Normally
the import of tropical fish into Canada is a straightforward matter
and highly routine, but recently developments in environmental law
have served notice to aquarium dealers that things are not as they
used to be. Animals and plants genetically modified by gene engineering
cannot be imported unless they have first passed a risk assessment
to the satisfaction of the Canadian Minister of the Environment.
A few years ago, scientists developed a strain of zebra danios which
had a gene injected into them from sea anemones which produced a
rosy red fish. An American company called Yorktown Technologies
sold batches of this fish to Canadian pet stores without proper
clearance. In February 2004, the Environment Canada agency raided
numerous pet stores in the Albertan cities of Edmonton and Calgary.
Because Environment Canada does not have facilities to keep fish
for the assessment period, the store owners are responsible to keep
the GloFish in their tanks and not sell them; dead fish must be
preserved. Besides tying up tank space and extra maintenance costs,
the dealers are left with the cost of carrying the inventory until
approval is given. It may take up to six months before the risk
assessment can be completed by Yorktown Technologies and approval
given for sale. Unfortunately many GloFish were already sold and
are swimming in home aquariums through Canada.
Fish dealers complained they weren’t told about the law, but
the courts have long held to the principle that ignorance of the
law is no excuse. Anyone importing anything has to be aware of the
regulations. I consider it unlikely that GloFish would be any kind
of danger to the Canadian environment. However, the issue of genetically
modified organisms (GMOs) is a hot-button issue, and many fish dealers
and aquarists are naïve if they think that environmental activists
wouldn’t bother with them.
One other point needs to be mentioned. GMOs such as GloFish are
patented organisms and cannot be bred without written permission
of the patent holder. This means you, Mr. or Ms. Hobbyist. There
has already been one Saskatchewan farmer who was hit hard by Monsanto
because he kept grain seed that had roundup-ready genes in them.
Aquarists who breed and pass on GloFish are likewise liable under
law. No excuses are permitted that you were only keeping them for
yourself or not making a profit on them. Don’t assume that
because you are small potatoes the patent owner won’t bother
you. That Saskatchewan farmer found out the hard way that often
the big companies will target small-timers because they can’t
afford legal fees to fight the case ($20,000 minimum and probably
higher). In Canada, the loser pays the legal fees of the winner,
and you could lose your house, car, and have your paycheques garnished.
I mention this because one Ontario aquarist has already publicly
identified himself in a CBS report on GloFish. The other concern
is that if you are breeding GMOs, then you too must adhere to environmental
laws.
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