Definitions

1   (1) In this regulation:

"accredited zoo or aquarium" means a zoo or an aquarium that

(a) is accredited by Canada's Accredited Zoos and Aquariums, or

(b) provides proof to the satisfaction of the director of meeting or exceeding the accreditation standards set by Canada's Accredited Zoos and Aquariums;

"Act" means the Wildlife Act;

"aquatic invasive species individual" means a single live member of a controlled alien species designated in Schedule 3 or 4, at any developmental stage;

"BC waters" includes

(a) any part of a body of water that is located in British Columbia,

(b) fish habitat as defined in the Water Sustainability Regulation,

(c) a stream as defined in the Water Sustainability Act,

(d) a ditch, and

(e) any of the following that may leak, drain or empty, directly or indirectly, into any part of a body of water, fish habitat, stream or ditch referred to in paragraph (a), (b), (c) or (d):

(i) a naturally-formed pool of water other than one referred to in paragraph (a), (b), (c) or (d);

(ii) a storm drain, sewer or other artificial conduit;

(iii) a tank or other container that holds or is intended to hold water or wastewater;

"certified educational institution" means a body that

(a) is an educational body within the meaning of paragraph (a), (c), (d) or (d.1) of Schedule 1 of the Freedom of Information and Protection of Privacy Act, and

(b) holds a valid Certificate of Good Animal Practice issued by the Canadian Council on Animal Care;

"certified research institution" means a body that

(a) holds a valid Certificate of Good Animal Practice issued by the Canadian Council on Animal Care, and

(b) publishes the results of original research in a peer-reviewed scientific journal at least once each year;

"mussel" means a single member, live or dead, of a controlled alien species designated in Schedule 4, and if live, at any developmental stage;

"prohibited species individual" means any of the following:

(a) a single live member of a controlled alien species designated in Schedule 1, at any developmental stage;

(b) a single live member of a controlled alien species designated in section 1 (1) or (2) of Schedule 2 that is 3 metres or more in length when measured from the front of the snout to the tip of the tail while the animal is fully extended;

(c) a single live member of a controlled alien species designated in section 1 (3) of Schedule 2 that is 2 metres or more in length when measured from the front of the snout to the tip of the tail while the animal is fully extended;

"release" includes, for the purpose of applying section 7 (3) of this regulation and section 77 (2) of the Act to a mussel, allowing the mussel to come into contact with BC waters;

"restricted species individual" means a single live member of a controlled alien species designated in Schedule 2, at any developmental stage, but does not include a prohibited species individual.

(2) In Schedules 1 to 4, if a reference to a species is followed by italicized text in square brackets that is or purports to be descriptive of the species, the italicized text in square brackets is not part of this regulation and is to be considered to have been added editorially for convenience of reference only.

[am. B.C. Regs. 233/2009, App. A, s. 1; 402/2012, s. 2; 48/2014, s. 1; 89/2016; 213/2016.]

Designation of species as controlled alien species

2   For the purposes of paragraph (a) of the definition of "controlled alien species" in section 1 (1) of the Act, the species listed in Schedules 1 to 4 are designated as controlled alien species.

[am. B.C. Regs. 233/2009, App. A, s. 2; 402/2012, s. 3.]

Possession

3   A person must not possess a prohibited species individual unless the person holds a permit authorizing the possession of that prohibited species individual.

[en. B.C. Reg. 94/2009, Sch. B, s. 1; am. B.C. Regs. 233/2009, App. B, s. 1; 402/2012, s. 5; 60/2013.]

Breeding

4   (1) Subject to subsection (2), a person who possesses a prohibited species individual must prevent the prohibited species individual from breeding.

(2) A person who possesses a prohibited species individual may allow the prohibited species individual to breed if

(a) the person

(i) operates an accredited zoo or aquarium,

(ii) is a certified educational institution, or

(iii) is a certified research institution,

(b) the person holds a permit authorizing the person to allow that prohibited species individual to breed, and

(c) the breeding is in accordance with a management plan approved by a regional manager.

[am. B.C. Regs. 233/2009, App. A, s. 3; 94/2009, App. B, s. 2; 402/2012, s. 6.]

Release prohibited

5   A person must not release a restricted species individual or prohibited species individual or allow a restricted species individual or prohibited species individual to be released, or to escape.

[am. B.C. Regs. 233/2009, App. A, s. 4; 402/2012, s. 7.]

Shipping or transportation

5.1   A person must not ship or transport in British Columbia a prohibited species individual unless the person holds a permit authorizing the shipping or transportation of the prohibited species individual.

[en. B.C. Reg. 94/2009, Sch. B, s. 3; am. B.C. Reg. 233/2009, App. B, s. 2.]

Offences

6   (1) A person who contravenes any of the following sections commits an offence:

(a) section 3;

(b) section 4 (1);

(c) section 5;

(d) section 5.1.

(2) An offence under subsection (1) (b) or (c) is prescribed as an offence for the purposes of section 84 (1) (a) (ii) of the Act.

(3) An offence under subsection (1) (a) is prescribed as an offence for the purposes of section 84 (1) (b) (ii) of the Act.

[am. B.C. Reg. 94/2009, Sch. B, s. 4.]

Prohibitions

7   (1) A person must not possess an aquatic invasive species individual.

(2) A person who possesses an aquatic invasive species individual must prevent the aquatic invasive species individual from breeding.

(3) A person must not

(a) release into BC waters an aquatic invasive species individual, or

(b) allow an aquatic invasive species individual to be released, or to escape, into BC waters.

(c) Repealed. [B.C. Reg. 48/2014, s. 2 (b).]

(4) A person must not ship or transport in British Columbia an aquatic invasive species individual.

[en. B.C. Reg. 402/2012, s. 8; am. B.C. Reg. 48/2014, s. 2.]

Dead mussels also prohibited

7.1   The prohibitions set out in section 7 (1), (3) and (4) also apply to dead mussels and, for this purpose, sections 33 (2), 37 and 77 (2) of the Act apply as if a dead mussel were wildlife or an animal.

[en. B.C. Reg. 48/2014, s. 3.]

Certified educational and research institutions exempt

8   (1) A certified educational institution and a certified research institution are exempt from

(a) the prohibitions set out in section 7 (1) and (4),

(b) the requirement set out in section 7 (2), and

(c) section 7.1, in respect of the application of section 7 (1) and (4) to dead mussels.

(2) Without limiting subsection (1) (c), a person is exempt from the prohibitions set out in section 7 (1) and (4) in respect of a dead mussel if

(a) the dead mussel is fully encased in an acrylic resin or similar material, and

(b) the person is using the dead mussel for an educational or public awareness purpose.

[en. B.C. Reg. 402/2012, s. 8; am. B.C. Reg. 48/2014, s. 4.]

Preventing entry or spread of mussels

9   (1) In this section:

"boat or water equipment" means any of the following items:

(a) a boat, including personal watercraft;

(b) a boat trailer;

(c) any item used for fishing;

(d) any item used for water-based recreational activities;

(e) any equipment associated with, and any component of, a thing referred to in any of paragraphs (a) to (d);

"contaminated province or state" means any of the following:

(a) a jurisdiction listed in Schedule 5;

(b) a province or territory of Canada or a state of the United States of America that is not listed in Schedule 5 but has within its jurisdiction one or more bodies of water that are contaminated with mussels;

"decontamination order" means an order issued by an officer under subsection (3).

(2) An officer may issue a decontamination order in respect of a boat or water equipment if any of the following circumstances exist:

(a) the officer has visually inspected the boat or water equipment and found signs that that boat or water equipment may be or may have been contaminated with mussels;

(b) the boat or water equipment is owned, or is registered, licensed, insured or otherwise authorized to be possessed or operated, in a contaminated province or state;

(c) the officer has reason to believe that the boat or water equipment has been operated in, or has otherwise come into contact with, the waters of a contaminated province or state;

(d) the officer has reason to believe that a person may be in violation of section 7 of this regulation or any of sections 33 (2), 37 or 77 (2) of the Act with respect to mussels.

(3) An officer may issue a decontamination order requiring a person to do one or more of the following:

(a) remove mussels from a boat or water equipment within a reasonable period of time as specified in the order;

(b) comply with any written directions contained in or attached to the order with respect to the removal of mussels;

(c) report, within the time and to the officer specified in the order,

(i) with proof, satisfactory to the specified officer, of compliance with the order, or

(ii) for the purposes of further inspection by the specified officer of the boat or water equipment that is the subject of the order.

(4) A person to whom a decontamination order is issued must

(a) comply with the order, and

(b) ensure that the boat or water equipment to which the order applies does not come into contact with BC waters until the order has been complied with.

(5) A person who engages in procedures to remove mussels from a boat or water equipment must ensure that water used in those procedures does not come into contact with BC waters.

(6) For the purposes of subsection (3) (c), an officer may be specified by name or by class.

[en. B.C. Reg. 402/2012, s. 8; am. B.C. Reg. 48/2014, s. 5.]

Immediate destruction

9.1   The disposal power set out in section 97.3 of the Act applies to an aquatic invasive species individual and to a dead mussel as if the aquatic invasive species individual or dead mussel were wildlife.

[en. B.C. Reg. 48/2014, s. 6.]

Offences

10   (1) A person who contravenes any of the following commits an offence:

(a) section 7 (1);

(b) section 7 (2);

(c) section 7 (3);

(d) section 7 (4);

(e) section 9 (4);

(f) section 9 (5).

(2) An offence under subsection (1) (c) is prescribed as an offence for the purposes of section 84 (1) (a) (ii) of the Act.

(3) An offence under subsection (1) (e) is prescribed as an offence for the purposes of section 84 (1) (b) (ii) of the Act.

[en. B.C. Reg. 402/2012, s. 8.]

1   Mammals of the following species:

(a) all species of the order Primate [monkeys, gorillas and chimpanzees] except humans;

(b) all species of the order Proboscidae [elephants];

(c) all species of the family Canidae [dingos, jackals and raccoon-dogs], except the following:

(i) Alopex lagopus [arctic fox];

(ii) Canis latrans [coyote] that are native species;

(iii) Canis lupus [wolf] that are native species;

(iv) Canis lupus familiarus [domestic dog];

(v) Urocyon cinereoargenteus [grey fox];

(vi) Vulpes macrotis [kit fox];

(vii) Vulpes vulpes [red fox];

(d) Repealed. [B.C. Reg. 233/2009, App. A, s. 5 (a).]

(e) all species of the family Hippopotamidae [hippopotamus];

(f) all species of the family Hyaenidae [hyenas and aardwolves];

(g) all species of the family Rhinocerotidae [rhinoceros];

(h) all species of the family Ursidae [bears], except the following:

(i) Ursus americanus [black bear];

(ii) Ursus arctos [grizzly bear];

(i) all species of the subfamily Pantherinae [big cats such as lions, tigers and panthers];

(i.1) all species of the genus Giraffa [giraffes];

(j) Acinonyx jubatus [cheetah];

(k) Bos frontalis [gaur];

(l) Lynx lynx [Eurasian lynx];

(m) Lynx pardinus [Iberian lynx];

(n) Syncerus caffer [African buffalo].

2   Birds of the following species:

(a) all species of the genus Casuarius [cassowaries].

3   Amphibians of the following species:

(a) Phyllobates aurotaenia [kokoe poison arrow frog];

(b) Phyllobates bicolour [two-toned poison arrow frog];

(c) Phyllobates terribilis [golden poison arrow frog].

4   (1) Reptiles of the following species:

(a) all species of the order Crocodilia [alligators, crocodiles and caimans];

(a.1) all species of the family Atractaspididae [mole vipers, stiletto snakes and burrowing asps];

(b) Repealed. [B.C. Reg. 233/2009, App. A, s. 6 (c).]

(c) all species of the family Crotalidae [pit vipers] except Crotalus oreganus [western rattlesnake];

(d) all species of the family Elapidae [death adders, cobras, kraits and mambas];

(e) all species of the family Helodermatidae [gila monsters and beaded lizards];

(e.1) all species of the family Hydrophiidae [sea snakes and kraits];

(f) Repealed. [B.C. Reg. 233/2009, App. A, s. 6 (c).]

(g) Repealed. [B.C. Reg. 402/2012, s. 9 (a).]

(h) all species of the family Viperidae [vipers].

(i) to (n) Repealed. [B.C. Reg. 233/2009, App. A, s. 6 (c).]

(2) Reptiles of the following species of the family Boidae:

(a) all species of the genus Eunectes [anacondas];

(b) Epicrates angulifer [Cuban boa].

(3) Reptiles of the following species of the family Colubridae [venomous snakes]:

(a) all species of the genus Boiga [cat and mangrove snakes];

(b) all species of the genus Dispholidus [boomslang snakes];

(c) all species of the genus Elapomorphus [diadem and lizard-eating snakes];

(d) all species of the genus Hydrodynastes [false water cobras];

(e) all species of the genus Leptophis [parrot snakes];

(f) all species of the genus Phalotris [Argentinean black-headed snakes];

(g) all species of the genus Philodryas [green racers];

(h) all species of the genus Ptychophis [fanged water snakes];

(i) all species of the genus Rhabdophis [keelback snakes];

(j) all species of the genus Tachymenis [Boulenger's and Chilean slender snakes];

(k) all species of the genus Thelotornis [twig snakes];

(l) all species of the genus Xenodon [false fer-de-lance].

(4) Reptiles of the following species of the family Pythonidae:

(a) Morelia amethistina [amethystine python];

(b) Morelia boeleni [Boelen's python];

(c) Morelia clastolepis [Seram scrub python];

(d) Morelia kinghorni [Australian scrub python];

(e) Morelia oenpelliensis [Oenpelli python];

(e.1) Python bivittatus [Burmese python];

(f) Python molurus [Indian python];

(g) Python natalensis [South African rock python];

(h) Python reticulatus [reticulated python];

(i) Python sebae [African rock python].

(5) Reptiles of the following species of the family Varanidae:

(a) Varanus bengalensis [Bengal monitor and clouded monitor];

(b) Varanus giganteus [perentie];

(c) Varanus komodoensis [komodo dragon];

(d) Varanus niloticus [Nile monitor and water leguaan];

(e) Varanus salvadorii [Salvadori's monitor and crocodile monitor];

(f) Varanus salvator [Asiatic water monitor and water monitor];

(g) Varanus varius [lace goanna].

1   (1) Reptiles of the following species of the family Boidae:

(a) Acrantophis madagascariensis [Madagascan ground boa];

(b) Boa constrictor [boa constrictor].

(2) Reptiles of the following species of the family Pythonidae:

(a) Apodora papuana [Papuan python];

(b) Aspidites melanocephalus [black-headed python];

(c) Aspidites ramsayi [woma];

(d) Liasis fuscus [Australian brown python];

(e) Liasis mackloti [water python];

(f) Liasis olivaceus [Australian olive python];

(g) Morelia spilota [carpet python].

(3) Reptiles of the family Varanidae, other than reptiles of the species listed in section 4 (5) of Schedule 1.

1   (1) Fish of the following species of the family Channidae:

(a) all species of the genus Channa [Asian snakeheads];

(b) all species of the genus Parachanna [African snakeheads].

(2) Misgurnus anguillicaudatus [oriental weatherfish or weather loach] of the family Cobitidae.

(3) Fish of the following species of the family Cyprinidae:

(a) Ctenopharyngodon idella [grass carp];

(b) Hypophthalmichthys molitrix [silver carp];

(c) Hypophthalmichthys nobilis [bighead carp];

(d) Mylopharyngodon piceus [black carp];

(e) all species of the genus Rhodeus [bitterlings];

(f) Tanichthys albonubes [White Cloud Mountain minnow];

(g) Tinca tinca [tench].

(4) Fish of the following species of the family Gobiidae:

(a) Neogobius fluviatilis [monkey goby];

(b) Neogobius melanostomus [round goby];

(c) Proterorhinus semilunaris [tubenose goby];

(d) Rhinogobius brunneus [Amur goby].

(5) All fish species of the family Ictaluridae [including bullheads, channel catfish and madtoms].

(6) Gambusia affinis [western mosquitofish] of the family Poeciliidae.

1   Mussels of the following species of the family Dreissenidae:

(a) Dreissena polymorpha [zebra mussel];

(b) Dreissena rostriformis bugensis [quagga mussel];

(c) Mytilopsis leucophaeata [Conrad's false mussel].

1   The following provinces of Canada:

(a) Ontario;

(b) Québec;

(c) Manitoba;

(d) Saskatchewan.

2   The following states of the United States of America:

(a) Alabama;

(b) Arizona;

(c) Arkansas;

(d) California;

(e) Colorado;

(f) Connecticut;

(g) Illinois;

(h) Indiana;

(i) Iowa;

(j) Kansas;

(k) Kentucky;

(l) Louisiana;

(m) Maryland;

(n) Massachusetts;

(o) Michigan;

(p) Minnesota;

(q) Mississippi;

(r) Missouri;

(r.1) Montana;

(s) Nebraska;

(t) Nevada;

(u) New Mexico;

(v) New York;

(w) North Dakota;

(x) Ohio;

(y) Oklahoma;

(z) Pennsylvania;

(aa) South Dakota;

(bb) Tennessee;

(cc) Texas;

(dd) Utah;

(ee) Vermont;

(ff) West Virginia;

(gg) Wisconsin.