Vol. 134, No. 31 — July 29, 2000

Regulations Amending the Migratory Birds Regulations

Statutory Authority

Migratory Birds Convention Act, 1994

Sponsoring Department

Department of the Environment

REGULATORY IMPACT ANALYSIS STATEMENT

Description

This proposed amendment to the Migratory Birds Regulations would allow for the establishment of Waterfowler Heritage Days, to be held during the period when the Migratory Birds Convention allows hunting (i.e. September 1 to March 10 of the following year). On Waterfowler Heritage Days, only qualified young hunters will be permitted to hunt, in the company of a licensed adult hunter who will provide guidance as a mentor.(see footnote 1) Waterfowler Heritage Days are intended to provide young hunters with the opportunity to practice their skills and to reinforce the training they have acquired through federal, provincial and territorial safety courses in a safe, controlled environment.

To establish Waterfowler Heritage Days, the Migratory Birds Regulations would be amended to allow young hunters to hunt during these designated days without a federal Migratory Game Bird Hunting Permit (MGBHP), and to set out the conditions hunters must meet if they wish to participate in Waterfowler Heritage Days.

Young hunters participating in Waterfowler Heritage Days would be required to carry evidence of successful completion of all mandatory federal, provincial and territorial safety testing requirements (applicable for the area in which they would hunt), including hunter and firearm training courses. During Waterfowler Heritage Days, participating young hunters will be exempt from purchasing the MGBHP. These hunters would have to comply with all other provisions of the Migratory Birds Regulations (e.g. bag and possession limits, season dates, hunting methods, etc.). If young hunters elect to hunt at other times during the hunting season, they will be required to purchase the MGBHP.

Mentors would be at least 18 years of age (except in British Columbia, where mentors must be at least 19) and hold a valid MGBHP. Each mentor may accompany up to two qualified young hunters. Mentors would not be permitted to have in their possession or use a firearm. Mentors would be expected to focus their attention on providing guidance and advice on firearms safety and hunting etiquette, such as site selection, decoy setup and removal, dog handling, and bird retrieval.

In accordance with the Migratory Birds Convention Act, 1994, the hunting of migratory game birds is restricted to a period not exceeding three and one-half months (totaling 107 days), commencing no earlier than September 1 and ending no later than March 10 of the following year. Within this period, season dates and bag and possession limits are adjusted annually, in collaboration with provincial and territorial wildlife management officials, to manage the impact of hunting of migratory game bird populations, and to ensure the conservation of migratory birds. This is accomplished through the examination of long-term population trends and harvest data on an ongoing basis to evaluate the status of each species of migratory game bird. Any Waterfowler Heritage Days would count toward the total number of hunting days allowed.

Alternatives

There is no desirable alternative to this proposed amendment. The status quo (not providing young hunters with a special, controlled opportunity to reinforce firearms safety training and hunter etiquette) would result in young hunters facing their first field hunting experience at a time when many more experienced persons are also hunting.

Benefits and Costs

For young hunters, Waterfowler Heritage Days will provide a quality hunting experience in a structured, non-competitive environment. Mentors will have an opportunity to pass on their considerable skills and knowledge to younger hunters.

Hunters typically are extremely knowledgeable about wildlife and contribute directly to wildlife conservation by assisting in managing the numbers of animals, and collecting and providing data to wildlife management authorities. Hunters provide substantial financial support to organizations dedicated to conservation, and their fundraising efforts contribute millions of dollars to conservation programs in such areas as education, research, and habitat protection. They also provide employment and input to the general economy, particularly in rural Canada.

The number of individuals who participate in hunting has been declining in recent years. Given the significant contribution made by hunters to conservation goals, this decline is cause for concern.

In response to the declining number of hunters, a number of provinces have implemented, or are in the process of implementing, special programs for young hunters that highlight training and safety requirements. These programs, which now apply to hunting of provincially-managed species such as deer, moose, and upland game birds, enable young people to hunt free-of-charge, or at a reduced cost. This proposed amendment to the Migratory Birds Regulations would complement such provincial programs by exempting young hunters from purchasing the federal MGBHP when they participate in Waterfowler Heritage Days.

This proposal would also make an important contribution toward achieving the federal government's economic and conservation objectives.

According to estimates based on the 1991 Canadian Wildlife Service document, The Importance of Wildlife to Canadians, $5.6 billion in expenditures was associated with all recreational uses of wildlife. Migratory birds alone generated a substantial portion of these expenditures: over $1.2 billion was spent by Canadians on recreational waterfowl-related activities, of which $177.2 million was associated with waterfowl hunting. It was estimated that the $177.2 million in waterfowl hunting expenditures contributed over $220 million to the Gross Domestic Product, and sustained approximately 4 000 jobs. Federal and provincial revenue from taxes derived from these activities was estimated at $98 million. The proposed amendment will help to ensure that these benefits are sustained year after year. The substantial international benefits provided to citizens of the United States and Latin America are not included in these estimates.

Consultation

The Canadian Wildlife Service, Environment Canada, has formalized the consultation process used each year to make amendments to hunting regulations. Proposed hunting regulations are described annually in the December Regulations Report, which is distributed to more than 600 individuals and groups, including federal biologists in Canada and the United States, provincial and territorial biologists, migratory game bird hunters, and native groups. The document is also distributed to non-governmental organizations, including the Canadian Wildlife Federation and its provincial affiliates, the Canadian Nature Federation, the World Wildlife Fund, the Nature Conservancy of Canada, Ducks Unlimited Canada and the Delta Waterfowl Research Station.

This proposal was developed in 1998 through the Table de concertation sur la gestion des oiseaux migrateurs, the mechanism through which Environment Canada coordinates consultation on issues of migratory bird conservation within the Province of Quebec. There are 25 representatives of 10 organizations, including Government, hunter and other conservation groups, Aboriginal groups and agricultural interests. Consultation with stakeholders took place through the 1998 December Regulations Report.

During the fall 1999, several other provinces and territories indicated support for and interest in participating in Waterfowler Heritage Days as first proposed for Quebec. The idea was discussed in the regional fora, consisting of the Canadian Wildlife Service, the provinces and territories, and major wildlife conservation organizations. This resulted in proposals for Waterfowler Heritage Days being developed for additional jurisdictions. The proposals were discussed in the December 1999 Regulations Report, which was widely distributed to stakeholders for review and comment through the national consultation process.

Following distribution of the December 1999 report, only supportive comments were received. A number of stakeholders, including several hunting associations and a conservation organization, wrote to express their support for the proposal. The initiative is strongly supported by the Provinces of Quebec, Manitoba, Prince Edward Island, New Brunswick and British Columbia, who would like to participate in Waterfowler Heritage Days this coming hunting season.

In addition to the widely distributed Regulations Report, officials at Environment Canada have consulted directly with  representatives of several firearms control organizations and accident prevention specialists, who are unsupportive of this proposal. In their view, any access to guns by young people under the age of 18 is unacceptable, and should not be permitted or encouraged by the federal government.

The regulation of age requirements for possession and use of firearms is dealt with by the federal government in the Firearms Act and by provincial governments in their legislation pertaining to hunting.   Requirements are in place in provincial and federal Regulations to ensure there is proper safety training, supervision, and testing before people may become hunters. The Firearms Act provides for minors between the ages of 12 and 18 to hold a licence allowing the possession of firearms for hunting, target practice or instruction in the use of firearms. A minor's possession licence may not be issued without the consent of a parent or guardian.

Given this framework, the proposed amendment to the Migratory Birds Regulations would come into effect at the fulfillment of those programs to provide a safe, controlled introduction to hunting by young people who have already completed all required training and testing. The overriding objective of the Migratory Birds Regulations is conservation of migratory game bird species. Well-trained hunters are necessary to minimize problems that pose a threat to achieving this objective.

This proposal has been reviewed by officials at the Department of Justice's Canadian Firearms Centre, who advise that Waterfowler Heritage Days are entirely consistent with the Firearms Act, which emphasizes the safe, responsible use of firearms by those persons who are qualified and licenced to possess a firearm.

Compliance and Enforcement

Under the Migratory Birds Convention Act, 1994 (the Act), and considering case law, the average penalty for a summary conviction of an individual for a violation under the Act is estimated to be approximately $300. 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 $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.

Enforcement officers of Environment Canada and provincial and territorial conservation officers enforce the Migratory Birds Regulations by such activities as inspection of hunting areas, hunting equipment, and number and identity of migratory birds taken and possessed, as well as inspection of hunters for valid MGBHPs.

Contact

Terry Mueller, Regulatory Analyst, Program, Analysis and  Coordination Division, Canadian Wildlife Service, Environment Canada, Ottawa, Ontario K1A 0H3, (819) 953-7306 (Telephone), (819) 953-6283 (Facsimile); or Kathryn Dickson, Senior Waterfowl Biologist, Migratory Birds Conservation Division, Canadian Wildlife Service, Environment Canada, Ottawa, Ontario K1A 0H3, (819) 997-9733 (Telephone), (819) 994-4445 (Facsimile).

 

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 12 of the Migratory Birds Convention Act, 1994(see footnote a) proposes to make the annexed Regulations Amending the Migratory Birds Regulations.

Interested persons may make representations with respect to the proposed Regulations to the Minister of the Environment within 30 days of the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of this notice, and be addressed to the Director, Migratory Birds Conservation, Canadian Wildlife Service, Environment Canada, Ottawa, Ontario, K1A 0H3.

Ottawa, July 27, 2000

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE  MIGRATORY BIRDS REGULATIONS

AMENDMENTS

1. Subsection 2(1) of the Migratory Birds Regulations (see footnote 2) is amended by adding the following in alphabetical order:

"minor" means a person who has not attained, in British Columbia, the age of 19 and in all other provinces and territories, the age of 18. (personne mineure)

2. Section 5 of the Regulations is amended by adding the following after subsection (10):

(11) Despite subsections (1) and (3), a minor may hunt the migratory birds referred to in column I.1 of Table I of any Part of Schedule I without a permit only during the days that are set out in that column, referred to in Table I as "Waterfowler Heritage Days", if the person

(a) is lawfully able to hunt in the province or territory where the hunting will occur; and

(b) is accompanied by a migratory game bird hunting permit holder who is not a minor.

(12) The permit holder referred to in paragraph (11)(b) must not, during the days set out in column I.1 referred to in paragraph (11)

(a) have in their possession or use a firearm while accompanying the minor; and

(b) accompany more than two minors at one time.

3. (1) Table I of Part II of Schedule I to the Regulations is amended by adding the following between columns I and II:

OPEN SEASONS IN PRINCE EDWARD ISLAND

Item	Column I Area	ColumnI.1 Ducks (other than Harlequin Ducks) and geese
1.	Throughout the Province of Prince Edward Island	September 16 (a)

  (2) Table I of Part II of Schedule I to the Regulations is amended by adding the following after the Table:

(a) Waterfowler Heritage Day

4. (1) Table I of Part IV of Schedule I to the Regulations is amended by adding the following between columns I and II:

OPEN SEASONS IN NEW BRUNSWICK

Item	Column I Area	ColumnI.1 Ducks (other than Harlequin Ducks) and geese
1.	Zone No. 1	September 16 (a)
2.	Zone No. 2	September 16 (a)
3.	Zone No. 3	September 16 (a)

  (2) Table I of Part IV of Schedule I to the Regulations is amended by adding the following after the Table:

(a) Waterfowler Heritage Day

5. (1) Table I of Part V of Schedule I to the Regulations is amended by adding the following between columns I and II:

OPEN SEASONS IN QUEBEC

Item	Column I Area	ColumnI.1 Ducks (other than Harlequin Ducks) and geese (other than Snow geese)
1.	District A	N/A
2.	District B	September 9 (e)
3.	District C and D	September 9 (e)
4.	District E	September 9 (e)
5.	District F, G, H and I	September 16 (e)
6.	District J	September 23 (e)
7.	District K	N/A

  (2) Table I of Part V of Schedule I to the Regulations is amended by adding the following after paragraph (d):

(e) Waterfowler Heritage Day.

6. (1) Table I of Part VII of Schedule I to the Regulations is amended by adding the following between columns I and II:

OPEN SEASONS IN MANITOBA

Item	Column I Area	ColumnI.1 Ducks and Canada geese
1.	Game Bird Hunting Zone No. 1	N/A
2.	Game Bird Hunting Zone No. 2	September 1 to September 7 (b)
3.	Game Bird Hunting Zone No. 3	September 9 to September 15 (b)
4.	Game Bird Hunting Zone No. 4	September 9 to September 15 (b)

  (2) Table I of Part VII of Schedule I to the Regulations is amended by adding the following after paragraph (a):

(b) Waterfowler Heritage Day.

7. (1) Table I of Part X of Schedule I to the Regulations is amended by adding the following between columns I and II:

OPEN SEASONS IN BRITISH COLUMBIA

Item	Column I Area	ColumnI.1 Ducks and Canada geese
1.	No. 1	September 30 and October 1 (n)(o)
2.	No. 2	September 30 and October 1 (n)(p) September 2 and 3 (n)(q)
3.	No. 3	N/A
4.	No. 4	September 10 (n)
5.	No. 5	September 9 and 10 (n)
6.	No. 6	September 23 and 24(n)(r)
7.	No. 7	N/A
8.	No. 8	N/A

  (2) Table I of Part X of Schedule I to the Regulations is amended by adding the following after paragraph (m):

(n) Waterfowler Heritage Day.

(o) Except Canada geese.

(p) All Provincial Management Units in District 2 except Provincial Management Unit 2-11.

(q) Provincial Management Unit 2-11 only.

(r) Provincial Management Units 6-3 and 6-11 to 6-14 inclusive only.

COMING INTO FORCE

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

[31-1-o]

Footnote a

S.C. 1994, c. 22

Footnote 1

To be eligible to participate, qualified young hunters must be minors (i.e. 18 years of age or younger in British Columbia, and 17 years of age or younger in all other provinces and territories).

Footnote 2

C.R.C., c. 1035

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).