WILDLIFE EXPORT PERMITS

WILDLIFE EXPORT PERMITS

Wanda Saunby is a Program Officer with Enforcement Operations at Fisheries and Oceans Canada’s (DFO) Pacific Region Headquarters in Vancouver. She assesses applications and issues permits related to marine species. After several discussions, we requested that she write an article for the newsletter clarifying various permit requirements.

Clients often express frustration about the bureaucracy related to trading endangered species and marine mammals. I empathize with them – after all, I have to process all that paperwork! However, the bureaucracy, imperfect as it may be, is designed to protect the species from which they make a living. Legitimate traders have an important role in conserving these species.

Firstly, domestic and international endangered species legislation applies to most life forms: mammals, fishes, corals, flowers, trees, lichens, snails and insects. All marine mammals of Canadian origin are governed by the Marine Mammal Regulations of the Fisheries Act and can not be legally traded without a permit issued by Fisheries and Oceans Canada (DFO). Trade includes sale, barter, loans and gifting.

Taxidermists, artists and others who use various media in their work need to be fully informed about the identity, age and origin of the media. It doesn't matter how small the media is, it matters. If a work is traded inadvertently, or purposefully, without the proper documentation and/or permit, the work can be seized and destroyed by customs or wildlife officials. As well, the trader and the intended recipient are at risk of being charged with criminal offences and fined.

If you are using media made from a listed species or marine mammal, ensure you have documentation to prove lawful possession. If the source of the media will not or can not provide credible documentation, I strongly recommend you do not take possession.

When you trade your work, provide documentation to your client and keep copies of everything for your own records. If you’re uncertain what documentation is needed, ask whoever is issuing the permit/licence to authorize the trade.

Here’s an example of how things can go wrong: A client applied for an export permit for a costly whalebone carving and had no documentation. He did not ask for documentation from the artist when the piece was purchased and was unable to get it afterwards. The client paid an archaeologist to identify the species of whalebone and age the piece, hoping it would be prove to be pre-CITES Convention. It was found that the whalebone post-dated the Convention and was from an Appendix I-listed whale. Because there was no evidence that the whale had been killed and traded lawfully, I could not issue the export permit or a Marine Mammal Transportation Licence. The client could not legally trade the carving and ended up with a very expensive display piece for his home. It was a hard lesson for the client.

Note : had the client purchased the carving after the Species at Risk Act came into force, he would have had to surrender the piece to DFO, or be charged with unlawful possession of a Schedule I-listed species. No compensation would be available. (See “Species at Risk Act” section below for detail.)

Proof of Lawful Possession

When working with listed media or marine mammal media, the single most important thing is to maintain good documentation. It is essential to be able to prove the media was acquired lawfully.

• Ideally the media will have a licence or permit from the government agency responsible for the management of the species. For example, a DFO-issued Marine Mammal Transportation Licence (MMTL) authorizing the transport/change of ownership of an Atlantic walrus tusk taken in Nunavut. Note: the documentation must name the person in possession of the media.
  
• If the media are very old and have no permit or licence, documentation such as dated photographs or dated letters/diary entries related to the media may suffice to prove age and origins. Note: proof that CITES-listed media pre-date the 1975 Convention may afford a wider scope of trade opportunities.
  
• Certification of the identity and age of the media by a recognized expert may be useful. The expert could be a registered biologist, professor, or government employee.
  
• If no documentation exists, a written declaration certified by a lawyer or Commissioner for taking oaths can be submitted for consideration as proof of lawful possession.

The person authorized to issue the permit has the discretion to accept or not accept documentation presented as proof of lawful ownership. Contacting the applicable government agency in advance to confirm what documentation is needed and accepted may expedite the application process.

The following is an attempt to demystify or clarify some of the permits needed to trade endangered species and marine mammals, both internationally and in Canada.

CITES

CITES, or the Convention on International Trade in Endangered Species, came into force on July 1, 1975. It prohibits or restricts international trade of species designated as endangered by countries signatory to the Convention. Visit www.cites.org for detailed information about CITES and up-to-date species listings.

Note : many countries have domestic legislation that is more stringent than that of CITES. It is the exporter’s responsibility to contact the destination country and determine if there is domestic legislation affecting their shipment. For example, it is almost impossible to export works made with marine mammal media to the USA because of stiff domestic legislation.

Some countries also apply CITES differently. Canada, in strict accordance with the Convention, does not require an import permit for Appendix II-listed species (when exported from another country). But, some countries require both an export and import permit for Appendix II-listed species.

A Canadian resident in possession of an item made from a CITES-listed species can not legally export the item without a CITES Export Permit or CITES Re-Export Certificate issued by Canada. In some cases, the item can not be legally exported at all.

There are some exceptions for personal and household goods, but a letter is needed to authorize the exemption. In general, an item that is worn as part of one’s clothing or carried in hand luggage will be considered for exemption. Consult with the relevant CITES authority to apply for an exemption letter.

With credible proof of lawful possession in hand and the receiving country’s requirements determined, obtain an application from the relevant government agency and submit it as directed.

As the national lead, Environment Canada has authority to issue all import and export permits. However, Environment Canada Pacific Region does not issue permits. Clients wishing to apply for any import permit or export permits for species other than those issued by DFO and the province of BC, may contact those listed below:

CITES Deputy Administrator

Canadian Wildlife Service

Environment Canada

Tel. (819) 994-1528

Fax. (819) 953-6283

e-mail: Jean.Robillard@ec.gc.ca

The province of BC issues CITES export permits for terrestrial mammals (including polar bears), river otters, and scientific samples. Contact: 1‑866‑433-7272.

DFO issues CITES export permits for marine mammals (except polar bears), fishes (including shellfish), corals, and marine turtles. Contact:

Wanda Saunby

Fisheries & Oceans Canada

200 – 401 Burrard St., Vancouver, BC V6C 3S4

Telephone: 604-666-1796 ; Fax: 604-666-4313

saunbyw@pac.dfo-mpo.gc.ca

Marine Mammal Transportation Licence

By authority of the Marine Mammal Regulations of the Fisheries Act, a marine mammal transportation licence (MMTL) is required for the transport across provincial and territorial boundaries of marine mammals, live or dead, whole or parts, worked bone/ivory, skin and tissue samples, blood samples, etc. This requirement applies only to marine mammals of Canadian origin, i.e., whales, seals, sea otters, sea lions and walrus. Polar bears are not considered marine mammals for the purposes of these regulations.

At the discretion of a DFO authority, an MMTL may be required for transport within a province and/or territory, and/or for export of non-CITES listed marine mammals, and/or for import of Canadian-origin marine mammals. In general, when a marine mammal part is leaving the client’s possession, an MMTL is needed.

There may be territorial or provincial requirements for transport of marine mammals over and above the Marine Mammal Regs. It is the transporter’s responsibility to ensure the receiving territory or province’s requirements are met.

MMTLs are available from:

Wanda Saunby

Fisheries & Oceans Canada

200 – 401 Burrard St., Vancouver, BC V6C 3S4

Telephone: 604-666-1796 ; Fax: 604-666-4313

saunbyw@pac.dfo-mpo.gc.ca

Marilyn Joyce

Fisheries & Oceans Canada

200 – 401 Burrard St., Vancouver, BC V6C 3S4

Telephone: 604-666-9964 ; Fax: 604-666-3341

joycema@pac.dfo-mpo.gc.ca

Cliff Todd

Fisheries & Oceans Canada

985 McGill Place

Kamloops, BC V2C 6X6

Tel. 250-851-4877 ; fax. 250-851-7717

toddc@pac.dfo-mpo.gc.ca

Species at Risk Act (SARA)

The Species at Risk Act (SARA), the federal law that protects species of Canadian origin in peril (extirpated, endangered, threatened or “of special concern”), took full effect June 1, 2004. Species include birds, fish, mammals, amphibians, reptiles, insects and plants. See www.speciesatrisk.gc.ca for detailed information about SARA, and for species listings.

Under SARA it is an offence to kill, harm, harass, capture, take, possess, collect and sell species listed in Schedule I of the Act. It is also an offence to possess, collect, trade and sell parts or products derived from these species.

• The prohibitions became effective June 1, 2004;

• Prohibitions apply to all listed aquatic species (fresh and saltwater);
  
• Prohibitions apply to listed migratory birds covered by the Migratory Birds Convention Act;
  
• Prohibitions apply to all other listed species found on federal land; and
  
• If you possess media made of a Schedule I-listed species and can prove that it was killed or acquired before June 1, 2004, the prohibitions do not apply.

Incidental Harm Permits (IHP) may be issued by a government agency to permit taking of SARA-listed species. An authentic IHP would be considered for proof of lawful possession, or origin of a SARA-listed species.

Because SARA is designed to conserve, protect and rehabilitate species of concern, IHPs may be difficult to acquire. The responsible agencies will issue these permits only after stringent guidelines have been met.

Note: British Columbia and other provinces and territories have their own species at risk legislation and regulations. It is the responsibility of the shipper or trader to research and adhere to them. Province of BC’s site: http://srmwww.gov.bc.c a/atrisk/toolintro.html .

Using and trading media made of listed species and marine mammals is fraught with peril. It’s well worth the time to become well informed about these species and to keep good records of all acquisitions and trades. The more credible and clean the documentation accompanying applications for permits and licences, the smoother the bureaucracy will run.

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