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D- 95-03: Plant protection policy for marine vessels arriving in Canada from areas regulated for flighted spongy moth complex (FSMC) (Lymantria dispar, Lymantria albescens, Lymantria postalba, Lymantria umbrosa)

Effective date: April 2024
(19th Revision)

Subject

This directive prescribes measures to prevent the entry of flighted spongy moth complex (FSMC) (Lymantria dispar, Lymantria albescens, Lymantria postalba, Lymantria umbrosa) on vessels and establishment of FSMC in Canada

This directive has been revised as follows:

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Introduction

Moths in the genus Lymantria are pests of a broad range of coniferous and deciduous trees in temperate and subtropical parts of the world. These insects feed on the foliage of a wide range of hosts of agricultural, forestry, horticultural or environmental importance. The species of concern are those that are absent from Canada including Lymantria albescens, Lymantria umbrosa, Lymantria postalba and the Asian strains of Lymantria dispar, together commonly called flighted spongy moth complex (FSMC).

Flighted spongy moth complex is not known to occur in North America, although incursions have occurred and populations have been eradicated in the past. Primarily, these entries have been the result of FSMC larvae emerging from egg masses laid on ships and dispersing to land areas surrounding ports in North America. Port areas in infested countries sometimes experience high population levels of FSMC. Females frequently fly at night and are known to be attracted to the lights aboard vessels and in the port areas. As a result, eggs may be laid on ship structures and cargo. These eggs are long-lived, tolerant of extremes in temperature and moisture, and can easily survive ocean crossings on vessels. When an infested vessel enters Canada, there exists the potential for the pest to be discharged along with the cargo or for the larvae of the insect to disperse onto surrounding vegetation through a natural process called "ballooning". Ballooning occurs when the larvae suspend themselves on a silken thread and are then carried by the wind to host trees where they feed. In the past, entry of this pest by vessels has necessitated a number of expensive and often intensive eradication programs. The CFIA's FSMC policy has been in place since 1992 to mitigate future introductions.

Life stages of suspect FSMC arriving in Canada on vessels from regulated ports in far eastern Asia where FSMC is known to occur, as listed in this Directive, represent a risk to the Canadian plant resource base and the Canadian economy. The measures prescribed in this directive are intended to prevent incursions of FSMC by requiring that FSMC life stages, including egg masses, are eliminated from vessels arriving in Canada from regulated ports. Phytosanitary action may be taken on any suspect FSMC life stage.

Scope

This directive is intended for use by any individual or company responsible for or acting on behalf of marine vessels wishing to enter Canada, the Canada Border Services Agency, the Canadian Coast Guard (Department of Fisheries and Oceans), Transport Canada and the CFIA. This directive outlines the entry requirements for marine vessels arriving in Canada which have previously called upon ports in areas regulated for FSMC.

References

ISPM No. 5: Glossary of Phytosanitary Terms, FAO, Rome (updated annually)

This directive supersedes D-95-03 (15th Revision) and any other policy documents on this subject.

Definitions, abbreviations and acronyms

Definitions for terms used in the present document can be found in the Plant Health Glossary of Terms.

Specified risk period: Refers to the time period in an FSMC regulated area during which there is a risk of FSMC flight and egg mass deposition.

1.0 General requirements

1.1 Legislative authority

1.2 Fees

The CFIA is charging fees in accordance with the Canadian Food Inspection Agency Fees Notice. For information regarding fees associated with imported product, please contact the Import Service Centre (ISC).

Anyone requiring other information regarding fees may contact any local CFIA office or visit our Fees Notice Web Site.

1.3 Regulated pests

The species and sub-species referred to as flighted spongy moth complex, (FSMC), Lymantria albescens, Lymantria umbrosa, Lymantria postalba, Lymantria dispar japonica and Lymantria dispar asiatica

1.4 Regulated areas

Regulated areas are listed in Appendix 1.

1.5 Regulated commodity

This policy applies to any marine vessel entering Canada that has called on a port in a regulated area during a specified risk period when FSMC is likely to be deposited on marine vessels. A list of the specified risk periods for each of the areas regulated for FSMC is provided in Appendix 1.

2.0 Specific vessel entry requirements

A summary of requirements is provided in Appendix 2

All marine vessels entering Canada must be free from all life stages of FSMC.

All marine vessels entering Canada are subject to inspection at any time of the year to verify freedom from FSMC.

2.1 Marine vessels entering Canada during the FSMC risk period for Canada

The FSMC risk period for Canada begins in Western Canadian ports on March 1 and in Eastern Canadian ports on March 15. The end of the FSMC risk period in Canada ends on September 15 for all Canadian ports.

The Master of a marine vessel arriving during the FSMC risk period for Canada which has visited a port in a regulated area during the specified risk periods listed in Appendix 1 in the current year or in the year immediately preceding the current year must provide to CFIA, either directly or via the vessel's Canadian agent:

The vessel may be required to report at a designated inspection site at a time mutually agreed to by the agent and the CFIA.

Vessels calling on all ports of Labrador and north across Canada to the Yukon territory (including all ports in Yukon territory, Northwest territory, Nunavut, and all ports in Ontario and Quebec adjacent to Hudson Bay or James Bay) are exempt from providing a copy of a Phytosanitary Certificate or other approved certificate for FSMC if these ports are the first and only ports of call in Canada. However, vessels calling on these northern ports are not exempt from notification requirements for FSMC and must provide their forward Canadian port of call list as per the requirements below.

If a vessel is scheduled to call on a northern Canadian port and on a southern, non-exempted port, the vessel must provide a copy of a Phytosanitary Certificate or other approved certificate.

Prior to the vessel entering Canadian waters, the Canadian agent is responsible for ensuring that the CFIA is notified. The Canadian agent is responsible for ensuring that a marine vessel which has visited a port in a regulated area, during the specified risk period (as per Appendix 1) in the current year or in the year immediately preceding the current year, notifies the applicable CFIA officer (as listed in Appendix 3) at least 96 hours prior to the vessel's arrival in Canadian waters.

At the time of notification, a summary of ports of call and copies of an approved Phytosanitary Certificate or other approved certificate(s) must be provided to the CFIA. Contact information for CFIA offices in Eastern and Western Canada can be found in Appendix 3.

The Phytosanitary Certificate or other approved certificate(s) must be issued by a National Plant Protection Organization (NPPO) or recognized certification body, as specified in Appendix 4. The certificate must state that the vessel was inspected and found free from FSMC. The certificate must be issued from at least the last port of call in a regulated area (as specified in Appendix 1) that was visited during the specified risk period prior, or anytime afterwards, prior to entering Canadian waters.

The vessel may enter a Canadian port upon written confirmation by the appropriate CFIA office. The vessel remains subject to inspection by the CFIA during its stay in Canada. The original Phytosanitary Certificate or other approved certificate(s) must be made available to the CFIA for review upon request.

Vessels that fail to meet this requirement for a certificate will be considered non-compliant. A certified vessel for which an inspection reveal the presence of FSMC will be non-compliant and actions taken in accordance with Section 4.0. This includes an inspection by US CBP, Chilean SAG officials or New Zealand's MPI that finds and reports FSMC life stages.

2.2 Marine vessels entering Canada outside of the FSMC risk period for Canada.

Subject to the requirements outlined in section 2.0, all marine vessels arriving in Canada outside of the FSMC risk period for Canada, which have visited ports in regulated areas will be permitted to enter Canadian ports without interruption. These vessels are subject to inspection at any time during their stay in Canada.

A Phytosanitary Certificate or other approved certificate(s) for the vessel is not required for entry into Canada during this period.

Should an inspection reveal the presence of FSMC, the vessel will be considered to be non-compliant and actions taken in accordance with Section 4.0.

3.0 Inspection procedures

CFIA inspection staff will determine the frequency of inspection and geographical location of the inspection prior to entry into Canada. CFIA inspection staff will thoroughly inspect all areas of a marine vessel at a designated inspection site. Inspections normally occur during daylight hours. The CFIA will notify the vessel in writing of the inspection results.

Marine vessels which have visited a regulated area and present a valid Phytosanitary Certificates or other approved certificate(s) (as per Appendix 4) and that are found free of FSMC after phytosanitary inspection by authorities in the United States (U.S.), Chile or New Zealand may enter a Canadian port without inspection, provided that the original confirmation of inspection carried out by U.S., Chilean or New Zealand authorities is presented as part of the pre-arrival documentation. Flighted spongy moth complex inspection inspection results from the United States are recognized if they are issued by US Customs and Border Protection (US CBP), from Chile if they are issued by Servicio Agricola Y Ganadero (SAG), and from New Zealand if they are issued by the Ministry for Primary Industries (MPI).

Inspection reports issued by US CBP, SAG or MPI are not considered FSMC certification and do not take the place of FSMC certification issued by recognized sources of phytosanitary certificates and pre-departure inspection certificates, as required by section 2.1.

4.0 Non-compliance

Notifications of non-compliance will be issued in accordance with D-01-06: Canadian Phytosanitary Policy for the Notification of Non-compliance and Emergency Action.

4.1 Certification

A vessel without the required certification under Section 2.1 may not be permitted entry into Canada unless:

If the vessel is permitted entry, the vessel will be considered non-compliant during the entire stay in Canada and vessel movements will be regulated by the CFIA while the vessel is in Canadian waters. The vessel may be subject to additional enforcement action. A vessel calling on a Canadian port for a second time without the required certification may be refused entry to Canada.

4.2 Infestation

Upon inspection, if an inspector is not satisfied that the risk of introducing FSMC has been mitigated, the vessel will be ordered out of Canadian waters and refused entry for up to 2 years during the FSMC risk period for Canada or until the ship meets the requirements specified in Section 2.1. The vessel may also be subject to additional enforcement action.

At a CFIA inspector's discretion, a vessel that has been ordered out of Canada or the U.S. due to the presence of FSMC may be permitted to conduct a thorough cleaning of all life stages of FSMC outside Canadian waters. Once cleaning is complete, the vessel may be allowed to return to Canadian waters for re-inspection at a designated offshore inspection site. If an inspector is satisfied that the risk of introducing FSMC has been mitigated, the vessel may then be allowed to proceed to a Canadian port. The vessel's movements will be regulated by the CFIA while in Canadian waters. During subsequent visits to Canada, a vessel found infested with FSMC may be required to be inspected at a designated off-shore inspection site prior to entry into Canada, unless the vessel meets the entry requirements specified in Section 2.0. The vessel may also be subject to additional enforcement action.

Upon re-inspection of the vessel, if an inspector is not satisfied that the risk of introducing FSMC has been mitigated, the vessel will be ordered out of Canadian waters and refused entry for up to 2 years during the FSMC risk period for Canada or until the ship meets the requirements specified in Section 2.1.

4.3 Notification

A Canadian agent that fails to notify the CFIA of a vessel arriving during the FSMC risk period for Canada which has visited a port in a regulated area during the specified risk periods (as listed in Appendix 1), prior to the vessel entering Canadian waters, will be considered to be non-compliant.

5.0 Appendices

Appendix 1: Regulated areas and specified risk periods

Country Ports Specified period
Russia Far East Nakhodka, Ol'ga, Plastun, Pos'yet, Russkiy Island, Slavyanka, Vanino, Vladivostok Vostochny, Zarubino, Kozmino June 15 to October 15
People's Republic of China All ports in northern China, including all ports north of Shanghai (defined as all ports on or north of 31°15' north latitude) June 1 to September 30
Republic of Korea All ports June 1 to September 30
Country Prefecture Specified period
Japan – Northern Hokkaido, Aomori, Iwate, Miyagi, Fukushima, Akita, Yamagata June 15 to October 15
Japan – Central Niigata, Toyama, Ishikawa, Fukui, Ibaraki, Chiba, Tokyo, Kanagawa, Shizuoka, Aichi, Mie June 1 to September 30
Japan – Southern Wakayama, Osaka, Kyoto, Hyogo, Tottori, Shimane, Okayama, Hiroshima, Yamaguchi, Kagawa, Tokushima, Ehime, Kochi, Fukuoka, Oita, Saga, Nagasaki, Miyazaki, Kumamoto, Kagoshima May 15 to August 31
Japan - Far Southern Okinawa May 25 to June 30

Appendix 2: Summary of entry requirements

Marine vessels 2 year port of call history Arrival date in Canada Regulatory action
Marine vessels that have called on FSMC regulated areas during the specified risk period as outlined in Appendix 1 during the current year or the preceding year Arriving during the FSMC risk period for Canada

Western ports: March 1 to September 15

Eastern ports: March 15 to September 15

 A valid phytosanitary certificate or recognized pre-departure inspection certificate (a list of CFIA recognized certificates is provided in Appendix 4) verifying that the vessel is free of FSMC must be presented.

The vessel is subject to inspection for the presence of FSMC on arrival in Canada. Vessels without valid certification will be considered non-compliant, and held at a designated off-shore inspection site for CFIA inspection. If a CFIA inspector is satisfied that the risk of introducing FSMC has been mitigated, vessels may be permitted to enter Canada, but their movements will be regulated while in Canada. If FSMC is detected during inspection, the vessel will be considered non-compliant, and ordered removed from Canada.
Marine vessels that have called on FSMC regulated areas during the specified risk period as outlined in Appendix 1 during the current year or the preceding year Arriving outside the FSMC risk period for Canada

Western ports: September 16 to February 28 (or 29)

Eastern ports: September 16 to March 14

 A phytosanitary certificate or other approved certificate(s) for the vessel is not required. Marine vessels may be inspected at berth for presence of FSMC. If FSMC is detected during inspection, the vessel will be considered non-compliant.
Marine vessels which have not visited an area regulated for FSMC in the current year or the preceding year OR visited an area regulated for FSMC outside of the specified risk period for this area as outlined in Appendix 1 in the current year or the preceding year Year round, all ports A phytosanitary certificate or other approved certificate(s) for the vessel is not required. Any marine vessel may be inspected for the presence of FSMC. If FSMC is detected during inspection, the vessel will be considered non-compliant.

Appendix 3: List of CFIA contacts and designated offshore inspection sites, for FSMC, in eastern and western Canada

Eastern Canada (Atlantic)

CFIA FSMC vessel monitoring unit contact information:

Dartmouth office
Email: ATL.FSMC@inspection.gc.ca
Phone: 902-943-7582

Designated offshore inspection sites:

Western Canada

CFIA FSMC vessel monitoring unit contact information:

Vancouver Harbour office
Email: PAC.FSMC@inspection.gc.ca
Phone: 604-292-5812

Designated offshore inspection sites:

Appendix 4: List of recognized sources of phytosanitary certificates and pre-departure inspection certificates

Phytosanitary certificates issued by the NPPO of Russia.

A pre-departure inspection certificate is an approved certificate if issued by the International Plant Quarantine Accreditation Board (IPAB) in the Republic of Korea.

A pre-departure inspection certificate is an approved certificate if issued by the China Certification and Inspection Company Ltd. (CCIC) in the People's Republic of China.

A pre-departure inspection certificate is an approved certificate if issued by the following recognized third party inspection bodies in Japan:

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