Vol. 132, No. 23 — November 11, 1998

Registration
SOR/98-527 22 October, 1998

MIGRATORY BIRDS CONVENTION ACT, 1994

Regulations Amending the Migratory Birds Regulations

P.C. 1998-1867 22 October, 1998

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

REGULATIONS AMENDING THE MIGRATORY BIRDS REGULATIONS

AMENDMENT

1. Subsection 15(6) (see footnote 1) of the Migratory Birds Regulations (see footnote 2) is replaced by the following:

(6) Notwithstanding paragraph (1)(a), migratory game birds may be hunted with the aid of raptors in any area of a province that is designated by the province as an area in which persons may hunt with the aid of raptors.

COMING INTO FORCE

2. These Regulations come into force on October 22, 1998.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

Currently, the Migratory Birds Regulations permit the hunting of migratory birds with raptors in Prince Edward Island, Saskatchewan, Alberta and British Columbia. This method of hunting has had little impact on bird populations in these provinces. The amendment will allow for falconry hunting across Canada where the area is designated by a province or territory as an area in which persons may hunt with the aid of raptors.

Falconers usually hunt by travelling to areas frequented by migratory game birds, as do other bird hunters, keeping their raptor leashed until a game bird is sighted. The raptor is then released, attacks its prey and returns the prey to the falconer on command. Falconers hunt many more days on average than other migratory game bird hunters. However, due to the low success rate of their raptors, they have no greater impact on bird populations.

Alternatives

The alternative is to remain with the status quo. However, as falconry hunting does not present a conservation concern, it is not necessary to prevent such hunting in some parts of the country. In order to permit falconry hunting across Canada, the regulations should be amended.

Benefits and Costs

There has been no significant reduction of migratory bird populations in those areas where falconry is permitted in Canada. Given the low participation rate and low success rate of raptors, this initiative should have very little impact on the resource.

This method of hunting poses no environmental contamination problem from lead shot or spent cartridges.

Moreover, the initiative will facilitate harmonization of federal and provincial regulations. The amendment to the federal regulations will enable the provinces and territories to designate zones within their jurisdictions in which hunting with raptors may occur. For example, the government of Ontario has replaced its Game and Fish Act with the Fish and Wildlife Conservation Act, which permits the designation of areas for hunting with raptors, in order to be able to provide for this method of hunting when the proposed amendment to the federal regulations is finalized. Similarly, in March 1998, the government of Manitoba amended its Wildlife Act to provide for hunting with raptors.

Consultation

In 1991, Environment Canada distributed its regulatory proposals for review by key non-governmental organizations, native groups, and provincial and territorial governments. Additionally, from 1992 to 1994, a second review was made specifically to discuss the issue of competitiveness of regulations in Canada. Few comments were made in the reviews concerning the hunting of migratory game birds with raptors.

The proposed amendment was prompted by requests from hunters and other interested parties, including the Ontario Hawking Club.

Early notice of the proposal to amend the regulations was provided through the 1997 Federal Regulatory Plan. This initiative was also outlined in Environment Canada's December 1996 report, Migratory Game Birds in Canada: Proposals for 1997 Hunting Regulations. The report contains proposals for the 1997 regulations and allows for public review and comment in the development of hunting regulations. The mailing list of 400 includes environmental non-government organizations, wildlife conservation groups, native organizations, media contacts and U.S. government contacts, as well as federal, provincial and territorial staff with an interest in waterfowl management. No objections have been received.

This proposal was prepublished in the Canada Gazette, Part I, on July 25, 1998, and no comments were received.

With regard to falconry hunting, some concern exists that migratory birds, other than game birds, could be taken by a released raptor. However, this is believed to occur infrequently as falconers control the release of their raptors and only release them when game birds are sighted. Sections within the existing Regulations which prohibit the hunting of migratory birds, other than game birds, will be sufficient to address this concern.

Compliance and Enforcement

The amendment will not result in a need for additional enforcement.

Bill C-23, amending the Migratory Birds Convention Act, received Royal Assent on June 23, 1994. The major change for hunters is the increase in penalties for violations. An individual may receive a $50,000-maximum fine and/or up to six months in jail for summary (minor) conviction offenses, and a $100,000-maximum fine and/or up to five years in jail for indictable (serious) offenses. Corporations face maximum fines of $100,000 and $250,000 for summary convictions and indictable offenses, respectively.

Environment Canada game officers, members of the Royal Canadian Mounted Police and provincial and territorial conservation officers enforce the Migratory Birds Regulations by, for example, examining hunting areas, inspecting hunters for hunting permits, and also inspecting the number of migratory game birds taken and possessed.

Contacts

Stephen Wendt
Chief
Migratory Birds Conservation Division
Canadian Wildlife Service
Environment Canada
Ottawa, Ontario
K1A 0H3
Tel.: (819) 953-1422
FAX: (819) 994-4445
E-mail: Steve.Wendt@ec.gc.ca

Susan Masswohl
Regulatory Analyst
Program Analysis and Coordination Division
Canadian Wildlife Service
Environment Canada
Ottawa, Ontario
K1A 0H3
Tel.: (819) 953-8582
FAX: (819) 953-6283
E-mail: Susan.Masswohl@ec.gc.ca

Footnote a

S.C. 1994, c. 22

Footnote 1

SOR/93-431

Footnote 2

C.R.C., c. 1035

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