Vol. 134, No. 19 — September 13, 2000

Registration
SOR/2000-347 31 August, 2000

MIGRATORY BIRDS CONVENTION ACT, 1994

Regulations Amending the Migratory Birds Regulations

P.C. 2000-1394 31 August, 2000

Her 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 THEMIGRATORY BIRDS REGULATIONS

AMENDMENTS

1. Subsection 2(1) of the Migratory Birds Regulations (see footnote 1) 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	Column I.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	Column I.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	Column I.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	Column I.1 Ducks and Canada geese
1.	Game Bird Hunting Zone 1	N/A
2.	Game Bird Hunting Zone 2	September 1 to September 7 (b)
3.	Game Bird Hunting Zone 3	September 9 to September 15 (b)
4.	Game Bird Hunting Zone 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	Column I.1 Ducks and 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.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

This amendment to the Migratory Birds Regulations will 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 hunters under the age of majority will be permitted to hunt, in the company of a licensed adult hunter who will provide guidance as a mentor (see footnote 2) . These young hunters are already legally qualified to hunt under the existing federal and provincial rules as soon as the season opens. Waterfowler Heritage Days set aside a special time, for example, just prior to the season opening, when only these young hunters will be permitted to hunt. This will provide them with a supervised opportunity to practice their skills and reinforce the training they have previously acquired through federal, provincial and territorial safety courses in a safe, controlled environment.

Young hunters participating in Waterfowler Heritage Days meet 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 not need to purchase the federal Migratory Game Bird Hunting Permit (MGBHP). They must, however, 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 must 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 will not be permitted to have in their possession or use a firearm. Mentors are 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 will count toward the total number of hunting days allowed.

Alternatives

There is no desirable alternative to this amendment. The status quo (not providing young hunters with a special, controlled opportunity to reinforce firearms safety training and hunter etiquette) would result in more young hunters facing their first field hunting experience without supervision and at a time when many more experienced persons are also hunting.

Benefits and Costs

The benefit of this regulatory amendment is that 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.

More generally, hunters make valuable contributions to the conservation of wildlife in Canada. 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. A recent report by Wildlife Habitat Canada noted that hunters are significant contributors to conservation in Canada, both financially and through their volunteer efforts. The report noted that, over the last 15 years, Canadian hunters have contributed $335 million and 14 million hours of volunteer work to habitat conservation. Given the significant contribution made by hunters to conservation goals, the recent decline in the number of individuals who participate in hunting 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. While not its main purpose, this amendment to the Migratory Birds Regulations complements existing provincial programs by not requiring young hunters to purchase the federal MGBHP when they participate in Waterfowler Heritage Days. Waterfowler Heritage Days will be implemented in close cooperation with provincial wildlife agencies.

Migratory game bird hunting makes 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. This 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 amendments to hunting and other wildlife-related 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.

The proposal to establish Waterfowler Heritage Days 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.

During the fall of 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, discussed in the December Regulations Report (1998 and 1999 issues). These reports were widely distributed to stakeholders for review and comment through the national consultation process. Officials at Environment Canada also consulted directly with representatives of several firearms control organizations and accident prevention specialists.

This amendment was pre-published in the Canada Gazette, Part I on July 29, 2000 for a final, 30-day period of public comment. Since pre-publication, over 275 individuals, as well as many hunting associations and conservation organizations, have written in support of Waterfowler Heritage Days. Some of the organizations who wrote in support include L'Association des Sauvagines de la grande région de Québec, Delta Waterfowl Foundation, Long Point Waterfowl and Wetlands Research Fund, Manitoba Habitat Heritage Corporation, Fondation de la Faune du Québec, and the Ontario and Nova Scotia Federations of Anglers and Hunters. The initiative is supported by the provinces of Quebec, Manitoba, PEI, New Brunswick and British Columbia, which will participate in Waterfowler Heritage Days this coming hunting season. Other provinces support the program and indicate that they may participate in future.

Approximately 35 individuals and organizations have written to express their opposition to the proposal, including the Coalition for Gun Control, Global Action Network, Canadians Against Violence, the B.C. Institute Against Family Violence, L'Association pour la santé publique du Québec, and the Canadian Paediatric Society. Some of those opposed to Waterfowler Heritage Days maintain that while access to guns by young people under the age of 18 may be acceptable in certain circumstances, it should not be encouraged by the federal government. All opposed respondents are concerned that Waterfowler Heritage Days will encourage or promote youth to use firearms, and this could lead to an increase in acts of violence and suicides. Some maintain that there is no evidence that safety training for youth is effective in promoting safety.

Waterfowler Heritage Days is not a program to encourage children to use guns. It is a mentoring program for young people who have already decided to hunt and have become qualified to hunt at all other times during the hunting season, provided they purchase a MGBHP. Waterfowler Heritage Days provides these young hunters with a special time during which only they may hunt waterfowl. Participants will not have to purchase the federal MGBHP on such a day, but must be accompanied by a licenced adult who will serve as a mentor, and who will not be allowed to hunt. Waterfowler Heritage Days will allow young hunters to have an initial experience under supervision in a controlled environment, and to receive important information from mentors about conservation, hunting ethics, and firearms safety. As young hunters must purchase a permit to hunt once the season opens for all hunters, this Regulation will be of little interest to people who are not already committed to hunting.

The regulation of age requirements for hunting should involve many considerations including patterns of adolescent behaviour, community and family traditions, effectiveness of safety training, and others. These legal standards have been established in the Firearms Act and in the relevant provincial and territorial legislation. 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 17 to hold a minor's 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.

Waterfowler Heritage Days are established under the Migratory Birds Regulations and operate within this established framework. Given this framework, this 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.

Compliance and Enforcement

Under the Migratory Birds Convention Act, 1994, 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 5 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.

Contacts

Terry Mueller
Regulatory Analyst
Program, Analysis and Coordination Division
Canadian Wildlife Service
Environment Canada
Ottawa, Ontario
K1A 0H3
Tel.: (819) 953-7306
FAX: (819) 953-6283

Kathryn Dickson
Senior Waterfowl Biologist
Migratory Birds Conservation Division
Canadian Wildlife Service
Environment Canada
Ottawa, Ontario
K1A 0H3
Tel.: (819) 997-9733
FAX: (819) 994-4445

Footnote a

S.C. 1994, c. 22

Footnote 1

C.R.C., c. 1035

Footnote 2

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).

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