March 1, 2006 - A Manitoba
man was ordered to pay fines totaling just
over $1,300 in Manitoba Provincial Court,
after pleading guilty to charges of illegally
importing and possession of live corals
and clams, in violation of the Wild Animal
and Plant Protection and Regulation of International
and Interprovincial Trade Act (WAPPRIITA).
On October 13th, 2005, inspectors from the
Canada Border Services Agency (CBSA) located
live corals and clams in a shipment of tropical
fish and invertebrates destined for Assiniboine
Aquatics of Brandon. A subsequent investigation
by Environment Canada discovered six more
illegally imported live corals at a Brandon
pet store. Evidence from the initial airport
inspection, the pet store investigation,
and CBSA import documents all indicated
that James Douglas Hercun illegally imported
the threatened and vulnerable live corals
and clams into Canada.
Live corals (stony corals) and certain types
of clams are protected under an international
treaty known as the Convention on International
Trade of Endangered Species of Wild Fauna
and Flora (CITES). Since 1973, 169 countries
have signed the CITES agreement. CITES sets
controls on the international trade and
movement of animal and plant species that
have been, or may be, threatened due to
excessive commercial exploitation. Trade
and movement of these species are strictly
controlled via an export and import permit
system. In this case, the live corals and
clams did not have the mandatory export
permits, nor the necessary United States
Fish and Wildlife Declarations to verify
that they were legally traded under CITES.
WAPPRIITA, brought into force by the Government
of Canada in 1996, provides federal wildlife
officers with an enforcement tool to pursue
corporations or individuals who illegally
import endangered animals and plants into
Canada. Maximum penalties under WAPPRIITA
for summary convictions are a fine of up
to $25,000 and/or up to six months in jail
for individuals and up to a $50,000 fine
for corporations. For indictable convictions,
maximum penalties are a fine of up to $150,000
and/or up to five years in jail for individuals,
and a fine of up to $300,000 for corporations.
Environment Canada, the lead agency for
implementing CITES, works very closely with
the CBSA whose responsibility is the frontline
inspection of all goods entering Canada.
Working together, along with our domestic
and international partners, we serve to
protect endangered animals and plants from
around the world.
