US embassy cable - 03OTTAWA2376

UNCLAS SECTION 01 OF 05 OTTAWA 002376 
 
SIPDIS 
 
STATE FOR OES/ENV (ROSE), OES/ETC (ROTH), OES/OA, WHA/CAN 
(NELSON, WHEELER) 
 
EPA FOR OFFICE OF INTERNATIONAL AFFAIRS (CHRISTICH) 
 
INTERIOR FOR FISH AND WILDLIFE SERVICE (GLOMAN) 
 
INTERIOR FOR NATIONAL INVASIVE SPECIES COUNCIL STAFF (WILLIAMS) 
 
INTERIOR (A. GORDON BROWN) 
 
COMMERCE (DEAN WILKINSON) 
 
STATE PLEASE PASS ARMY CORPS OF ENGINEERS 
 
AGRICULTURE (REBECCA BECH) 
 
WHITE HOUSE FOR COUNCIL ON ENVIRONMENTAL QUALITY 
 
E.O. 12958: N/A 
TAGS: SENV, TBIO, ETRD, CA 
SUBJECT:  GOC FEDERAL ROLE IN THE BATTLE AGAINST ALIEN INVASIVE 
SPECIES 
 
REF:  OTTAWA 2225 
 
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SUMMARY 
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1.  An effective Canadian plan to deal with Alien Invasive Species 
(AIS) will require close coordination between provincial and 
federal governments, as well as renewed accountability and 
collaboration between federal government departments.  This cable 
outlines the federal-provincial jurisdiction and federal 
departmental mandates and roles.  At the federal level, a variety 
of legislative instruments are already in place that can be 
employed to address AIS; and federal government departments have, 
in their annual business plans, publicly stated their commitment 
to dealing with AIS problems.  We expect these existing federal 
tools will be used more actively in the near term as GOC 
departments seek to demonstrate to the incoming Prime Minister 
that they are serious about AIS, and as a consequence gain 
support for the nascent National Invasive Species Management and 
Policy Framework (reftel).  END SUMMARY. 
 
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Background 
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2.  In an October 2002 Report, the Canadian Commissioner of the 
Environment and Sustainable Development (CESD) devoted an entire 
chapter to the pressing issue of alien invasive species (AIS). 
The report noted that AIS are the 2nd leading cause of 
biodiversity loss in Canada (after habitat destruction) and 
inflict billions of dollars of damage to the economy every year. 
In 1992, Canada signed the United Nations Convention on 
Biological Diversity, which included a pledge to prevent and/or 
control AIS.  According to the Commissioner's report, however, 
there has been no effective GOC action on AIS. Indeed, the report 
found that, despite increasing numbers of invasive species 
entering Canada and their growing destructive influence, federal 
government efforts to deal with this issue remain in disarray, 
with "no clear understanding... who will do what to respond." 
 
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Federal-Provincial Jurisdictional Split 
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3.  Invasive species involve an expansive category of environmental 
responsibilities apportioned between the various levels of 
government in Canada.  The federal and provincial governments 
share jurisdiction for the protection of the environment 
according to the distribution of their legislative powers as 
described in the Canadian Constitution.  For example, federal 
agencies such as Transport Canada and the Department of Fisheries 
and Oceans (DFO) have authority on environmental issues relating 
to: inter-provincial and international transportation and 
communication; navigation and shipping; and sea coast and inland 
fisheries.  On the other hand, management of public lands and 
wildlife, considered "natural resources," come under provincial 
jurisdiction and responsibilities.  On some issues, such as 
agriculture, the Canadian Constitution gives concurrent 
jurisdiction to Ottawa and the provinces. 
 
4.  Clearly, for a coordinated nationwide approach to AIS, both the 
federal and provincial levels of government must be involved. 
However, the federal agencies usually have a role to play 
whenever provincial borders are crossed; thus the federal 
agencies are best positioned to take the lead in coordinating an 
overarching national plan.  The focus of this cable is, 
therefore, on describing the mandates and activities of key 
federal departments with a stake in the AIS issue.  We intend to 
provide a description of provincial activities and 
responsibilities in future reporting on this issue. 
 
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Environment Canada 
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5.  Environment Canada (EC) (www.ec.gc.ca) is the coordinating federa 
department in the development of a national invasive species 
strategy.  The Department of the Environment Act establishes EC's 
authority over "all matters relating to the preservation and 
enhancement of the quality of the natural environment," making it 
the natural choice to play a central role in any AIS effort. 
The mandate includes "the enforcement of rules and regulations 
arising from the advice of the International Joint Commission 
relating to boundary waters" and entitles EC to deal with 
questions arising between the US and Canada related to 
environmental quality. 
 
6. Within EC, the Canadian Wildlife Service (CWS) handles the 
federal government's responsibilities on wildlife issues, 
including protecting nationally important wildlife habitat 
and conducting scientific research.  Of key significance, 
the CWS, with the assistance of other federal departments 
and provincial and territorial wildlife agencies, 
administers the Wild Animal and Plant Protection and 
Regulation of Inter-provincial and International Trade Act 
(WAPPRIITA).  WAPPRIITA regulates the movement of wild 
species to and from Canada and within its provinces and 
territories in order to "protect Canadian ecosystems from 
the introduction of harmful wild species."  According to 
Robert McLean, Acting Director General, Conservation 
Strategies Directorate of EC, WAPPRIITA was designed 
expressly for the purpose of allowing the government to 
identify and place on a "prohibited" import list any species 
that could be invasive if it were to establish itself in 
Canada.  Indeed, the House of Commons Standing Committee on 
Fisheries and Oceans (SCOFO) has recommended that grass, 
bighead, silver and black carp and any other aquatic alien 
species deemed harmful to Canadian wildlife or ecosystems be 
immediately listed in Schedule II (the prohibited list) of 
the WAPPRITTA regulations in order to prohibit their 
importation into Canada in a live state. 
 
7. Environment Canada also administers the Canadian Environmental 
Protection Act (CEPA) that provides a safety net for 
government action on AIS.  The Act provides the federal 
cabinet the authority, subject to advice from the Federal- 
Provincial Environment Ministers' Council, to regulate 
"toxic substances".  Under the Act a "substance" is "any 
distinguishable kind of organic or inorganic matter, whether 
animate or inanimate;" and "a substance is toxic if it is 
entering or may enter the environment.under 
conditions.having, or that may have an immediate or long- 
term harmful effect on the environment.constituting.a danger 
to the environment on which human life depends.or.to human 
life or health." 
 
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Transport Canada 
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8.  Transport Canada (TC) (www.tc.gc.ca) works to maintain a Canadian 
transportation system that, among other things, is 
environmentally friendly.  TC's Environmental Protection and 
Sustainable Development efforts focus on ensuring the 
department's compliance with applicable environmental laws and 
regulations.  They are also directed to the need for TC to assess 
and address the impact its operations have on the environment. 
TC's environmental impact would include the risk of importing AIS 
along human and cargo transportation pathways.  Currently TC's 
main effort related to AIS concerns the arrival of AIS in ships' 
ballast water (BW).  BW is internationally recognized as one of 
the most pernicious pathways for aquatic AIS and is presumed 
responsible for the presence of zebra mussels in the Great Lakes, 
one of the most well known cases of an invasive species in 
Canada.  TC has "the authority to regulate the control and 
management of ballast water" in Canadian waters under the latest 
series of amendments made in 1998 to the Canadian Shipping Act. 
 
9. According to the 2002 assessment by the CESD, however, TC, despite 
having a clear statutory mandate, "does not regulate ballast 
water discharges; nor does it monitor or report on compliance 
with existing guidelines."  The CESD also noted that "Canada 
relies exclusively on US inspection and enforcement" of BW 
practices in the Great Lakes and that "there is no official 
arrangement between Transport Canada and the US authorities to co- 
operate on inspection or enforcement or to exchange information." 
Furthermore, the report points out that TC does not intend to 
apply planned mandatory BW regulations from its sustainable 
development strategy to Canada's coasts, leaving some areas open 
to new AIS.  TC has responded to the CESD criticisms by stating 
that it relies on the Department of Fisheries and Oceans (DFO) 
"to identify criteria that could form the basis of an effective 
ballast water regulation" and that these criteria have not yet 
been forthcoming. 
 
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Department of Fisheries and Oceans 
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10.  The Department of Fisheries and Oceans (DFO) (www.dfo-mpo.gc.ca) 
is charged with the support of economic, ecological, and 
scientific interests in Canadian oceans and inland waters.  DFO's 
Fish Habitat Management Program "plays a pivotal role in the 
conservation and protection of fish habitat in Canada" supported 
by its enforcement of the related provisions in the Fisheries 
Act.  The Fisheries Act, Coastal Fisheries Protection Act, and 
Fish Inspection Act could enable DFO to prohibit and monitor the 
possession or release into the wild of potentially harmful 
aquatic AIS.  The House of Commons SCOFO determined in its May 
2003 report on aquatic AIS that DFO "has the jurisdiction and the 
legislative authority under section 43 of the Fisheries Act to 
ban the sale of... potentially invasive species of fish." 
COMMENT:  This recommendation may seem redundant in the face of 
WAPPRIITA's Schedule II list of potentially harmful species 
illegal to import.  It appears, however, that DFO, under the 
Fisheries Act, can prohibit the sale of these fish species 
anywhere in the country, regardless of their movement into, out 
of, or within Canada.  END COMMENT. 
 
11.  In its response to the CESD Report of April 2002, DFO committed 
to "take the lead role with respect to the portion of the 
national action plan that deals with aquatic invasive species." 
It expects to have defined science priorities for researching and 
addressing the threat of aquatic AIS by fall 2003.  It remains to 
be seen how ballast water management fits in to these DFO 
priorities.  It told the CESD: "it is not responsible for 
developing science-based criteria that could form the basis of a 
ballast water regulation.  This, of course, contradicts TC's 
position (para. 9) and illustrates the challenges of overlapping 
jurisdictions and responsibilities. 
 
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Canadian Food Inspection Agency & Agriculture and Agri-Food Canada 
--------------------------------------------- --------------------- 
12.  The Canadian Food Inspection Agency (CFIA) 
(www.inspection.gc.ca), which reports to the Minister of 
Agriculture and Agri-Food, conducts all Canadian federal food, 
animal, and plant health inspection programs.  It committed to 
addressing the threat of invasive species in its 2000 plan for a 
national import strategy and testifies to continued collaboration 
with other federal agencies on AIS in its 2003-2008 Corporate 
Business Plan.  Since its inception in 1997, the CFIA has been 
the agency of implementation for some of Agriculture and Agri- 
Food Canada's policies and laws, including the Plant Protection 
Act and the Seeds Act (see paras 13 and 14). 
 
13.  Agriculture and Agri-Food Canada (AAFC) (www.agr.gc.ca), as well 
as the provincial agricultural ministries, have been conducting 
operations against AIS in one form or another for decades. 
Maintaining environmental health in conjunction with agricultural 
activity is part of AAFC's mandate.  Its Agricultural Policy 
Framework, developed in cooperation with provincial ministries of 
agriculture, recognizes the need to preserve Canadian 
biodiversity.  A Canadian Wildlife Service report (1993) on 
invasive plant species described the federal Seeds Act 
(administered then by AAFC but now by the CFIA) to have "minimal 
utility" for AIS control efforts, instead acting as a weak method 
of prevention.  (The report saw promise, however, in retooling 
the Provincial Weed Acts to improve efforts to prevent, control, 
or eradicate invasive species in Canada, via modifications to 
these Acts to update and expand the list of target species, 
enlarge the area of the laws' application, and increase 
administrative resources for monitoring and enforcement.) 
 
14.  According to the Summary of Environmental Law in North America 
prepared for the North American Commission for Environmental 
Cooperation (www.cec.org), the Plant Protection Act (PPA), 
administered by the CFIA, is the most comprehensive piece of 
Canadian federal legislation that is relevant to controlling and 
combating AIS.  The PPA is designed to protect the agricultural 
and forestry sectors of the Canadian economy from pests.  Through 
this Act, the CFIA can potentially prevent the importation and 
spread of AIS and control or eradicate established pest 
infestations.  It gives CFIA the authority to conduct 
inspections, searches, and seizures of materials suspected of 
harboring AIS.  Except as permitted under the PPA's regulations, 
"no person shall move, grow, raise, culture, or produce any thing 
that there are reasonable grounds to believe is a pest, that is 
or could be infected with a pest or that constitutes or could 
constitute a biological obstacle to the control of a pest." 
COMMENT:  The AAFC, CFIA, and PPA are concerned primarily with 
the safeguarding of Canadian agricultural interests against pests 
of all types.  Nevertheless, many AIS are included among these 
harmful pests and the language of the PPA allows for 
comprehensive measures to be put into place to protect against 
importing new AIS and to control the spread of established AIS. 
The umbrella the PPA sets up to protect certain economic 
interests can shelter other interests, both economical and 
environmental, against the harmful influence of AIS. End comment. 
 
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Canadian Forest Service 
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15.  Canada is home to 10% of Earth's forests, which shelter about 2/ 
of plant and animal species in Canada.  The Canadian Forest 
Service (CFS) (www.nrcan-rncan.gc.ca/cfs-scf), part of Natural 
Resources Canada, has federal responsibility for the state of 
Canada's forests and it recognizes the increasing threat of AIS. 
The Forestry Act is the legal basis for CFS, through the mandate 
of the Minister of Natural Resources, to conduct "research 
relating to the protection, management and utilization of the 
forest resources of Canada" and to "establish and maintain 
laboratories and other necessary facilities for those purposes." 
One goal of the CFS's action plan "Biodiversity in the Forests" 
is "to further the understanding of the impacts of forest 
management... such as the introduction of exotic tree species" 
and it identifies exotic pest species as a "key biodiversity 
issue."  NOTE:  The CFS and Natural Resources Canada are absent 
from most of the major documents detailing the GOC efforts on 
AIS.  While the Canadian Council of Forestry Ministers is playing 
a role in the development of the national plan, the CFS does not 
appear to have a central role in a national AIS strategy.  Its 
mandate in this matter appears to focus on research efforts 
concerning the measure of biodiversity and taxonomy issues.  The 
CFS publication of "Alien Invaders in Canada's Waters, Wetlands, 
and Forests" in the fall of 2002 provides a useful comprehensive 
overview of AIS in Canada including invasion pathways, affected 
sectors, management and control efforts, and national and 
international collaboration on AIS, information on the 
publication is available at the CFS website noted above.  END 
NOTE. 
 
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COMMENT 
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16.  Despite the absence of a comprehensive act or law addressing AIS 
federal GOC agencies can effectively employ a number of 
legislative tools in their efforts to curb environmental, social 
and economic threats posed by invasive species.  The Plant 
Protection Act (PPA), in place since 1990, provides a general 
framework for actions against exotic pest species, including the 
establishment of inspection facilities, checkpoints, and the 
authority of the inspectors to enforce regulations.  The PPA's 
broad focus lays the foundations for follow-up acts, such as 
WAPPRIITA in 1992, to reinforce and further define efforts to 
control AIS.  DFO and Transport Canada have the mandate and the 
resources to act quickly to protect against aquatic AIS under 
such legislation as the Fisheries Act and the Canadian Shipping 
Act.  As documented in the SCOFO and CESD reports, explicit 
action can be taken now to fight AIS, if these federal agencies 
have the necessary will and can commit needed resources to the 
task, as well as improve their level of cooperation.  GOC 
officials focusing on AIS know that their agencies must use these 
existing tools expeditiously and effectively to gain credibility 
for the nascent National Invasive Species Management and Policy 
Framework (reftel).  That "national strategy" is, in turn, an 
essential first step for Canada in its progress toward a North 
American strategy on AIS. 
 
CELLUCCI