Regulations Amending the Wild Animal and Plant Trade Regulations: SOR/2018-81

Canada Gazette, Part II, Volume 152, Number 9

Registration

April 23, 2018

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

P.C. 2018-435 April 20, 2018

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

Regulations Amending the Wild Animal and Plant Trade Regulations

Amendment

1 Schedule II to the Wild Animal and Plant Trade Regulations ^{footnote 1} is replaced by the Schedule II set out in the schedule to these Regulations.

Coming into Force

2 These Regulations come into force on May 12, 2018, but if they are registered after that day, they come into force on the day on which they are registered.

SCHEDULE

(Section 1)

SCHEDULE II

(Paragraph 5(a), subsections 6(1) and (2), section 14, subsection 15(1) and section 20)

Other Species Requiring an Import Permit

1 Species that are included 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.

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

3 Only the Latin scientific nomenclature has legal status in this Schedule. The English and French common names are included for reference only.

FAUNA

Item	Column I Regulated Taxa	Column II English Common Name	Column III French Common Name
1.0.0	MAMMALIA
1.1.0	CARNIVORA
1.1.1	CANIDAE
	(1) Nyctereutes procyonoides	Raccoon dog	Chien viverrin
1.1.2	HERPESTIDAE	Mongooses	Mangoustes
	(1) Atilax spp. (2) Bdeogale spp. (3) Crossarchus spp. (4) Cynictis spp. (5) Dologale spp. (6) Galerella spp. (7) Helogale spp. (8) Herpestes spp. (9) Ichneumia spp. (10) Liberiictis spp. (11) Mungos spp. (12) Paracynictis spp. (13) Rhynchogale spp. (14) Suricata spp.
1.1.3	EUPLERIDAE	Malagasy Mongooses	Mangoustes de Madagascar
	(1) Euplerinae spp. (2) Galidiinae spp.
2.0.0	AVES
2.1.0	PASSERIFORMES
	(1) Sturnidae spp. (except/saufGracula religiosaand /etSturnus vulgaris )	Starlings, mynas and oxpeckers	Étourneaux, mainates et pique-bœufs
3.0.0	AMPHIBIA
3.1.0	CAUDATA	Salamanders, newts, mudpuppies and axolotls	Salamandres, tritons, nectures et axolotls
	(1) Ambystomatidae spp. (2) Amphiumidae spp. (3) Cryptobranchidae spp. (4) Dicamptodontidae spp. (5) Hynobiidae spp. (6) Plethodontidae spp. (7) Proteidae spp. (8) Rhyacotritonidae spp. (9) Salamandridae spp. (10) Sirenidae spp.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

A disease-causing fungus, Batrachochytrium salamandrivorans (Bsal), originating in Asia, has been devastating populations of native salamanders in European countries. It is thought that trade in salamanders via the pet industry is the primary means through which the disease spread from Asia. If the fungus enters Canadian ecosystems, the impacts on domestic salamanders would likely be severe. While many Asian salamander species have evolved resistance to or tolerance of Bsal, experimental exposure trials reveal that salamanders from other parts of the world, including salamanders that range into Canada, are highly susceptible to infection.^{footnote 2} To date, there is no known case of infection in salamanders in Canada or in the United States (U.S.). If introduced, the expectation is that Bsal is likely to survive and persist in many parts of Canada, and would be impossible to eradicate.^{footnote 3}

A temporary one-year import restriction on all salamander species has been in place in Canada since May 12, 2017, and will expire on May 11, 2018. This emergency measure was introduced under the Wild Animal and Plant Trade Regulations (WAPTR), pursuant to the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA). The purpose of the one-year restriction was to help prevent the introduction of Bsal into Canadian ecosystems while additional scientific data was collected and analyzed, and longer-term options were explored. The best available scientific information at this time indicates that Bsal continues to pose a significant conservation threat to Canadian salamanders.

Background

There are approximately 700 living species of salamanders, some commonly known as newts, mudpuppies or axolotls, which form the taxonomic order Caudata.^{footnote 4} North America is home to almost half of the world’s salamander species, where they play an important role in the fabric of ecological systems. There are 22 salamander species native to Canada. Seven species have been designated, under the Species at Risk Act, as either endangered, threatened or of special concern. Among the most abundant vertebrates in the forest habitats in which they occur, salamanders play a significant role in nutrient and carbon cycling. They also play a key ecological role as part of the food chain, where they prey heavily on insects and arthropods, including mosquito larvae and ticks. Salamanders are also a prey species for larger predators.

Bsal infects the skin layers of susceptible salamander species and can lead to skin lesions, loss of control of bodily movements, and death. Once introduced, the fungi can spread through direct contact (skin to skin) and environmentally through contact with organic materials such as mud, water and leaf litter.^{footnote 5} It is suspected that Bsal spread from East Asia, where it is endemic, to Western Europe via international trade of amphibians. Salamanders have been imported into Canada primarily as pets and for research purposes. It is estimated that almost half of the salamanders imported into Canada originate from affected areas in Europe and Asia.^{footnote 6} Asian species of salamanders can carry Bsal without showing symptoms, making detection at Canada’s ports of entry particularly difficult.

Scientific research has been taking place on species susceptibility to Bsal, disease transmission, the geographic distribution of the disease in the wild, and potential treatment options. Recent research that has informed the Government of Canada’s policy approach indicates that nearly any salamander species that is sufficiently exposed to Bsal can pose a risk of transmitting the disease.^{footnote 7}

International context

A number of compulsory and voluntary controls on salamander imports have been implemented by other countries, jurisdictions and organizations in order to reduce the risk of spread of disease.

In Europe, under the Bern Convention,^{footnote 8} a recommendation was adopted in December 2015 to restrict the salamander trade, undertake pre-import screening, and establish monitoring programs to control the possible further spread of the disease.

In January 2016, the U.S. adopted trade prohibitions for salamanders under the Lacey Act.^{footnote 9} Its approach restricted the import of any salamander species in a given genus where there was, at that time, confirmation that at least one species in that genus was susceptible to Bsal (and where there was not countervailing conclusive evidence suggesting that some species within a particular genus are not susceptible). As a result, the U.S. restricted the importation of 201 species of salamander and did not restrict the import and trade of species within genera for which susceptibility to infection was not known. Importation of listed species under the Lacey Act is only allowed with a permit and only for medical, scientific, zoological, and educational purposes.

In May 2017, Batrachochytrium salamandrivorans was also added to the World Organization for Animal Health (OIE) list of aquatic animal diseases in the Aquatic Animal Health Code.

Objectives

The objective of the Regulations Amending the Wild Animal and Plant Trade Regulations (the Regulations) is to prevent the introduction of the fungal disease, Bsal, into Canadian ecosystems by prohibiting the importation of all species of salamanders, unless authorized by a permit. This regulation would replace the temporary, one-year restriction that has been in place since May 12, 2017 and will expire on May 11, 2018.

Description

The Regulations add the entire order Caudata (i.e. all salamander species) to Schedule II of WAPTR, thus prohibiting the import of all species of that order, living or dead, including any part, derivative, egg, sperm, tissue culture or embryos, unless authorized by a permit. Restricting the import of all salamander species is consistent with the precautionary principle, and takes into consideration the evolving understanding of the disease. This approach is also the most practical to enforce as enforcement officers are able to assume that all salamander imports require a permit, and they do not need to differentiate between species of salamanders, which is often difficult to do.

Permitting

Prospective importers of Caudata species are required to submit a permit application to the Minister of the Environment. Each permit application will be assessed on a case-by-case basis using the best available information. The policy for the issuance of these permits, which is posted on the Government of Canada website, applies a precautionary, risk-based approach, with the goal of protecting native salamander species, and may evolve as new scientific data about Bsal transmission and species susceptibility emerge.

The policy provides guidance on factors the Minister may consider in deciding whether an import permit can be issued and identifies risk categories which are based on factors such as the area of the world where the shipment originated, the susceptibility of the species to the fungus, and the type of specimen to be imported (e.g. extracted DNA, live salamanders or parts preserved in ethanol or formalin). Two initial risk categories have been identified, covering high-risk and low-risk scenarios. For the low-risk category, a simplified permitting process is available with basic information requirements in the application form (e.g. exporter and importer contact information, scientific name of species, specimen type, country of origin/transit, etc.). For the high-risk category, additional information is required (e.g. documentation of biosecurity measures,^{footnote 10} importer’s qualification, housing and care, etc.). Factors considered in assessing any permit application will include the country of origin of the specimens and transit routes (e.g. if the specimen transited through geographic areas where Bsal is known to occur). In either case, additional information may be sought from a permit applicant. The assignment of prospective salamander imports to the low-risk or high-risk category may also change, as scientific data evolves.

There are no fees for obtaining a permit under WAPPRIITA. Once applications are submitted, the time required for permit decisions depends on the complexity and completeness of the application, and the volume of permit applications being considered at that time, etc.

Costs and benefits

This cost-benefit analysis discusses the incremental impacts of the import restriction on all salamanders, from a societal perspective. Incremental impacts are defined as the differences between the baseline scenario and the policy scenario.

Under the baseline scenario, the temporary restriction expires on May 11, 2018 and no new action, beyond voluntary measures,^{footnote 11} is taken to prevent the introduction and spread of the Bsal fungus into Canada. Under this scenario, based on scientific evidence and the destructive effects that Bsal has already had in Europe,^{footnote 12} it is reasonable to assume that this disease could devastate susceptible wild salamander populations in Canada and cause irreversible damage.

The policy scenario refers to the situation in which the import of salamanders without a permit is prohibited, through an amendment to WAPTR. There would be fewer imported salamanders available for pet stores, research, education, biomedical research, zoological facilities, and veterinary services. Under this scenario, exposure of domestic salamander species to Bsal is unlikely.

Costs provided in present value terms are discounted at 3% over the period of 2018–2027. Unless otherwise noted, all monetary values reported in this analysis are in 2017 Canadian dollars.

Context

A cost-benefit analysis informing a decision about whether to take action to protect a species generally involves three challenges.

• (1) There is uncertainty about whether the effort to facilitate the species’ survival would be successful.
• (2) The benefits of protecting the species are known with less certainty than the costs, making a calculation of probable net benefits difficult due to limited information.
• (3) A decision to protect the species by prohibiting imports could be reversed in the future, if needed. However, a decision against prohibiting imports which results in the loss of one or more of the 22 salamander species native to Canada cannot be reversed.

To reflect these challenges, the cost-benefit analysis attempts to use the best available information and the appropriate economic analytical framework. Although the benefits associated with the continued existence of the species cannot be attributed to the import restriction alone, some information about the value of the species overall is provided below for context.

Benefits

Facilitating the preservation of a given species, like any of the 22 species of native, wild salamander, contributes to overall biodiversity, the maintenance of which is essential for healthy ecosystems. More diverse ecosystems are generally more stable and better able to withstand change, and thus the goods and services they provide to society are also more stable over time.

To describe the benefits of the Regulations, the standard economic approach of Total Economic Value (TEV) will be used to discuss the market and non-market benefits of preserving salamanders. This analysis will discuss indirect use as well as non-use values.

1. Indirect use values

Salamanders can potentially reduce carbon emissions by consuming insects that break down leaf litter and release carbon dioxide into the atmosphere.^{footnote 13}, ^{footnote 14} One study found that in a hectare of land, a single Ensatina salamander can prevent the release of 200 kg of carbon per year.^{footnote 15} At this rate and if a similar density is assumed across its range, then 72.3 metric tons of carbon could be retained by this one species in a year across its range in Canada.^{footnote 16} This retained carbon would be equivalent to 265.1 metric tons of carbon dioxide (CO₂) per year, roughly what is emitted from burning 31 000 litres of gasoline. This study assumed that all woodland salamanders would similarly retain carbon.

In order to have a monetary measure of the climate change-related impacts expected from the emission of one additional metric ton of CO₂ equivalent (CO₂e) in a year, the Department of the Environment adopted the Social Cost of Carbon (SCC) in 2011.^{footnote 17} Using the 2017 SCC value set at $45.35/metric ton of CO₂e, the estimated value of damage avoided due to the continued existence of the Ensatina salamander species alone is over $12,000 per year. Over 10 years at a discount rate of 3%, the total damage avoided would be up to $115,000. The estimate rises to over $50,000 per year when the 2017 value of CO₂e is set at $189.10/metric ton under a low probability, high impact scenario, or almost $500,000 over ten years.

Moreover, salamanders that develop burrowing systems underground play an important role in soil dynamics, which is a key function of a healthy ecosystem. By creating underground burrows and using these passages long-term, there are three important ecological effects. The first is a transfer of nutrients, fungi, and other microorganisms from the forest floor to subsurface plant root systems. The second is the nutrients found in their excrement and organic matter that are consumed by bacteria and fungi. The third is the increased dispersion of oxygen, nitrogen, and carbon dioxide in the soil.^{footnote 18} Salamanders that retreat into underground burrows during disastrous events such as forest fires and volcano eruption may help reset the timelines of the ecosystem recovery in the forest.^{footnote 19}, ^{footnote 20}

Salamanders keep the ecological balance in ponds as predators by regulating the number of frog tadpoles.^{footnote 21} They also play an important role as prey for species at risk like the endangered Spotted Turtle (Clemmys guttata),^{footnote 22} the endangered Butler’s Gartersnake (Thamnophis butleri), ^{footnote 23} and of special concern, the Great Blue Heron (Ardea herodias fannini). ^{footnote 24}Salamanders are a keystone species which balance many different ecosystems due to their position in the food chain. A decrease in their population could result in a substantial change in the population of their predators and prey.

Ecosystem function is driven and maintained by the flow of energy and nutrients among organisms. ^{footnote 25} Salamanders are an excellent source of nutrient cycling in aquatic and terrestrial ecosystems. ^{footnote 26}These amphibious creatures are prevalent in wetlands, ^{footnote 27} riparian habitats, ^{footnote 28} and deciduous forests. ^{footnote 29} Salamanders are an important prey for many higher predators in these different habitats including birds, fish, reptiles, and mammals.

2. Option value

Society often places a value on retaining the option of possible future uses associated with a species. The “option value” of salamanders to Canadians could stem from the preservation of its genetic information that may be used in the future for biological, medicinal, industrial, or other applications. Amphibians have already been recognized as a medicinal source in modern science and traditional folk medicine. For instance, in the last few decades, scientists have been interested in understanding how salamanders regenerate lost limbs. Understanding this biological feat could lead to human organ and/or limb regeneration. ^{footnote 30}

3. Existence and bequest value

Beyond the conventional use-values of a species, many people also derive well-being, satisfaction, and perceive benefits simply from knowing that a species still exists (existence value) or will exist in the future (bequest value). These non-use values are considered to be altruistic, but contribute to the welfare of Canadians. Although no quantitative estimates of the existence value of salamanders are available, studies indicate that society does place substantial value on vulnerable species. ^{footnote 31}, ^{footnote 32}

Costs

The incremental costs to affected businesses and consumers are discussed below.

1. Commercial industry

1 (a) Pet industry

Pet stores may be affected by the import restriction if they do not succeed in obtaining import permits for salamander species. This analysis of the costs to the pet trade industry assumes that all imports for this industry would cease. Consequently, this decrease in the supply of foreign salamanders in the household pet industry may be an overestimation since permits for pet stores will be considered. Also, pet stores would still be able to sell the supply of their current stock of salamanders since salamanders already in the country are unaffected by the import restriction.

The appropriate economic approach to calculate the loss incurred by the household pet industry is to calculate how much well-being is lost to consumers and to pet stores. To do this, information on the demand by consumers for salamanders and information on the minimum price the suppliers would accept for salamanders are needed. However, since data for the demand and supply for imported salamanders is not currently available, this analysis will cover the estimated reduced profits of pet stores.

Data on imports of salamanders is often indistinguishable from imports of other species in Canada. ^{footnote 33} Between 2010 and 2014, the U.S. imported 778 968 salamanders. ^{footnote 34} Assuming that salamander demand in Canada is similar to demand in the U.S., and taking into consideration that Canada’s population is approximately 11% of the U.S. population, the Department of the Environment estimates that there were approximately 85 000 salamanders imported into Canada over the same period, or approximately 17 000 salamanders per year. Salamanders can range in price from $10–$250 depending on the species. Pro-rating the percentages of different species imported and their respective prices from U.S. quantities and prices gives a potential total loss of revenue of up to $300,000 in one year. Assuming a net profit margin of 3.6%, based on average annual revenues and profits of pet and pet supply stores available from Statistics Canada, ^{footnote 35} lost net profit from salamanders could be up to approximately $11,000 across Canada in a given year, or up to $100,000 over ten years. This is most likely an overestimation since permits may be issued in some cases and consumers would likely purchase other species as substitutes over time, such as other amphibians or even reptiles. Also, domestic salamander breeders may also increase production to compensate for the decrease in imported salamanders. These substitutions could fully or partially offset any losses in this industry.

1 (b) Asian food markets

Salamanders have been found to be sold in some Asian food markets in Canada. Data on this suggests that these salamanders are domestic and not frequently imported. Therefore, the Asian food markets are likely to be unaffected by the import restriction.

2. Research, educational, biomedical research, and zoological facilities

Research, educational, and biomedical groups and zoological facilities may be affected by the import restriction. However, these facilities may also be able to obtain import permits. One of the factors in the permitting policy noted above is the availability of bio-security measures, which these facilities typically have. It is assumed that there would be relatively few permit applications received for these purposes, perhaps less than 25 per year, leading to minimal costs associated with permit applications for Canadian research and scientific facilities.

3. Government of Canada

A cost of about $15,000 for compliance promotion is expected in the first year (e.g. fact sheets, letters to stakeholders, presentations at pet trade conferences and meetings, etc.). A reassessment of compliance promotion costs may have to be made after the first year should it be determined that continued or increased efforts are required to ensure compliance. Costs associated with enforcement activities will depend upon how much intervention at the border will be required, e.g. number of shipments stopped, euthanasia and disposal. It is estimated that the most likely scenario would involve enforcement costs of $552,000 per year. In addition, it is safe to assume that costs will decrease with time as the regulated community becomes aware of the restrictions, resulting in higher compliance rates.

It is difficult to estimate the number of permit applications the Department of the Environment will receive. It is assumed that the total number of applications would be low (i.e. less than 250 each year) and the costs of receiving and processing permit requests would be absorbed by the Department (i.e. $104,000 in personnel costs per year). To reflect the most likely scenario to result from the implementation of the Regulations, the preliminary estimate for the total costs to the government is $671,000 per year or up to $7,000,000 over ten years.

“One-for-One” Rule

The effect of the Regulations will be that individuals wishing to import salamanders will have to seek a permit, which may result in incremental administrative burden on importers. The One-for-One Rule therefore applies. Although the above analysis of costs to business assumes that all imports of salamanders for commercial purposes would cease, some permit applications may be made by businesses and some permits may be issued to them. As mentioned earlier, it is estimated that approximately 17 000 salamanders are imported into Canada each year. Businesses may not be able to demonstrate the biosecurity requirements that are expected to be necessary for high-risk imports, so it is assumed that businesses will shift to importing species in the low-risk category, rather than decreasing the overall number of salamanders that are imported.

WAPPRIITA permits are issued per shipment. Assuming an annual demand for the import of 17 000 salamanders, and approximately 100 specimens per permit application, it is estimated that the Minister would receive 170 low-risk permit applications per year from businesses. These 170 low-risk permit applications are anticipated to each require one hour of labour (30 minutes to learn about the process, and 30 minutes to complete the application), by a retail worker with a labour cost of $19.86 per hour, resulting in annualized administrative burden costs for businesses of $2,279. Estimates of labour time required are based on past surveys of permit applicants conducted by the Department. These are likely overestimates, as limited information will be required for low-risk permit applications.

Small business lens

Most pet stores in Canada are expected to be small businesses. However, the proposal would result in nationwide cost impacts under $1,000,000 per year, and would not disproportionately impact small businesses. Therefore, the small business lens does not apply to this proposal.

Consultation

Targeted consultations on the proposed longer-term restriction were undertaken through teleconference meetings in November 2017. Groups consulted included: Government of Canada partners, through the Federal Partners in Wildlife Health Committee (FPWH)^{footnote 36}; provincial governments through the Canadian Wildlife Directors Committee (CWDC)^{footnote 37}; business and industry through the Pet Industry Joint Advisory Council; Canada’s Accredited Zoos and Aquariums; and twenty identified importers; researchers and academics through the Canadian Wildlife Health Cooperative, Canadian Herpetology Society, and the Amphibian Specialist Group Canada. Response from all stakeholders was overall overwhelmingly positive and supportive of the proposed regulation. U.S. colleagues contacted through the U.S. Fish & Wildlife Service and the Association of Zoos & Aquariums also supported the approach.

In addition, the Department published a Notice of Intent (NOI) in the Canada Gazette, Part I, on October 28, 2017, to invite Canadians to provide comments and feedback on the proposed longer-term regulatory measure to protect Canadian salamanders. Seven responses were received, one from an individual, one from an academic, two from Environmental Non-Governmental Organizations (ENGOs), one from a small business, one from a provincial government department, and one from a federal government department. All were supportive of the proposed regulation. Small businesses and academics indicated support for a permitting policy that would allow for some low-risk importation. One of the ENGOs and the federal government department noted the need to rely on the precautionary approach with respect to deciding on high-risk versus low-risk categories.

A survey was also developed and made available on the Department of the Environment website from December 13, 2017, to January 19, 2018, and promoted through stakeholder organizations and social media. The objective was to gain further understanding of: who purchases salamanders and for what purpose; how many salamanders are imported now and may be imported in future; where they are being imported from; what drives the purchase of a particular salamander; and potential continuing demand for imports of salamanders.

There were 173 survey responses. The majority of respondents were pet owners, followed by researchers. Numbers of salamanders purchased and sold were relatively low. ^{footnote 38} For vendors, figures indicated that the restrictions would have an impact but that it would not be detrimental to most businesses. Most salamanders purchased by survey respondents were from Canada and the United States, which are low risk geographic regions for Bsal. However, 25% were imported from Europe and 19% from Asia, which are higher risk regions. Survey results also indicated a preference for captive bred over wild animals. Over a third of respondents were aware of breeders within Canada, where there is currently no Bsal. These results indicate that with the import restriction in place, there will still be options available to those wishing to purchase salamanders. Information from the survey also informed the development of the permitting policy and import restriction.

Rationale

The Regulations are expected to contribute to the preservation of salamanders and protect the species from an imminent threat. The import restriction is indeterminate, as the threat of Bsal introduction into Canadian ecosystems is expected to persist well beyond the period of time that would be covered by a temporary measure. Alignment of the Regulations with the U.S. import restriction on salamanders was considered; however, a more precautionary and flexible regulatory approach is preferred in Canada. U.S. regulations restrict the import of a fixed list of salamander species belonging to a given genus where there was confirmation that at least one species was susceptible to Bsal at the time the measure was put into place. Canada’s Regulations restrict the import of all salamanders, consistent with the latest science indicating that nearly any salamander species sufficiently exposed to Bsal can pose a risk. In addition, the U.S. regulation does not allow the possibility of issuing permits for commercial or personal purposes, while Canada’s Regulations will consider such permit applications on a case-by-case basis.

The Regulations will contribute to overall biodiversity and help maintain the benefits of the species that Canadians currently enjoy as well as its potential future uses.

Although the Regulations will result in low costs to the Government of Canada and to Canadian businesses, it is anticipated that its implementation will result in notable environmental benefits that will outweigh those modest costs.

Facilitating the preservation of a given species contributes to overall biodiversity, the maintenance of which is essential for healthy ecosystems. More diverse ecosystems are generally more stable and better able to withstand change, and thus the goods and services they provide to society are also more stable over time. In particular, salamanders support the healthy and aquatic and terrestrial habitats in which they live through their normal ecosystem functions in the food chain, and through their role in nutrient and carbon cycling.

In terms of costs to society, the Regulations are expected to eliminate the value of salamander imports and provoke a loss in the household pet industry of $11,000 or less and a cost to government of approximately $671,000 per year. However, should native salamander populations become infected with this fungus, the ecological costs that could be expected to occur would likely exceed the costs associated with the introduction of this trade control.

Strategic environmental assessment

A Strategic Environmental Assessment was conducted and it was concluded that the proposal would have positive environmental effects and would contribute to three of the 2016–2019 Federal Sustainable Development Strategy (FSDS) objectives and targets^{footnote 39} including sustainably managed lands and forests; healthy wildlife populations; and, effective action on climate change, by reducing the likelihood of the Bsal fungus from infecting native Canadian salamanders.

Implementation, enforcement and service standards

The Department of the Environment is responsible for permitting and is the lead department for compliance promotion and enforcement activities. Cooperative measures to promote compliance with and enforcement of the Regulations have been developed with the Canadian Border Services Agency.

A compliance strategy has been developed and will be implemented. Compliance promotion initiatives are proactive measures that encourage voluntary compliance with the law through education and outreach activities that raise awareness and understanding. Compliance promotion activities will have a targeted focus and will include fact sheets, letters to trade associations and participation in trade shows.

The primary means to detect non-compliance is the inspection of international shipments at the border and other entry points. In the event that a contravention occurs, WAPPRIITA sets out penalties including fines or imprisonment. Forfeiture of things seized or of the proceeds of their disposition may also take place in certain situations. Under the penalty provisions of WAPPRIITA, a corporation convicted of an offence punishable on summary conviction is liable, for a first offence, to a fine of not less than $100,000 and not more than $4,000,000. An individual convicted of an offence punishable on summary conviction is liable, for a first offence, of a fine of not less than $5,000 and not more than $300,000 or imprisonment for a term of not more than six months, or both. A corporation convicted of an indictable offence is liable, for a first offence, to a fine not less than $500,000 and not more than $6,000,000. An individual convicted of an indictable offence is liable, for a first offence, to a fine of not less than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than five years, or both.

In addition, administrative monetary penalties (AMPs) will be available to enforcement officers to enforce designated violations of WAPPRIITA and its associated Regulations. An AMP is a financial disincentive to non-compliance and provides an additional tool for officers, to supplement existing enforcement measures.

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