Policy for obtaining a Ministerial authorization to fish for a cetacean with the intent to take it into captivity
Introduction
No person shall fish for a wild cetacean with the intent to take it into captivityFootnote 1, except in accordance with an authorization issued by the Minister of Fisheries, Oceans, and the Canadian Coast Guard. Pursuant to s. 23.1 (2) of the Fisheries Act, the Minister may authorize a person to fish for a cetacean with the intent to take it into captivity if the Minister is of the opinion that the circumstances so require. This may include situations where the animal is injured, in distress or in need of care, which are considerations that focus on protecting the animal’s health and welfare.
DFO has not issued a permit to capture a cetacean from the wild for the purposes of public display since the early 1990s, and the conditions below formalize this longstanding practice. Overall, fishing for a cetacean with the intent to take it into captivity is expected to be authorized only in rare circumstances, where appropriate logistics are in place, and based on the conditions established below and/or the Minister’s discretion.
Conditions for obtaining an authorization to fish for a cetacean with the intent to take it into captivity
The Minister may authorize a person to fish for a cetacean with the intent to take it into captivity if it is established that this action:
- could improve the cetacean’s immediate chance of survival, without jeopardizing the survival of the species in the wild;
- could ease the pain and suffering of an individual cetacean that is injured or in distress or in need of care;
- would contribute to the conservation and protection of wild cetacean species (including by enabling scientific research aimed at supporting conservation efforts); and/or,
- would allow for returning to a seaside pen a cetacean that has escaped from it.
In most cases, it is expected that any action related to fishing for a cetacean in Canadian fishing waters will be coordinated by members of the DFO Marine Mammal Response Program. This program works with the DFO Conservation and Protection Program, the DFO Science Sector, and external partners to help marine mammals and sea turtles in distress.
Of note, under s. 7 (1) of the Marine Mammal Regulations, it is prohibited to disturb a marine mammal (including a cetacean), except under certain conditions. In case of an emergency where a member of the public has witnessed a marine mammal in distress or under threat, this person is invited to report the incident directly through the Marine Mammal Response Program. All other direct action by members of the public must be authorized first in case this action goes against additional prohibitions in place.
Request an authorisation, permit or licence
If you are seeking to obtain an authorization, permit or licence under the Fisheries Act in relation to captive cetaceans or reproductive materials of cetaceans, you can contact Fisheries and Oceans Canada through the following email address: CCO-BCC_Info@dfo-mpo.gc.ca.
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