Regulating ten species and four genera as invasive species under Ontario’s Invasive Species Act, 2015.

ERO number
019-7360
Notice type
Regulation
Act
Invasive Species Act, 2015
Posted by
Ministry of Natural Resources and Forestry
Notice stage
Decision
Decision posted
Comment period
August 18, 2023 - October 2, 2023 (45 days) Closed
Last updated

This consultation was open from:
August 18, 2023
to October 2, 2023

Decision summary

Amendments have been made to Ontario Regulation 354/16 under the Invasive Species Act, 2015, to prevent the introduction and spread of 10 invasive species and four genera.

Decision details

The Ministry of Natural Resources and Forestry has finalized regulatory amendments to Ontario Regulation 354/16 under the Invasive Species Act, 2015 to classify 10 species and four genera as either prohibited or restricted invasive species.

These regulatory changes take effect on January 1, 2024

The regulation of these species and genera will improve Ontario’s ability to prevent the introduction and spread of these and other invasive species, thus avoiding future ecological, social and economic harm and management costs.

The following species and genera are now Prohibited in Ontario:

1. Ide (Leuciscus idus) / Fish;

2. Eastern Mosquitofish (Gambusia holbrooki) / Fish

3. Western Mosquitofish (Gambusia affinis) / Fish

4. Red Shiner (Cyprinella lutrensis) / Fish

5. Oxygen Weed (Lagarosiphon major) / Aquatic Plant;

6. Nutria (Myocastor coypus) / Mammal;

7. Watermoss (genus Salvinia) / Aquatic Plant

8. Crayfish (genus Procambarus) / Invertebrate

9. Crayfish (genus Pacifastacus) /Invertebrate;

Exceptions to the prohibitions are;

  • Allow incidental capture of Ide, Eastern Mosquitofish, Western Mosquitofish, and Red Shiner species while fishing in Ontario.;

  • Allow possession of Red Shiner, as well as species in the genus Procambarus, and genus Pacifastacus during a two-year transition period to allow for awareness among individuals and businesses who may be in possession of these species. This does not apply to Red Swamp Crayfish (Procambarus clarkii) and Marbled Crayfish (Procambarus virginalis) (both in the genus Procambarus) that were prohibited on January 1, 2022.

  • Continue to allow the import, possession, transport and sale of Red Swamp Crayfish (currently permitted under the regulation), White River Crayfish (Procambarus acutus) and Signal Crayfish (Pacifastacus leniusculus) that are dead and prepared for human consumption (e.g., cooked).

The following species and genera are now Restricted in Ontario:

1. Eurasian Water-milfoil (Myriophyllum spicatum) / Aquatic plant

2. Floating Primrose-willow (Ludwigia peploides) / Aquatic plant

3. Flowering-rush (Butomus umbellatus) / Aquatic plant;

4. Tree-of-heaven (Ailanthus altissima) / Terrestrial plant

5. Water Fern (genus Azolla) / Aquatic Plant;

For additional protection measures, the following additional prohibitions would apply to the above-listed plants. A person shall not:

  • possess or transport a member of a restricted invasive species in a provincial park or conservation reserve

  • bring a member of a restricted invasive species into Ontario or cause it to be brought into Ontario

  • propagate members of a restricted invasive species

  • buy, sell, lease or trade or offer to buy, sell, lease or trade a member of a restricted invasive species.

The identified genera have been selected on the basis that one or more of the species within the genus pose a threat to Ontario’s natural environment. Species within a genus share similar characteristics, which often makes identifying individual species difficult even for experts and makes compliance promotion challenging. Therefore, the entire genus has been recommended for regulation to reduce potential misidentification of species and associated compliance challenges.

Comments received

Through the registry

62

By email

3

By mail

0
View comments submitted through the registry

Effects of consultation

No significant changes were made to this proposal in response to the comments received.

Comments generally supported the regulatory changes as proposed with some suggestions on ways to improve clarity, effectiveness, and enforceability of the new rules.

51 of the comments from members of a property owners association in northwestern Ontario specifically requested that the Ministry classify Flowering Rush as prohibited rather than restricted. Given Flowering Rush is established in several areas of Ontario, Flowering Rush has been classified as a restricted species to avoid impeding management actions.

Supporting materials

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Get in touch with the office listed below to find out if materials are available.

MNRF - Biodiversity and Invasive Species Section
Address

300 Water Street, 5th Floor North tower
Peterborough, ON
K9J 3C7
Canada

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Original proposal

ERO number
019-7360
Notice type
Regulation
Act
Invasive Species Act, 2015
Posted by
Ministry of Natural Resources and Forestry
Proposal posted

Comment period

August 18, 2023 - October 2, 2023 (45 days)

Proposal details

The Invasive Species Act

The Invasive Species Act, 2015 supports Ontario’s ability to prevent the introduction and spread of invasive species that pose a threat to the natural environment. The Act includes various provisions to enable the establishment of prohibitions and restrictions on invasive species and carriers (pathways) that facilitate the movement of invasive species in Ontario.

Decisions to recommend species for regulation are based on the risk that a species poses to Ontario’s natural environment and socio-economic well-being.

The species listed below have the potential to, or are already, causing negative impacts to Ontario’s natural environment and that regulation under the Invasive Species Act, 2015 would improve Ontario’s ability to prevent their introduction or spread.

Seeking feedback on the proposed species

Prohibited Invasive Species

Prohibited species cannot be brought into Ontario, deposited, released, possessed or transported in Ontario and cannot be propagated, bought, sold or traded in Ontario.

Species and Genera (Genus) proposed to be regulated as prohibited invasive species are:

  • Ide  (Leuciscus idus) / Fish
  • Eastern Mosquitofish (Gambusia holbrook) /  Fish
  • Western Mosquitofish (Gambusia affinis)     / Fish
  • Red Shiner (Cyprinella lutrensis) / Fish
  • Oxygen Weed (Lagarosiphon major) / Aquatic Plant
  • Nutria (Myocastor coypus) / Mammal
  • Watermoss (Genus Salvinia) / Aquatic Plant
  • Crayfish (Genus Procambarus) / Invertebrate
  • Crayfish (Genus Pacifastacus)  /Invertebrate

Proposed exceptions:

  • Ide, Eastern Mosquitofish, Western Mosquitofish, Red Shiner 
    • Exceptions would allow for incidental capture of these species while fishing in Ontario.
  • Red Shiner, Genus Salvinia, Genus Procambarus, Genus Pacifastacus 
    • Transition period for possession to allow for awareness among individuals and businesses who may be in possession of these species. 
  • Genus Procambarus, Genus Pacifastacus 
    • Exceptions would continue to allow the import, possession, transport and sale of Red Swamp Crayfish (Procambarus clarkia), or Signal Crayfish (Pacifastacus leniusculus) that are dead and prepared for human consumption (e.g. cooked).

For additional information on current regulatory exceptions, please see Ontario Regulation 354/16 (General) under the Invasive Species Act, 2015.

Restricted Invasive Species

Restricted species cannot be deposited or released in Ontario and cannot be brought into a provincial park or conservation reserve. In addition, the ministry may prescribe additional prohibitions for certain restricted species through regulation that would reduce the risk of that species being introduced or spread further in Ontario, while also allowing some activities to occur.  

Species/Genus proposed to be regulated as restricted invasive species are:

  • Eurasian Water-milfoil  (Myriophyllum spicatum) / Aquatic plant 
  • Floating Primrose-willow (Ludwigia peploides)  / Aquatic plant
  • Flowering-rush  (Butomus umbellatus) / Aquatic plant
  • Tree-of-heaven (Ailanthus altissima)   / Terrestrial plant
  • Water Ferns (Azolla) / Aquatic Plant

Proposed species-specific rules:

In addition to the general prohibitions in the Invasive Species Act, 2015 that apply to all restricted invasive species (depositing or releasing, brining into provincial parks or conservation reserves), it is proposed the following additional prohibitions would apply to the above-listed plant species: 

  • possess or transport a member of a restricted invasive species in a provincial park or conservation reserve;
  • bring a member of a restricted invasive species into Ontario or causing it to be brought into Ontario;
  • propagate members of a restricted invasive species;
  • buy, sell, lease or trade or offering to buy, sell, lease or trade a member of a restricted invasive species.

Regulatory impact analysis/statement

  • The anticipated environmental consequences of the proposal are positive.

Invasive species are recognized as one of the key threats to Ontario’s natural environment and native species. The ecological effects of invasive species are often irreversible and, once established, they are extremely difficult and costly to control and eradicate.

The regulation of the proposed species enhances efforts and the tools available to prevent the introduction and spread of invasive species in Ontario and will reduce the likelihood that they will impact Ontario’s natural environment in the future.

  • The anticipated social consequences of the proposal are positive.

Invasive species pose a significant risk to Ontario’s natural areas, urban parks, and outdoor recreational activities such as hiking and fishing through the displacement of native species, the clogging of waterways, and reduced aesthetic values.  

By regulating these species, the likelihood of their introduction and spread in Ontario will be reduced, thus preventing any further impacts to these values resulting from these species.

  • The anticipated economic consequences of the proposal are positive.  

In 2019, an economic impacts study undertaken by the Invasive Species Centre, estimated that the potential impacts of invasive species to agricultural, fisheries, forestry, healthcare, tourism, and the recreation industry may be as high as $3.6 billion per year in Ontario.

Preventing the introduction and establishment of invasive species is recognized as the most cost-effective method to manage these species. The regulation of these species will support efforts to achieve this objective.

While limited economic impacts are anticipated as a result of the prohibitions on the import, possession and sale of these species, exceptions and transition periods are being recommended to reduce these consequences.

The anticipated annual administrative costs of this proposal are neutral.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

MNRF - Biodiversity and Invasive Species Section
Address

300 Water Street, 5th Floor North tower
Peterborough, ON
K9J 3C7
Canada

Comment

Commenting is now closed.

This consultation was open from August 18, 2023
to October 2, 2023

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