/038
	Central American cedar	Cèdre d’Amérique	Cedrela odorata —population of Guatemala (Guatemala)	2007/038
	Barbary deer	Cerf rouge	Cervus elaphus barbarus (Algeria)	2007/038
	Cocobolo		Dalbergia retusa population of Guatemala (Guatemala)	2007/038
	Honduras rosewood	Palissandre du Honduras	Dalbergia stevensonii population of Guatemala (Guatemala)	2007/038
	Almendro		Dipteryx panamensis (Nicaragua)	2007/021
	Map turtles	Graptémydes	Graptemys spp. (USA)	2006/019
	Midas Ear Abalone	Ormeau de l’Océan Indien	Haliotis midae (South Africa)	2007/007
	Alligator snapping turtle	Tortue alligator	Macrochelys temminckii (USA)	2006/019
Deletions
	Chinese soft-shelled turtle		Pelodiscus sinensis (China)	2005/029
	Mammals	Mammifères	Eleven (11) species of mammals listed by Ghana**	2007/007
	Birds	Oiseaux	One hundred and sixteen (116) species of birds listed by Ghana**	2007/007
	Reptiles	Reptiles	Six (6) species of reptiles listed by Ghana**	2007/007

* Transferred from Appendix III to Apendix I.

** To view the full list of species deleted, please visit the CITES Secretariat Web site at www.cites.org/eng/notif/2007.shtml.

Footnote a
S.C. 2002, c. 29, s.140

Footnote b
S.C. 1992, c. 52

Footnote 1
SOR/96-263