ARCHIVED — Regulations Amending the Migratory Birds Regulations

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Registration

SOR/2008-217 June 19, 2008

MIGRATORY BIRDS CONVENTION ACT, 1994

P.C. 2008-1270 June 19, 2008

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 12(1) (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

AMENDMENTS

1. The portion of subsection 15(1) of the Migratory Birds Regulations (see footnote 1) before paragraph (a) is replaced by the following:

(1) Subject to subsections (4) and (5) and section 23.1, no person shall hunt a migratory bird

2. The portion of items 1 and 2 of Table 1 of Part I of Schedule I to the Regulations is replaced by the following:

TABLE I

OPEN SEASONS ON THE ISLAND OF NEWFOUNDLAND

Item

Column II

Ducks, Including Mergansers (Other Than Long-tailed Ducks, Harlequin Ducks, Eiders and Scoters), Geese and Snipe

1.

Second Saturday of September (Waterfowler Heritage Day)

 

Third Saturday of September to last Saturday of December

2.

Second Saturday of September (Waterfowler Heritage Day)

 

Third Saturday of September to last Saturday of December

3. The portion of item 3 of Table II of Part I of Schedule I to the Regulations in Column II is replaced by the following:

TABLE II

OPEN SEASONS IN LABRADOR

 Item

Column II

Ducks (Other Than Harlequin Ducks and Eiders), Geese and Snipe

3.

First Saturday in September (Waterfowler Heritage Day)

 

Second Saturday in September to third Saturday in December

4. The portion of item 2 of Table III of Part I of Schedule I to the Regulations in column II is replaced by the following:

Item

Column II

Murres

2.

October 6 to January 20

5. Table I of Part II of Schedule I to the Regulations is replaced by the following:

TABLE I

OPEN SEASONS IN PRINCE EDWARD ISLAND

Item

Column I

Area

Column II

Ducks (Other Than
Harlequin Ducks)
and Geese

Column III

Ducks (Other Than
Harlequin Ducks),
Snipe and Geese

Column IV

Woodcock

1.

Throughout Prince Edward Island

Third Saturday of September (Waterfowler Heritage Day)

First Monday of October to second Saturday of December

Last Monday of September to second Saturday of December

6. Table I of Part III of Schedule I to the Regulations is replaced by the following:

TABLE I

OPEN SEASONS IN NOVA SCOTIA

Item

Column 1

Area

Column 2

Ducks (Other Than
Harlequin Ducks)
and Geese

Column 3

Ducks (Other
Than Harlequin
Ducks)

Column 4

Additional Seasons for Common
and Red-breasted Mergansers

1.

Zone No. 1

Third Saturday of September (Waterfowler Heritage Day)

October 1 to December 31

No additional seasons

2.

Zone No. 2

Third Saturday of September (Waterfowler Heritage Day)

October 8 to December 31

October 1 to 7 (in coastal waters only)

January 1 to 7 (in coastal waters only)

3.

Zone No. 3

Third Saturday of September (Waterfowler Heritage Day)

October 8 to December 31

January 1 to 7

 

Item

Column 5

Additional Seasons
for Long-tailed Ducks,
Eiders and Scoters
(in Coastal Waters Only)

Column 6

Additional Seasons
for Scaup,
Goldeneyes and
Buffleheads

Column 7

Geese

Column 8

Woodcock and Snipe

1.

No additional seasons

No additional seasons

October 1 to December 31

October 1 to November 30

2.

October 1 to 7

January 1 to 7

January 1 to 7

October 8 to January 15

October 1 to November 30

3.

No additional seasons

January 1 to 7

October 8 to January 15

October 1 to November 30

7. The portion of Table I of Part IV of Schedule I to the Regulations before the note is replaced by the following:

TABLE I

OPEN SEASONS IN NEW BRUNSWICK

Item

Column 1

Area

Column 2

Ducks (Other Than
Harlequin Ducks)
and Geese

Column 3

Ducks (Other Than Harlequin Ducks),
Geese (Other Than Canada Geese
and Cackling Geese) and Snipe

1.

Zone No. 1

Third Saturday of September
(Waterfowler Heritage Day)

October 15 to January 4

2.

Zone No. 2

Third Saturday of September
(Waterfowler Heritage Day)

October 1 to December 18

 

Item

Column 4

Canada Geese and
Cackling Geese

Column 5

Additional Seasons for Common
and Red-breasted Mergansers,
Long-tailed Ducks, Eiders
and Scoters
(in Coastal Waters Only)

Column 6

Woodcock

1.

For a period of 11 days beginning on the Tuesday after Labour Day Monday (a)

October 15 to January 4

February 1 to 24

September 15 to November 30

2.

For a period of 11 days beginning on the Tuesday after Labour Day Monday (a)

October 1 to December 18

No additional seasons

September 15 to November 30

8. Note (e) of Table II of Part IV of Schedule I to the Regulations is replaced by the following:

(e) Not more than a total of three additional Canada Geese or Cackling Geese, or any combination of them, may be taken daily and not more than a total of six additional Canada Geese or Cackling Geese, or any combination of them, may be possessed for a period of 11 days beginning of the Tuesday after Labour Day Monday.

9. The portion of Table I of Part V of Schedule I to the Regulations before the notes is replaced by the following:

TABLE I

OPEN SEASONS IN QUEBEC

Item

Column 1

Area

Column 2

Ducks (Other Than
Harlequin Ducks),
Geese, Woodcock
and Snipe

Column 3


Ducks (Other Than Eiders,
Harlequin and Long-tailed Ducks),
Geese (Other Than Canada Geese,
Cackling Geese and Snow Geese)
and Snipe

Column 4


Canada Geese and
Cackling Geese

1.

District A

N/A

September 1 to December 10

September 1 to December 10

2.

District B

The Saturday preceding the opening of the migratory bird hunting season identified in column 3 (Waterfowler Heritage Day)

For a period of 104 days beginning on the first Saturday after September 11

The first Saturday after September 11 to the first Saturday after December 25

3.

Districts C, D and E

The Saturday preceding the opening of the migratory bird hunting season identified in column 3 (Waterfowler Heritage Day)

For a period of 104 days beginning on the first Saturday after September 11 (c)

September 1 to the Friday before the first Saturday after September 11 (a)

The first Saturday after September 11 to December 16

4.

District F

The Saturday preceding the opening of the migratory bird hunting season identified in column 3 (d) (Waterfowler Heritage Day)

For a period of 96 days beginning on the first Saturday after September 18 (c)

September 6 to the Friday before the first Saturday after September 18 (a)

The first Saturday after September 18 to December 21

5.

District G

Second-to-last Saturday of September (Waterfowler Heritage Day)

Last Saturday of September to December 26

Last Saturday of September to December 26

 

Item

Column 5

Eiders and
Long-tailed Ducks

Column 6

Coots and
Gallinules

Column 7

Woodcock

1.

September 1 to December 10

No open season

September 1 to December 10

2.

October 1 to January 14 (b)

No open season

For the period beginning on September 11 if that day is a Saturday or, if not, on the nearer Saturday that is before or after September 11 and ending on the first Saturday after December 25

3.

The first Saturday after September 11 to the first Saturday after December 25

No open season

For the period beginning on September 18 if that day is a Saturday or, if not, on the nearer Saturday that is before or after September 18 and ending on the first Saturday after December 25

4.

The first Saturday after September 18 to the first Saturday after January 1 of the following year

The first Saturday after September 18 to the first Saturday after January 1 of the following year

For the period beginning on September 18 if that day is a Saturday or, if not, on the nearer Saturday that is before or after September 18 and ending on the first Saturday after January 1 of the following year

5.

November 1 to February 14

No open season

Last Saturday of September to December 26

10. Notes (a) and (b) of Table I of Part V of Schedule I to the Regulations is replaced by the following:

(a) In Districts C, D, E and F, hunting for Canada Geese and Cackling Geese is allowed only on farmland.

(b) In District B along the North Shore west of the Natashquan River, the hunting season for eiders and Long-tailed Ducks, respectively, begins on October 1 and ends on October 24 and begins on November 15 and ends on February 5.

11. Note (d) of Table I of Part V of Schedule I to the Regulations is replaced by the following:

(d) In District F, hunting for Coots and Gallinules is allowed during Waterfowler Heritage Day.

12. Paragraphs 1(d) to (j) after Table I of Part V of Schedule I to the Regulations are replaced by the following:

(d) “District D: Lac Saint-Jean” means that part of the Province of Quebec included in that portion of Provincial Hunting Zones 18, 21 and 28 lying west of longitude 70°00′ and in that portion of Provincial Hunting Zone 27 lying west of longitude 70°00′ and north of the latitude at the Saint-Siméon wharf to Route 381 and from there to the northern limit of Provincial Hunting Zone 27;

(e) “District E: Lower St. Lawrence” means that part of the Province of Quebec included in Provincial Hunting Zone 1; that portion of Hunting Zone 2 lying east of Route 185 to its intersection with du Loup River, and lying east of a line running along the centre of that river to the north end of the Rivière-du-Loup wharf; that portion of Provincial Hunting Zone 28 lying east of longitude 70°00′; that portion of Provincial Hunting Zone 27 lying east of longitude 70°00′ and north of the latitude at the Saint-Siméon wharf; that portion of Provincial Hunting Zone 18 and the waters of the Saguenay lying east of the limit of District D; including the waters of Chaleur Bay, and of the St. Lawrence River lying east of the ferry crossing from Saint-Siméon to Rivière-du-Loup to the boundaries of Districts B and G;

(f) “District F: Quebec” means that part of the Province of Quebec included in that portion of Provincial Hunting Zone 2 lying west of District E; Provincial Hunting Zones 3 to 11 inclusive, 15 and 26; including that portion of Provincial Hunting Zone 27 lying south of Districts D and E; including the waters of the St. Lawrence River lying west of District E; and

(g) “District G: Îles-de-la-Madeleine” means the lands and waters included in the County of the Magdalen Islands in the Province of Quebec.

13. The portion of items 2 to 6 of Table I.2 of Part V of Schedule I to the Regulations in columns 1 and 2 is replaced by the following:

Item

Column 1

Area

Column 2

Period during which Snow Geese may be killed

2.

District B

First Saturday after September 11 to the first Saturday after December 25

3.

Districts C and D

April 1 to May 31 (a)

September 1 to the Friday before the first Saturday after September 11 (a

the first Saturday after September 11 to the first Saturday after December 25

4.

District E

April 1 to May 31 (a)

September 1 to the Friday before the first Saturday after September 11 (a

the first Saturday after September 11 to the first Saturday after December 25

5.

District F

April 1 to May 31 (a), (b), (c),

September 6 to the Friday before the first Saturday after September 18 (a)

the first Saturday after September 18 to the first Saturday after January 1 of the following year

6.

District G

Last Saturday of September to December 26

14. Note (c) of Table I.2 of Part V of Schedule I of the Regulations is replaced by the following:

(c) In District F, on the north shore of the St. Lawrence River, no person shall hunt north of the St. Lawrence River and south of a line located at 1000 m north of Highway 40 between Montée St-Laurent and the Maskinongé River. On the south shore of the St. Lawrence River, no person shall hunt south of the St. Lawrence River and north of the railroad right-of-way located near Route 132 between the Nicolet River in the east and Lacerte Road in the west.

15. Table II of Part V of Schedule I to the Regulations is replaced by the following:

TABLE II

BAG AND POSSESSION LIMITS IN QUEBEC

Limits

Ducks

Geese (Other Than Snow Geese)

Snow Geese

Coots and Gallinules

Woodcock

Snipe

Daily Bags.

6 (a), (b), (c), (f)

5 (d), (f)

20 (f)

4 (f)

8 (e), (f)

10 (f)

Possession.

12 (a), (b), (c), (f)

20

60

8

16

20

(a) Not more than four Black Ducks may be taken daily, with a possession limit of eight in Districts A, B, C, D, E, F (east of Route 155 and Highway 55) and G.

(b) Not more than two Black Ducks may be taken daily, with a possession limit of four in District F (west of Route 155 and Highway 55). Not more than four Black Ducks may be taken daily, with a possession limit of eight in District F (east of the Gatineau River) in the period beginning on November 1 and ending on the first Saturday after January 1 of the following year.

(c) Not more than one Barrow’s Goldeneye or Blue-winged Teal may be taken daily, with a possession limit of two.

(d) Not more than 10 Canada Geese or Cackling Geese can be taken daily from September 1 to September 25.

(e) For non-residents of Canada, not more than four Woodcock may be taken daily.

(f) Not more than three birds in total may be taken or possessed during Waterfowler Heritage Days, but the additional species restrictions described in notes (b) and (c) apply within that total.

16. Table I of Part VI of Schedule I to the Regulations is replaced by the following:

TABLE I

OPEN SEASONS IN ONTARIO

Item

Column 1

Area

Column 2

Ducks (Other Than Harlequin Ducks), Rails (Other Than Yellow Rails and King Rails), Common Moorhens, American Coots, Common Snipe and Geese (Other Than Canada Geese and Cackling Geese)

Column 3

Canada Geese and Cackling Geese

Column 4

Woodcock

1.

Hudson-James Bay District

September 1 to December 16

September 1 to December 16

September 1 to December 15

2.

Northern District

September 10 to December 25 (a)

September 1 to December 16

September 15 to December 15

3.

Central District

For a period of 107 days beginning on the third Saturday of September (b)

For a period of 107 days beginning on the day after Labour Day

September 20 to December 20

4.

Southern District

For a period of 107 days beginning on the fourth Saturday of September (c)

For a period of 11 days beginning on the first Thursday after Labour Day (d), (f);

For a period of 11 days beginning on the first Thursday after Labour Day except for any Sunday within this period (e), (f), (g)

For a period of 96 days beginning on the fourth Saturday of September (d)

For a period of 105 days beginning on the fourth Saturday of September except for any Sunday within this period (e), (g)

For a period of eight days beginning on the fourth Saturday of February except for any Sunday within this period (e), (g), (h)

September 25 to December 20

(a)  Except for American Black Ducks for which the open season begins on September 10 and ends on December 15.

(b)  Except for American Black Ducks for which the open season begins on the third Saturday of September and ends on December 20.

(c)  Except for American Black Ducks for which the open season begins on the fourth Saturday of September and ends on December 20.

(d)  In municipalities where Sunday gun hunting is permitted by provincial regulations.

(e)  In municipalities where Sunday gun hunting is not permitted by provincial regulations.

(f)  Excluding that part of the Township of South Walsingham south of County Road 42, which includes Long Point.

(g)  No person shall hunt Canada geese or Cackling geese by any means on Sundays during the hunting season in municipalities where Sunday gun hunting is not permitted by provincial regulations.

(h)  Except in Wildlife Management Unit 94.

17. Section 1 after Table I of Part VI of Schedule I to the Regulations is replaced by the following:

1. In this Part,

(a) a reference to a Wildlife Management Unit is a reference to that unit in the Province of Ontario as referred to in Schedule 1 of Part 6 of Ontario Regulation 663/98 (Area Descriptions) made under the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c. 41, and if a wildlife management unit is referred to by whole number only, the whole number includes a reference to all of the wildlife management units referred to in that schedule by that number used in combination with a letter, or a letter and another number; and

(b) a reference to municipalities where Sunday gun hunting is permitted is a reference to those municipalities in the Province of Ontario referred to in Schedule 1 of Part 7 of Ontario Regulation 663/98 (Area Descriptions) as being the area south of the French and Mattawa rivers where it is permitted to hunt with a gun on Sundays under Ontario Regulation 665/98 (Hunting) made under the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c. 41.

18. (1) Paragraphs 2(a) to c) after Table I of Part VI of Schedule I to the French version of the Regulations are replaced by the following:

a) « District de la Baie d’Hudson et de la Baie James » désigne la partie de la province d’Ontario comprenant les secteurs de gestion de la faune 1A, 1B et les parties des secteurs de gestion de la faune 1D, 25 et 26 à l’est de la longitude 83°45′ et au nord de la latitude 51°;

b) « District nord » désigne la partie de la province d’Ontario comprenant les secteurs de gestion de la faune 1C et les parties de 1D, 25 et 26 situées à l’ouest de la longitude 83°45′, et au sud de la latitude de 51°, ainsi que les secteurs de gestion de la faune 2 à 24 inclusivement, 27 à 41 inclusivement, et 45;

c) « District central » désigne la partie de la province d’Ontario comprenant les secteurs de gestion de la faune 42 à 44 inclusivement, 46 à 50 inclusivement, et 53 à 59 inclusivement;

(2) Paragraph 2(d) after Table I of Part VI of Schedule I to the Regulations is replaced by the following:

(d) “Southern District” means that part of the Province of Ontario comprising Wildlife Management Units 60 to 95 inclusive.

19. Paragraphs 4(a) to (d) after Table I of Part VI of Schedule I to the French version of the Regulations are replaced by the following:

a) la partie du canton de Norfolk, dans la municipalité régionale de Haldimand-Norfolk, indiquée comme étant la réserve nationale faunique Big Creek et désignée comme la Partie I sur le plan R.17 déposé au bureau d’enregistrement de Norfolk;

b) la partie du canton de Dover West, dans le comté de Kent, composée des lots 1 à 3 inclusivement dans la quatrième concession du canton;

c) la partie du lac Sainte-Claire, de la baie Rondeau, dans le comté de Kent, et la partie de la baie Long Point, du lac Érié, qui s’étend à l’ouest d’une ligne reliant le point de confluence des eaux du lac Érié et de celles du ruisseau Cottage, en passant par l’extrémité ouest de l’île Whitefish Bar, à la rive sud de Turkey Point, soit à plus de 300 mètres de la rive ou d’une jonchaie naturelle ou d’une laisse qui forme la limite d’une propriété privée;

d) la partie du fleuve Saint-Laurent à la confluence du lac Saint-François et les îles qui s’y trouvent, situées entre la limite est du barrage de la centrale d’énergie Robert H. Saunders et de la pointe Saint-Louis et la limite interprovinciale entre l’Ontario et le Québec, située à plus de 300 mètres de la rive appartenant à la terre ferme ou à toute île sise dans le district ou de toute jonchaie naturelle ou d’une laisse qui forme la limite d’une propriété privée;

20. Table II of Part VI of Schedule I to the Regulations is replaced by the following:

TABLE II

BAG AND POSSESSION LIMITS IN ONTARIO

Limits

Ducks (Other Than Harlequin Ducks)

Canada Geese and Cackling Geese

White-fronted Geese and Brant

Snow Geese

Rails (Other Than Yellow Rails and King Rails), American Coots, Common Snipe, and Common Moorhens

Woodcock

Daily bags

 6 (a), (b), (c), (d)

5 (e), (f), (g), (h), (i)

5

10

10

8

Possession

12 (a), (b), (c), (d)

24

10

40

20

16

(a)  Not more than one American Black Duck may be taken daily and not more than two American Black Ducks may be possessed in Central and Southern districts and not more than two American Black Ducks may be taken daily and not more than four American Black Ducks may be possessed in Hudson-James Bay and Northern districts.

(b)  Not more than four Canvasbacks may be taken daily and not more than eight Canvasbacks may be possessed.

(c)  Not more than four Redheads may be taken daily and not more than eight Redheads may be possessed.

(d)  Not more than one Barrow’s Goldeneye may be taken daily and not more than two Barrow’s Goldeneye may be possessed.

(e)  A total of not more than three Canada Geese or Cackling Geese, or any combination of them, may be taken daily in that portion of Wildlife Management Unit 1D in Hudson-James Bay District and in Wildlife Management Units 23 to 31 inclusive and 37 to 41 inclusive in the period beginning on September 10 and ending on December 16.

(f)  A total of not more than two Canada Geese or Cackling Geese, or any combination of them, may be taken daily in Wildlife Management Unit 94 in the period beginning on the fourth Saturday in September and ending on the last day of the open season.

(g)  A total of not more than three Canada Geese or Cackling Geese, or any combination of them, may be taken daily in Wildlife Management Units 82 to 86 inclusive and 93 in the period beginning on the fourth Saturday of September and ending on October 31.

(h)  A total of five additional Canada Geese or Cackling Geese, or any combination of them, may be taken daily in Wildlife Management Units 36 and 45 in the period beginning on September 1 and ending on September 9; in Wildlife Management Units 42 to 44 inclusive and 46 to 59 inclusive in the period beginning on the day after Labour Day and ending on the Friday preceding the third Saturday of September ; in Wildlife Management Units 60 to 81 inclusive, 87 to 92 inclusive and 95 in the 11-day period beginning on the first Thursday after Labour Day; and in municipalities where Sunday gun hunting is permitted in Wildlife Management Units 60 to 81 inclusive and 87 to 92 inclusive in the eight-day period beginning on the fourth Saturday of February.

(i)  A total of three additional Canada Geese or Cackling Geese, or any combination of them, may be taken daily in Wildlife Management Units 82 to 86 inclusive, 93 and 94 in the 11-day period beginning on the first Thursday after Labour Day and in municipalities where Sunday gun hunting is not permitted in Wildlife Management Units 82 to 86 inclusive and 93 in the eight-day period beginning on the fourth Saturday in February.

21. Note (b) of Table I of Part VII of Schedule I to the Regulations is replaced by the following:

(b) Snow Goose call recordings may be used but, if used with decoys, the decoys may only represent white or blue phase Snow Geese, or any combination of them.

22. Note (b) of Table I.2 of Part VII of Schedule I to the Regulations is replaced by the following:

(b) Snow Goose call recordings may be used but, if used with decoys, the decoys may only represent white or blue phase Snow Geese, or any combination of them.

23. The headings of Columns III to V of Table I of Part VIII of Schedule I to the Regulations are replaced by the following:

Column III

Geese RESIDENTS OF CANADA

Column IV

White Geese (Snow and Ross’s Geese) NON-RESIDENTS OF CANADA

Column V

Dark Geese (Canada and White-fronted) NON-RESIDENTS OF CANADA

     

24. Note (b) of Table I of Part VIII of Schedule I to the Regulations is replaced by the following:

(b) Except White-fronted Geese; season for residents of Canada for White-fronted Geese begins on September 10 and ends on December 16.

25. Note (d) of Table I of Part VIII of Schedule I to the Regulations is replaced by the following:

(d) Snow Goose call recordings may be used but, if used with decoys, the decoys may only represent white phase snow geese.

26. Section 3 after Table I of Part VIII of Schedule I of the Regulations is replaced by the following:

3. In this Part, the open season for geese for residents and non-residents of Canada in District No. 2 (South), and the Provincial Wildlife Management Zones 43, 47 to 59 inclusive and 67 to 69 inclusive of District No. 1 (North), includes only that part of each day from one-half hour before sunrise to 12:00 noon, local time, from September 1 to October 14, and, on and after October 15, geese may be hunted from one-half hour before sunrise until one-half hour after sunset, except east of 106° west longitude where, on and after September 1, White Geese (Snow and Ross’s Geese) may be hunted from one-half hour before sunrise until one-half hour after sunset. Note: Last Mountain Lake National Wildlife Area is closed to all hunting until September 20.

27. Note (b) of Table I.2 of Part VIII of Schedule I to the Regulations is replaced by the following:

(b) Snow Goose call recordings may be used but, if used with decoys, the decoys may only represent white or blue phase Snow Geese, or any combination of them.

28. Notes (c) and (d) of Table II of Part VIII of Schedule I to the Regulations are replaced by the following:

(c) For residents of Canada, not more than four may be White-fronted Geese. For non-residents of Canada, not more than three may be White-fronted Geese.

(d) For residents of Canada, not more than eight may be White-fronted Geese. For non-residents of Canada, not more than six may be White-fronted Geese.

29. The heading of Column III of Table I of Part IX of Schedule I to the Regulations is replaced by the following:

Column III

White Geese (Snow and Ross’s Geese) (b)

 

30. Table I of Part IX Schedule I to the Regulations is amended by adding the following after note (a):

(b) Snow Goose call recordings may be used but, if used with decoys, the decoys may only represent white or blue phase Snow Geese, or any combination of them.

31. Paragraphs 1(a) to (h) after Table I of Part IX of Schedule I to the Regulations are replaced by the following:

(a) “Zone No. 1” means that part of Alberta included in Wildlife Management Units 501 to 506 inclusive, 509 to 512 inclusive, 514 to 519 inclusive, 529 to 532 inclusive and 841;

(b) “Zone No. 2” means that part of Alberta included in Wildlife Management Units 344, 347, 349 to 360 inclusive, 520 to 528 inclusive, 534 to 537 inclusive, 539 to 542 inclusive and 544;

(c) “Zone No. 3” means that part of Alberta included in Wildlife Management Units 200, 202 to 204 inclusive, 230, 232, 234, 236, 238, 240, 252, 254, 256, 258, 260 and 500;

(d) “Zone No. 4” means that part of Alberta included in Wildlife Management Units 206, 208, 216, 220 to 222 inclusive, 224, 226, 228, 242, 244, 246, 248, 250, 320, 322, 324, 326, 328, 330, 332, 334, 336 to 340 inclusive, 342, 346, 348, 429, 507, 508 and 936;

(e) “Zone No. 5” means that part of Alberta included in Wildlife Management Units 151, 160, 162 to 164 inclusive and 166;

(f) “Zone No. 6” means that part of Alberta included in Wildlife Management Units 104, 106, 108, 110, 112, 128, 130, 132, 134, 136, 138, 140, 142, 152, 156, 158, 210, 212, 214, 300, 302 to 306 inclusive, 308, 310, 312 and 314;

(g) “Zone No. 7” means that part of Alberta included in Wildlife Management Units 102, 116, 118 and 119, 124, 144, 148 and 150; and

(h) “Zone No. 8” means that part of Alberta included in Wildlife Management Units 316, 318, 400, 402, 404, 406, 408, 410, 412, 414, 416 to 418 inclusive, 420, 422, 426, 428, 430, 432, 434, 436 to 442 inclusive and 444 to 446 inclusive.

32. The portion of Table I of Part X of Schedule I to the Regulations before the notes is replaced by the following:

TABLE I

OPEN SEASONS IN BRITISH COLUMBIA

Item

Column 1

District

Column 2

Ducks and Geese

Column 3

Ducks, Coots and Snipe

Column 4

Snow and Ross’s Geese

1.

No. 1

Weekend before Thanksgiving weekend (Waterfowler Heritage Days)

For a period of 105 days beginning on the Saturday of Thanksgiving weekend

For a period of 105 days beginning on the Saturday of Thanksgiving weekend

2.

No. 2

Weekend before Thanksgiving weekend (d)

Weekend before September 10 (e), (f)

(Waterfowler Heritage Days on both weekends)

For a period of 105 days beginning on the Saturday of Thanksgiving weekend (c), (g)

September 10 to December 23 (e)

For a period of 86 days beginning on the Saturday of Thanksgiving weekend (h)

For the period of 19 days ending on March 10 (h)

3.

No. 3

First two-day weekend in September (Waterfowler Heritage Days)

September 10 to December 23

September 10 to December 23

4.

No. 4

First two-day weekend in September (Waterfowler Heritage Days)

September 10 to December 23

September 10 to December 23

5.

No. 5

Weekend before 15 September (Waterfowler Heritage Days)

September 15 to December 25

September 15 to December 25

6.

No. 6

First two-day weekend in September (q), (r) (Waterfowler Heritage Days)

September 1 to November 30 except for the first two-day weekend in September (q)

October 1 to January 13 (r)

September 1 to November 30 except for the first two-day weekend in September (q)

October 1 to January 13 (r)

7.

No. 7

N/A

September 1 to November 30

September 1 to November 30

8.

No. 8

First two-day weekend in September (Waterfowler Heritage Days)

September 12 to December 25

September 12 to December 25

 

Item

Column 5

Other Geese

Column 6

Brant

Column 7

Band-tailed Pigeons

Column 8

Mourning Doves

1.

For a period of 105 days beginning on the Saturday of Thanksgiving weekend (a)

For a period of nine days beginning on the first Saturday of September (b), (c)

For a period of 44 days beginning on the Saturday of Thanksgiving

For a period of 23 days beginning on the third Saturday of December (b), (c)

For the period of 29 days ending on March 10 (b), (c)

No open season

September 15 to 30

No open season

2.

For a period of 105 days beginning on the Saturday of Thanksgiving weekend (i)

For a period of nine days beginning on the first Saturday of September (c), (j)

For a period of 44 days beginning on the Saturday of Thanksgiving (c), (j)

For a period of 23 days beginning on the third Saturday in December (r), (j)

For the period of 29 days ending on March 10 (r), (j)

September 10 to December 23 (e), (k)

March 1 to 10 (c), (l)

September 15 to 30 (m)

No open season

3.

September 10 to December 23 (n)

September 10 to 20 (o)

October 1 to December 23 (o)

March 1 to March 10 (o)

No open season

September 15 to 30 (p)

September 1 to 30

4.

September 10 to December 23

No open season

No open season

September 1 to 30

5.

September 15 to December 25

No open season

No open season

No open season

6.

September 1 to November 30 except for the first two-day weekend in September (q)

October 1 to January 13 (r)

No open season

No open season

No open season

7.

September 1 to November 30

No open season

No open season

No open season

8.

September 12 to December 25 (s)

September 20 to November 28 (k)

December 20 to January 5 (k)

February 21 to March 10 (k)

No open season

No open season

September 1 to 30

33. Note (a) of Table I of Part XIII of Schedule I to the Regulations is replaced by the following:

(a) Snow Goose call recordings may be used but, if used with decoys, the decoys may only represent white phase snow geese.

34. Schedule I to the English version of the Regulations is amended by striking out every occurrence of “*” and its reference to “* Long-tailed Duck is the current name for Oldsquaw”.

COMING INTO FORCE

35. 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.)

Issue and objectives

The purpose of the amendments to Schedule I of the Migratory Birds Regulations is to establish hunting season dates for 2008/ 2009 and to set daily bag limits and possession limits for migratory game birds. These amendments will ensure the sustainable harvest of migratory game bird populations.

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 (the Convention), which is implemented in Canada by the Migratory Birds Convention Act, 1994 (the Act). 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 is accomplished, in part, by protecting them during their nesting season and when traveling to and from their breeding grounds through the establishment of annual hunting season dates, daily bag limits, and possession limits.

The hunting of migratory birds is restricted to a period not exceeding three and one-half months, commencing no earlier than September 1st and ending no later than March 10th of the following year. Within these outside limits, seasons are shortened to protect populations where there is concern over declining numbers. 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. Every year, population data describing the status of migratory game birds in Canada is gathered by the Canadian Wildlife Service Waterfowl Committee, published in the Migratory Birds Regulatory Reports Series, and used to develop amendments to the Migratory Birds Regulations in consultation with the provinces and territories and the government of the United States of America.

Description and rationale

Fixed and relative season dates

This regulatory amendment establishes all season opening and closing dates in either a fixed or relative date format. Fixed dates are used where it does not matter on which day of the week seasons open or close, and relative dates (e.g. first Saturday in September) are used where it is considered important to maintain traditional seasons opening or closing on specific days of the week. The benefits of this approach are that it will provide hunters with greater predictability of future hunting season dates and reduce the quantity of regulatory amendments required each year to Schedule 1 of the Migratory Birds Regulations. The fixed or relative date system was already in place to some extent or fully in Newfoundland and Labrador, Prince Edward Island, Nova Scotia, New Brunswick, Yukon Territory and Nunavut. This amendment implements the fixed and relative date system in every province and territory in Canada. This provides a consistent national approach to establishing hunting season dates in Canada for migratory game birds. Previously, amendments to some Parts of Schedule I of the Migratory Birds Regulations were made every year. These annual amendments were done to reflect specific calendar dates to maintain traditional openings and closings for the migratory bird hunting season in each province or territory. Neither fixed dates nor relative dates will require annual amendment, so future changes in season dates can be restricted to those needed for conservation and management purposes. Hunters will continue to be given the specific season dates on communications and compliance materials that accompany the purchase of a hunting permit.

Waterfowler Heritage Days

This regulatory amendment establishes Waterfowler Heritage Days in the Province of Newfoundland and Labrador in accordance with subsections 5(11) and 5(12) of the Migratory Birds Regulations. The amendment is made at the request of the Province of Newfoundland and Labrador. Waterfowler Heritage Days are currently in effect in Prince Edward Island, Nova Scotia, New Brunswick, Quebec, Manitoba and British Columbia.

Waterfowler Heritage Days provide young hunters that are under the age of majority the opportunity to have a mentor teach them the skills required to be a successful migratory game bird hunter, such as the use of decoys and effective bird retrieval. By establishing Waterfowler Heritage Days prior to the opening of the migratory game bird season, the mentoring of young hunters can take place in a controlled environment, on a day when no other hunters are permitted to hunt migratory game birds. Subsection 5(11) of the Migratory Birds Regulations specifies that on Waterfowler Heritage Days only young hunters, under the age of majority but within the age permitted by provincial or territorial hunting legislation, who are lawfully able to hunt in the province or territory, and who are accompanied by a licensed migratory game bird hunter who is over the age of majority, are allowed to hunt the migratory game birds specified for the province or territory in Schedule 1 of the Migratory Birds Regulations. Moreover, under the federal Firearms Act, all hunters, including a hunter who is a minor, must hold a valid firearms license issued under the Firearms Act, unless they are under the direct and immediate supervision of a person who may lawfully possess the firearm. Provincial and territorial peace officers enforce the federal Firearms Act. Subsection 5(12) of the Migratory Bird Regulations further specifies that the hunter who is over the age of majority may not accompany more than two minors at one time and may not have in their possession or use a firearm while accompanying the minor. On a Waterfowler Heritage Day, a minor who meets the above criteria is not required to possess a Migratory Game Bird Hunting Permit; however, the minor must possess a Migratory Game Bird Hunting Permit to hunt during any other open season in Canada. Enforcement of the Migratory Birds Regulations, including the regulations in effect on Waterfowler Heritage Days, is carried out by Environment Canada wildlife enforcement officers, the Royal Canadian Mounted Police, and provincial and territorial conservation officers designated under the Migratory Birds Convention Act, 1994.

Waterfowler Heritage Days were established to educate young hunters and introduce migratory game bird hunting to young people. The number of migratory game bird hunters is declining annually in Canada. The overriding objective of the Migratory Birds Regulations is conservation of migratory game bird species, and knowledgeable, well-trained hunters are important contributors to this objective.

Snow Goose

This regulatory amendment permits the use of Snow Goose call recordings in Alberta. Currently, the use of Snow Goose call recordings is permitted in Saskatchewan and Manitoba. This amendment establishes consistent hunting regulations for Snow Geese across the Prairie Provinces. As is the case elsewhere, if those recordings are used with decoys, the decoys must represent Snow Geese only.

Canada Goose

This regulatory amendment increases the daily bag limit for Canada Geese in Ontario and Quebec to 10 birds during specified periods when temperate-breeding (southern) Canada Goose populations are primarily present. Rapidly growing populations of temperate-breeding Canada Geese, particularly in southern Quebec, Ontario, British Columbia and New Brunswick are the subject of increasingly liberal hunting regulations in an effort to control their populations.

This regulatory amendment also removes the mid-season closure of Canada Goose hunting in Ontario Wildlife Management Unit 94 in the Southern District of Ontario. Ontario Wildlife Management Unit 94 has had, since the early 1990s, fewer hunting days for Canada Geese than other units as well as a smaller daily bag limit. These restrictions were put into place with the intent of protecting migrant Southern James Bay Population (SJBP) geese. In spite of the severe restrictions in place in Ontario Wildlife Management Unit 94, the number of SJBP geese has not increased over the past two decades. At the same time, the number of temperate-breeding Canada Geese has grown substantially, resulting in a growing number of complaints about nuisance geese in summer. Discussions among jurisdictions sharing these birds led to the conclusion that a better strategy to manage both populations is to remove most of the restrictions on harvest with the expectation that the much larger temperate-breeding population will buffer any negative impact on the smaller SJBP. As a precautionary measure, the daily bag limit will remain restricted at two birds per day for the regular season until the impact of the longer season can be evaluated. The situation will be monitored over the coming years, and increasing the bag limit will be considered if population and harvest data support such action.

Ducks

This regulatory amendment shifts the opening and closing of the duck hunting season in Quebec approximately one week earlier, depending on the hunting zone, to account for hunter preferences. To ensure no effect on black duck populations, the season lengths remain the same as in past years. The amendment also extends the open season for ducks in Ontario by less than two weeks (exact number of days depends on the hunting zone). In order to take into account the conservation needs of black ducks, the amendment specifies that no black ducks may be taken during the extended periods in Ontario. Finally, the regulatory amendment reduces the daily bag limit for Barrow’s Goldeneye in Quebec from six to one bird. The historically small, eastern population of Barrow’s Goldeneye is declining and stricter hunting regulations are necessary to conserve the population. Restrictions are currently in place in Newfoundland and Labrador, Prince Edward Island, Nova Scotia, New Brunswick, and Ontario.

Merging hunting districts in Quebec

This regulatory amendment merges four former hunting districts in Quebec (Districts F, G, H, and I) to form a single new District F. For several years, the regulations in these four districts have been identical, hence there is no need to maintain the districts separately. The benefit of merging is to simplify the Regulations.

Saskatchewan resident vs. non-resident hunting restrictions

This regulatory amendment removes restrictions previously in effect for Canadians who are not residents of Saskatchewan. This means that the bag limit for non-residents of Saskatchewan is increased from three to four Greater White-fronted Geese, matching the limit for Saskatchewan residents. The possession limit is twice the daily bag limit. Similarly, Canadian non-residents of Saskatchewan are now permitted to hunt Canada Geese from September 1st through 9th in Hunting District No. 2 (South). Previously, hunting during this period in this district was open to Saskatchewan residents only. These amendments are made to ensure equal access for all Canadians to hunting in Saskatchewan. The Province of Saskatchewan supports the principle of equal access for all Canadian residents to the migratory bird resource and agrees to this regulatory amendment. Permits sold to Canadians who are not Saskatchewan residents account for approximately 500 of the more than 18 000 migratory bird hunting permits sold in Saskatchewan. Non-resident Canadians harvest, on average, 2% of the Greater White-fronted Geese taken in the province.

Overall rationale

The control of hunting season dates and the number of migratory game birds that may be taken and possessed during those dates help to ensure migratory game bird populations are maintained. These conservation measures are necessary to meet Canada’s international obligations under the Migratory Birds Convention, 1916. They also address Canada’s obligations under the Convention on Biological Diversity to ensure that the species are not jeopardized by over-hunting. They help ensure that a sustained yield of direct and indirect economic benefits will continue to accrue to Canadians at a very low enforcement cost. These benefits to Canadians result from both hunting and non-hunting uses of migratory birds. The economic benefits of hunting are considerable. According to estimates based on the 2000 Environment Canada document, The Importance of Nature to Canadians, the total value of all activities associated with migratory birds contributes $527 million in direct annual benefits to the Canadian economy. Moreover, of that total, about $94.4 million was attributed solely to the value associated with hunting of migratory game birds. Furthermore, Wildlife Habitat Canada estimated in 2000 that over the preceding 15 years, Canadian migratory bird hunters contributed $335 million and 14 million hours of volunteer work to habitat conservation for migratory game birds.

Consultation

The Canadian Wildlife Service of Environment Canada 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 dates.

The consultation process for the 2008/09 season began in November 2007 when initial biological information on the status of all migratory game bird populations was presented for discussion in Population Status of Migratory Game Birds in Canada — November 2007 (the November Report). Based on the discussions, regulatory proposals were developed jointly by the Canadian Wildlife Service and the provinces and territories. The proposals were described in detail in the December 2007 report, Proposals to amend the Canadian Migratory Birds Regulations (the December Report). The November and December Reports are available at: http://www.cws-scf.ec.gc.ca.

As well as being posted on the Web site, the reports were distributed directly to federal biologists in Canada, the United States, Mexico and the Caribbean, Greenland and St. Pierre and Miquelon, provincial and territorial biologists, migratory game bird hunters and Aboriginal groups. The document was also 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 the Delta Waterfowl Research Station. No comments or concerns were raised in response to the publication and distribution of these consultation documents.

A Notice of Intent was published in the Canada Gazette Part I on March 15th, 2008 indicating that the Canadian Wildlife Service is proposing to modify the Migratory Birds Regulations in accordance with the proposals outlined in the December Report and requesting public comment by April 4, 2008. No comments were received during this public comment period.

Biologists from the Canadian Wildlife Service met with their provincial and territorial counterparts in technical committees from November 2007 through February 2008, discussed new information on the status of migratory game bird populations and, where necessary, revised the proposals for regulatory changes. The work of the technical committees, as well as information received from migratory game bird hunters and non-government organizations, led to the development of these specific regulatory amendments. The current set of amendments represents the consensus reached over the proposals outlined in the December Report.

Individual hunters play an important role in the annual adjustment of these regulations. Hunters provide information about their hunting, particularly the species and numbers of migratory game birds taken, through their participation in the National Harvest Survey and the Species Composition Survey. These surveys are carried out each year by means of mail questionnaires that are sent to selected purchasers of the federal Migratory Game Bird Hunting Permit. Through the cooperation of hunters who provide this information each year, Canada has among the best information on migratory game bird hunters anywhere in the world.

Implementation, enforcement and service standards

Under the Migratory Birds Convention Act, 1994, a person may receive a $300,000 maximum fine and/or up to six months in jail for summary conviction offences and a $1,000,0000 maximum fine and/or up to three years in jail for indictable offences. There are provisions for increasing fines for a continuing or subsequent offence. Enforcement officers also have the discretion to issue tickets for some minor offences.

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

Contacts

Basile VanHavre
Director
Population Conservation and Management Division
Canadian Wildlife Service
Environment Canada
Ottawa, Ontario
K1A 0H3
Telephone: 819-953-6362

Mary Taylor
Director
Conservation Service Delivery and Permitting
Canadian Wildlife Service
Environment Canada
Ottawa, Ontario
K1A 0H3
Telephone: 819-953-9097

Footnote a
S.C. 2005, c. 23, s. 8

Footnote b
S.C. 1994, c. 22

Footnote 1
C.R.C., c. 1035