136, No. 24 — November 20, 2002

Registration SOR/2002-394 31 October, 2002

MIGRATORY BIRDS CONVENTION ACT, 1994

Regulations Amending the Migratory Birds Regulations

P.C. 2002-1857 31 October, 2002

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 12 (see footnote a)  of the Migratory Birds Convention Act, 1994 (see footnote b) , hereby makes the annexed Regulations Amending the Migratory Birds Regulations.

REGULATIONS AMENDING THE MIGRATORY BIRDS REGULATIONS

AMENDMENT

1. Item 3 of Table I of Part VI of Schedule I to the Migratory Birds Regulations (see footnote 1)  is amended by adding the following in Column III:

Item	Column III Canada Geese
3.	September 21 to December 20 (b)

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

Introduction

The purpose of this amendment is to add a hunting season date for Central Ontario District, that was inadvertently omitted from the Migratory Birds Regulations, Schedule 1, Part IV, Table 1, Open Seasons in Ontario, Column III, for the 2002-2003 season, and that has already been published in the Ontario hunting summary.

The hunting of migratory game birds is regulated in both Canada and the United States. Each country shares a commitment to work together to conserve migratory game bird populations throughout North America. In 1916, Canada and the United States signed the Migratory Birds Convention, which is implemented in Canada by the Migratory Birds Convention Act, 1994. The objective and purpose of the Convention, the Act, and regulations made pursuant to the Act, is the conservation of migratory birds. For migratory game birds, this conservation is accomplished, in part, by protecting them during their nesting season and when traveling to and from their breeding grounds. This is carry outthrough the establishment of annual hunting season dates, and bag and possession limits. There may be exceptions for species designated to be overabundant.

The hunting of migratory birds is restricted to a period not exceeding three and one-half months, commencing no earlier than September 1 and ending no later than March 10 of the following year. Within these outside limits, seasons are shortened to protect populations where there is concern over declining populations. In other cases, seasons are lengthened to permit increased harvest of growing populations. Daily bag and possession limits can also be changed as necessary to manage the impact of hunting on migratory game bird populations.

Alternatives

The option of not proceeding with this amendment is not viable. Annual adjustments to the hunting regulations are necessary to ensure the conservation of migratory bird populations and a sustained hunt in the future. The annual adjustments are based on biological information and are developed in close consultation with the provinces and territories. These conservation measures are also necessary to meet Canada's international obligations under the Migratory Birds Convention Act, 1994. Federal government action is required if national conservation goals are to be achieved.

There is no alternative to setting season dates and bag and possession limits within the Migratory Birds Regulations. This view was confirmed by stakeholders in a comprehensive review of the regulations that was conducted in 1993.

Benefits and Costs

Environmental Impact Assessment

Long-term population trends and harvest data were examined to evaluate the status of each species of migratory game bird. This information was used to determine the environmental implication of not changing the hunting regulations in 2002. For some species, changes to the regulations are required to ensure conservation of the population and a sustained hunt in the future. For others, increased hunting pressure could slow the rapid population growth and reduce the negative effect on their Arctic breeding habitat. Regulatory tools include adjustments to season dates and changes to daily limits. Delayed opening dates protect local breeding adults by providing sufficient time for the birds to moult and strengthen prior to the start of the hunting season. Reduced bag limits can also be used to decrease the harvest pressure. On the other hand, early opening dates followed by early closure can permit increased harvest pressure on healthy local populations, while protecting declining migrant birds that arrive later.

Consultation

Environment Canada's Canadian Wildlife Services, has formalized the consultation process used each year to determine hunting season dates and the number of migratory game birds that may be taken and possessed during those time periods.

The consultation process for the 2002-2003 season began in November 2001, when biological information on the status of all migratory game bird populations was presented for discussion to more than 600 individuals and organizations (summarized below) in Population Status of Migratory Game Birds in Canada — November 2001 (the November Report). This information was also posted on the Canadian Wildlife Service Web site.

Based on the discussions, regulatory proposals were developed jointly among the Canadian Wildlife Service and the provinces and territories. The proposals were described in detail in the December 2001 Report, Proposals to Amend the Canadian Migratory Birds Regulations (the December Report). The Report was sent to federal biologists in Canada, the United States, Mexico and the Caribbean, Greenland and St. Pierre and Miquelon, as well as to provincial and territorial biologists, migratory game bird hunters, and native groups. The document also was distributed to non-government organizations, including the Canadian Wildlife Federation and its provincial affiliates, Canadian Nature Federation, World Wildlife Fund, Nature Conservancy of Canada, Ducks Unlimited, and Delta Waterfowl Research Station. The Report was also posted online.

On January 26, 2002, a Notice of Intent was published in the Canada Gazette, Part I, which outlined the Department's intention to conduct the annual review of the Migratory Birds Regulations. In addition to requesting feedback on the proposed amendments, the Notice provided information on how to obtain copies (by mail or on-line) of the detailed biological information and regulatory proposals as outlined in the November and December Reports.

From December 2001 to March 2002, biologists from the Canadian Wildlife Service joined with their provincial and territorial counterparts on technical committees to discuss new information on the status of migratory game bird populations, and where necessary, they revised the proposals for regulatory changes. The work of the technical committees, as well as the information received from migratory game bird hunters and non-government organizations, led to the development of specific recommendations on regulatory amendments. The current set of amendments represents the consensus reached from the proposals outlined in the December Report.

Individual hunters play an important role in the annual adjustment of these Regulations. Through their participaton in the National Harvest Survey and the Species Composition Survey, they provide information about their hunting, particularly the species and numbers of migratory game birds taken. The surveys are carried out each year, by means of questionnaires that are sent to selected purchasers of the federal Migratory Game Bird Hunting Permit. Through the co-operation of hunters who provide this annual information, Canada compiles some of the best information on migratory game bird hunters anywhere in the world.

Compliance and Enforcement

Under the Migratory Birds Convention Act, 1994, and considering case law, the average penalty for the summary conviction of an individual for a violation under the Act is estimated to be approximately $300. Where available, minor offences will be dealt with under a ticketing system. There are provisions for increasing fines for a continuing or subsequent offence. However, an individual may receive a maximum fine of $50,000 and/or up to six months in jail for summary (minor) conviction offences, and a maximum fine of $100,000 and/or up to five years in jail for indictable (serious) offences. Corporations face maximum fines of $100,000 and $250,000 for summary convictions and indictable offences, respectively.

Environment Canada enforcement officers, and provincial and territorial conservation officers, enforce the Migratory Birds Regulations. They do this by, for example, inspecting hunting areas, inspecting hunters for hunting permits, and inspecting hunting equipment and the number of migratory game birds taken and possessed.

Contacts

Hélène Lévesque

Migratory Birds Regulations Specialist

Migratory Birds Conservation Division

Wildlife Conservation Branch

Canadian Wildlife Service

Environment Canada

Hull, Quebec

K1A 0H3

Telephone: (819) 953-1419

FAX: (819) 994-4445

Jason Travers

Regulatory Analyst

Legislative Services

Program Integration Branch

Canadian Wildlife Service

Hull, Quebec

K1A 0H3

Telephone: (819) 953-7593

FAX: (819) 956-5993

Footnote a 

S.C. 2001, c. 34, s. 53

Footnote b 

S.C. 1994, c. 22

Footnote 1 

C.R.C., c. 1035

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