Analysis of Canadian and American legislation for controlling exotic species in the Great Lakes

Abstract

Abstract The legislation of the Great Lakes jurisdictions dealing with control of exotic species introduced through ballast water, canals, and recreational boating was analysed to determine whether the USA and Canada have the capacity to manage nuisance exotic species effectively. Despite the deleterious ecological effects attributed to exotic aquatic species, there is a lack of complementary legislation between Canada and the USA to remedy this problem. Current legislation is fragmented at the bilateral, national, and the state/provincial level. American legislative initiatives are far ahead of Canada's, especially for regulating ballast water in oceanic shipping. Canada lacks strong federal and provincial legislation to regulate ballast water in shipping and to prevent the secondary spread of exotic aquatic species through watersheds. Legislation to regulate ballast water is developing quickly among the US federal government and the Great Lakes states. However, legislation affecting the spread of exotic nuisance species via canals and recreational boaters is needed to complement ballast water laws and to give agencies a broader mandate for management. Amendment of the Boundary Waters Treaty Act, the Fisheries Act, and the Canada Water Act could give the Canadian federal government authority to regulate ballast water in vessels entering the St Lawrence and to begin the rehabilitation of aquatic habitats impaired by nuisance exotic species. Preventing further species introduction and spread through the Great Lakes basin requires restricting certain shipping and boating practices. This can be achieved only by the enactment of complementary laws among all the American and Canadian jurisdictions. Copyright © 2002 John Wiley & Sons, Ltd.