REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The purpose of these amendments to Schedule I of the Migratory Birds Regulations is to change some hunting season dates for the 2009-2010 hunting season 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, which is implemented in Canada by the Migratory Birds Convention Act, 1994. The objective and purpose of the Convention, the Act and the 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 mid-August, and in most cases, as of 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 Environment Canada’s 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.

Last year, the amendments established 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 provides hunters greater predictability of future hunting season dates and has reduced the quantity of regulatory amendments required for subsequent years to Schedule 1 of the Migratory Birds Regulations. Neither fixed dates nor relative dates will require annual amendment, so changes for this year are restricted to those needed for conservation and management purposes only.

Description and rationale

Waterfowler Heritage Days

This regulatory amendment establishes Waterfowler Heritage Days in the Province of Alberta 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 Alberta. Two days, September 5 and 6, are designated Waterfowler Heritage Days in the southern portion of Alberta (hunting zones 5, 6, 7). The regular waterfowl hunting season will open on September 8. To conform to provisions set out in the Migratory Birds Convention Act, 1994 (which limits the open season period to a total of 107 days) implementation of Waterfowler Heritage Days resulted in the removal of two days at the end of the regular hunting season. The regular hunting season will remain unchanged in the other hunting zones. Waterfowler Heritage Days are currently in effect in Newfoundland and Labrador, 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 that are required to be a successful migratory game bird hunter. For example, they will have an opportunity to learn about 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 than 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

Snow goose populations have increased to the point where they have been designated as overabundant; they are causing significant crop damage and negatively affecting staging and Arctic breeding habitats. In an effort to increase the harvest and potentially reverse population growth of snow geese, North American jurisdictions have been encouraged to liberalize the Regulations. Beginning in 1999, an amendment to the Migratory Birds Regulations created special conservation measures in spring during which hunters were encouraged to take overabundant species for conservation reasons and, in some cases, subject to specific controls, use special methods and equipment such as electronic calls and bait. Increasing harvest rates to earlier levels by extending seasons and allowing very liberal daily bag and possession limits for snow geese continue to be recommended.

This regulatory amendment permits the use of white and blue phase Snow Goose decoys when using electronic calls in the fall in Saskatchewan. It is currently allowed only in the spring. The amendment also permits the use of white and blue phase Snow Goose decoys for Snow Goose hunting in Nunavut. This change is in recognition of the large proportion of blue phase snow geese in the mid-continent population and is intended to harmonize regulations with those in Manitoba and Alberta, where the use of white and blue phase Snow Goose decoys is already allowed. The use of electronic Snow Goose calls for the hunting of Snow Geese is currently allowed in specified parts of Canada and in parts of the United States as a means of increasing the harvest of this species.

This regulatory amendment also creates special conservation measures for overabundant Snow Geese from August 15 through August 31 in Nunavut. This is a period when hunters may take Snow Geese outside the regular hunting season. It also increases the daily bag limit for Canadian hunters (from 15 to 20) and non-resident hunters (from 5 to 20) and the possession limit for non-residents (from 10 to 80). These changes are intended to contribute to the success of the special conservation measures to control population growth of Greater Snow Geese and mid-continent Lesser Snow Geese. In addition, this regulatory amendment adjusts the bag and possession limits for duck and goose for islands in James Bay, Nunavut, in order to make them consistent with regulations on adjacent mainland areas in Ontario and Quebec.

Also, this amendment removes the hunting prohibition on a parcel of land in the Hunting District F in Quebec during the spring conservation measures in order to increase the harvest of Snow Geese.

Ducks

The regulatory amendment creates a separate sea duck bag limit for: Common Merganser, Red-breasted Merganser, Long-tailed Duck, eiders and scoters in Prince Edward Island. This limit would be separate from the current regular inland duck limit. This amendment also extends the hunting season to December 31 for these sea ducks listed above in Prince Edward Island. These amendments are intended to harmonize the Regulations across the Atlantic Provinces.

Earlier opening of the hunting season for qualified residents of Yukon

This regulatory amendment creates a third Yukon Hunting District by dividing the current Southern Hunting District at the 62nd parallel. This allows an earlier opening for the hunting season, beginning on August 15, for Yukon resident hunters in the northern portion of Yukon (north of 62 degrees north latitude). The opening of the hunting season for non-residents remains September 1. This distinction between Yukon resident hunters and Yukon non-resident hunters is permitted as per Article II 4(a)(ii) of the 1995 Protocol amending the 1916 Convention between the United Kingdom and the United States of America for the Protection of Migratory Birds in Canada and the United States.

Manitoba non-resident hunting hours

This regulatory amendment allows all-day hunting of Ross’ Goose and Snow Goose by non-residents of Canada during the first week of the season (September 21-27) in an effort to increase the harvest of Snow Geese.

No-hunting zone in Quebec

This regulatory amendment clarifies the boundaries of the Nicolet no-hunting zone by the addition of geographic coordinates.

Removal of hunting prohibitions in Ontario

This regulatory amendment removes prohibitions from hunting on two parcels of land that are now protected by the Wildlife Area Regulations (C.R.C., c. 1609) under the Canada Wildlife Act (R.S. 1985, c. W-9). These prohibitions under the Migratory Birds Regulations duplicate those created under the Wildlife Area Regulations, and are, therefore, no longer needed. The Big Creek National Wildlife Area was established in 1973 on properties purchased by Environment Canada in 1972 and expanded in 1974. The St. Clair National Wildlife Area was established in 1978 on land acquired by Environment Canada in 1974.

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 to 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 dollars 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 2009-2010 season began in November 2008 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 2008 (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 2008 report Proposals to amend the Canadian Migratory Birds Regulations (the December Report). The November and December Reports are available at: 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 documents were 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.

Biologists from Environment Canada’s Canadian Wildlife Service met with their provincial and territorial counterparts in technical committees from November 2008 through February 2009, 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 the activities of migratory game bird hunters available 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.

Contact

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