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Vol. 138, No. 8 — February 21, 2004
Regulations Amending the Wildlife Area Regulations
Statutory Authority
Canada Wildlife Act
Sponsoring Department
Department of the Environment
REGULATORY IMPACT
ANALYSIS STATEMENT
Description
The intent of these amendments to the Wildlife Area Regulations (WAR) and Migratory Birds Regulations (MBR) is to (i) update the definition of non-toxic shot to include tungsten-bronze-iron shot as an approved non-toxic shot alternative, and (ii) ensure that the definition is consistent in all of Environment Canada's wildlife regulations.
In 1990, the federal government took steps to reduce progressively the amount of lead deposited into the environment from hunting by creating, in cooperation with the provinces, non-toxic shot zones for waterfowl hunting. In 1996, the WAR were amended to prohibit the possession of lead shot for hunting in all National Wildlife Areas. This amendment to the WAR defined non-toxic shot as a shotgun cartridge that contains less than 1 percent by weight of lead. In 1997, the MBR were amended to incorporate the WAR definition of non-toxic shot and to require its possession and use for hunting most migratory game birds, first in wetland areas and subsequently in all areas of Canada as of September 1, 1999.
The MBR definition of non-toxic shot, adopted in the 1998 amendments, was more specific than the WAR definition, which had been unchanged since 1996. In 2001, the MBR and the WAR were amended to ensure consistency between the two regulations and to add a new approved type of shot.
Under subsection 2(1) of the MBR and section 2 of the WAR, non-toxic shot is presently defined as bismuth shot, steel shot, tin shot, tungsten-iron shot, tungsten-matrix shot, tungsten-nickel-iron shot or tungsten-polymer shot. These shot types have been approved as non-toxic alternatives for use in Canada in accordance with the Toxicity Test Guidelines of the Canadian Wildlife Service (CWS) of Environment Canada.
This year, after scientific review, CWS approved tungsten-bronze-iron shot as a non-toxic shot alternative. All available evidence indicates that this tungsten-bronze-iron shot is not toxic to migratory game birds or their environments. As a result, it is proposed that both the MBR and the WAR be amended to incorporate this new type of shot and to ensure consistency in regulatory requirements.
Alternatives
There is no other alternative to this regulatory amendment. The prohibition of lead shot and its replacement with non-toxic alternatives led to a search for affordable, non-toxic, ballistically acceptable alternatives to lead. Shot-shell manufacturers continue to research and develop new shot types. Alternatives to lead shot that are approved as non-toxic shot by CWS necessitate corresponding changes to the WAR and MBR to authorize their use.
Benefits and Costs
The WAR already require the possession and use of non-toxic shot for all hunting in National Wildlife Areas and the MBR also require non-toxic shot usage for hunting migratory game birds. Therefore, there will be no additional costs to hunters as a result of these regulatory changes. The addition of a new non-toxic shot alternative increases choice for hunters, and could also increase competition between manufacturers, resulting in a decrease in cost.
Environmental Impact Assessment
No environmental impact is expected from the proposed amendments to either the WAR or MBR. The tungsten-bronze-iron (TBI) shot has been tested for toxicity and has been shown to have no significant detrimental effects on waterfowl or their habitats. Three of the component materials — metallic tungsten, tin, and iron — had already been approved, in the past, as non-toxic when ingested by waterfowl. Thus, only the copper (Cu) component of TBI shot required an independent assessment. The manufacturer that developed this new shot conducted toxicity analyses following a protocol established by CWS (CWS Toxicity Test Guidelines). The analysis report submitted by the manufacturer, which has been reviewed by a CWS heavy metals expert, demonstrated that the Cu in TBI shot is not toxic for migratory game birds and the aquatic environment. Since the use of lead shot is already controlled, there should be no net change in the deposition of lead into the environment by adding a new formulation of non-toxic shot.
Consultation
These regulatory amendments are non-controversial in nature. Widespread consultations were conducted with provincial and territorial wildlife agencies, shotgun shell distributors, retailers, hunting associations, Aboriginal groups and others before the progressive ban on the use of lead shot was introduced in 1997. CWS has subsequently conducted public consultations on regulatory amendments to authorize specific non-toxic shot types. These regulatory amendments to modify the non-toxic shot definition are considered administrative in nature, and provides more choice to hunters.
Compliance and Enforcement
Wildlife enforcement officers of Environment Canada and designated provincial and territorial conservation officers enforce the WAR and the MBR. The average penalty for a summary conviction of an individual for this type of violation under the Canada Wildlife Act (CWA) is approximately $300 and under the Migratory Birds Convention Act, 1994 (MBCA), is approximately $200. Minor offences will be dealt with under a ticketing system. There are provisions for increasing fines for continuing or subsequent offences.
Renée Bergeron, Regulatory Analyst, Legislative Services, Canadian Wildlife Service, Environment Canada, Gatineau, Quebec K1A 0H3, (819) 994-6354 (Telephone), (819) 956-5993 (Facsimile), renee.bergeron@ec.gc.ca (Electronic mail).
Notice is hereby given that the Governor in Council, pursuant to section 12 (see footnote a) of the Canada Wildlife Act (see footnote b), proposes to make the annexed Regulations Amending the Wildlife Area Regulations.
Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice and be addressed to the Director General, Canadian Wildlife Service, Environment Canada, Ottawa, Ontario K1A 0H3.
Ottawa, February 16, 2004
EILEEN BOYD
Assistant Clerk of the Privy Council
REGULATIONS AMENDING THE WILDLIFE AREA REGULATIONS
AMENDMENTS
1. (1) The definition "non-toxic shot" in section 2 of the Wildlife Area Regulations (see footnote 1) is replaced by the following:
"non-toxic shot" means bismuth shot, steel shot, tin shot, tungsten-bronze-iron shot, tungsten-iron shot, tungsten-matrix shot, tungsten-nickel-iron shot or tungsten-polymer shot; (grenaille non toxique)
(2) Section 2 of the Regulations is amended by adding the following in alphabetical order:
"tungsten-bronze-iron shot" means shotgun pellets consisting of, by weight,
(a) at least 50% tungsten,
(b) at least 3% tin,
(c) at least 0.5% iron,
(d) not more than 45% copper, and
(e) not more than 1% each of any other element; (grenaille de tungstène-bronze-fer)
COMING INTO FORCE
2. These Regulations come into force on the day on which they are registered.
[8-1-o]
S.C. 2002, c. 29, s. 136
S.C. 1994, c. 23, s. 2
C.R.C., c. 1609; SOR/94-594
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