Vol. 147, No. 13 — June 19, 2013

Registration

SOR/2013-126 June 7, 2013

MIGRATORY BIRDS CONVENTION ACT, 1994

Regulations Amending the Migratory Birds Regulations

P.C. 2013-667 June 6, 2013

His 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), makes the annexed Regulations Amending the Migratory Birds Regulations.

REGULATIONS AMENDING THE MIGRATORY BIRDS REGULATIONS

AMENDMENTS

1. The portion of subsection 5(12) of the Migratory Birds Regulations (see footnote 1) before paragraph (a) is replaced by the following:

(12) The permit holder referred to in paragraph (11)(b) must not, during the days referred to in subsection (11),

2. Subsection 15.1(2) of the Regulations is replaced by the following:

(2) The exceptions of woodcock, band-tailed pigeon and mourning dove set out in subsection (1) do not apply in

• (a) any area in which the use of non-toxic shot is required under Schedule I when hunting those species; and
• (b) the wildlife areas set out in Schedule I to the Wildlife Area Regulations.

3. The portion of item 2 of Table I.1 of Part I of Schedule I to the Regulations in column 2 is replaced by the following:

Item	Column 2 Ducks (Other Than Mergansers, Long-tailed Ducks, Harlequin Ducks, Eiders and Scoters)
2.	18 (b)

4. Notes (a) and (b) of Table I.1 of Part I of Schedule I to the Regulations are replaced by the following:

• (a) Not more than one may be Barrow’s Goldeneye and, during the period beginning on November 29 and ending on December 28, not more than four may be American Black Ducks.
• (b) Not more than one may be Barrow’s Goldeneye.

5. The portion of items 1 to 4 of Table II of Part I of Schedule I to the Regulations in column II is replaced by the following:

Item	Column II Ducks (Other Than Harlequin Ducks and Eiders), Geese and Snipe
1.	First Saturday in September (Waterfowler Heritage Day) to third Saturday in December
2.	First Saturday in September (Waterfowler Heritage Day) to third Saturday in December
3.	First Saturday in September (Waterfowler Heritage Day) to third Saturday in December
4.	First Saturday in September (Waterfowler Heritage Day) to third Saturday in December

6. The portion of item 2 of Table II.1 of Part I of Schedule I to the Regulations in column 2 is replaced by the following:

Item	Column 2 Ducks (Other Than Mergansers, Harlequin Ducks, Eiders and Scoters)
2.	18 (b)

7. 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 1 Area	Column 2 Ducks (other than Harlequin Ducks) and Geese	Column 3 Ducks (other than Common and Red-breasted Mergansers, Long-tailed Ducks, Harlequin Ducks, Eiders and Scoters) and Snipe	Column 4 Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters	Column 5 Geese	Column 6 Woodcock
1.	Throughout Prince Edward Island	Third Saturday of September (Waterfowler Heritage Day)	October 1 to December 31	October 1 to December 31	For a period of 14 days beginning on the day after Labour Day October 1 to December 31	Last Monday of September to second Saturday of December

8. The portion of item 1 of Table II of Part II of Schedule I to the Regulations in column 4 is replaced by the following:

Item	Column 4 Geese
1.	5 (e), (f)

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

Item	Column 2 Ducks (Other Than Common and Red-breasted Mergansers, Long-tailed Ducks, Harlequin Ducks, Eiders and Scoters)	Column 4 Geese
2.	18 (b)	16

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

• (a) Not more than one may be Barrow’s Goldeneye and, during the period beginning on December 1 and ending on December 31, not more than four may be Mallard-American Black Duck hybrids or American Black Ducks or any combination of them.
• (b) Not more than one may be Barrow’s Goldeneye.

11. Table II of Part II of Schedule I to the Regulations is amended by adding the following after note (d):

• (e) Up to three additional Canada Geese or Cackling Geese, or any combination of them, may be taken daily during the 14-day period beginning on the day after Labour Day.
• (f) Not more than three daily during the period beginning on November 15 and ending on December 31.

12. The portion of items 1 to 3 of Table I of Part III of Schedule I to the Regulations in columns 3 and 4 is replaced by the following:

Item	Column 3 Ducks (Other Than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders, Scoters, Goldeneyes and Buffleheads)	Column 4 Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders, Scoters, Goldeneyes and Buffleheads
1.	October 1 to January 7	October 1 to January 7
2.	October 8 to January 14	October 8 to January 14
3.	October 8 to January 14	October 8 to January 14

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

Item	Column 2 Ducks (Other Than Common and Red-breasted Mergansers, Long-tailed Ducks, Harlequin Ducks, Eiders and Scoters)	Column 4 Geese
2.	18 (b)	16

14. Notes (a) and (b) of Table II of Part III of Schedule I to the Regulations are replaced by the following:

• (a) Not more than one may be Barrow’s Goldeneye. In Zone No. 1, during the period beginning on December 1 and ending on January 7, and in Zone No. 2 and Zone No. 3, during the period beginning on December 8 and ending on January 14, not more than four may be American Black Ducks.
• (b) Not more than one may be Barrow’s Goldeneye.

15. Notes (e) and (f) of Table II of Part III of Schedule I to the Regulations are replaced by the following:

• (e) In Zone No. 1, up to three additional Canada Geese or Cackling Geese, or any combination of them, may be taken daily during the 15-day period beginning on the day after Labour Day.
• (f) In Zone No. 2 and Zone No. 3, up to three additional Canada Geese or Cackling Geese, or any combination of them, may be taken daily during the 21-day period beginning on the day after Labour Day.

16. The headings of columns 3 and 5 of Table I of Part IV of Schedule I to the Regulations are replaced by “Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters), Geese (other than Canada Geese and Cackling Geese) and Snipe” and “Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters”, respectively.

17. The portion of items 1 and 2 of Table I of Part IV of Schedule I to the Regulations in columns 3 and 5 is replaced by the following:

Item	Column 3 Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters), Geese (other than Canada Geese and Cackling Geese) and Snipe	Column 5 Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters
1.	October 15 to January 14	October 15 to January 4 February 1 to 24
2.	October 1 to December 31	October 1 to December 18

18. The portion of item 2 of Table II of Part IV of Schedule I to the Regulations in columns 2 and 4 is replaced by the following:

Item	Column 2 Ducks (Other Than Common and Red-breasted Mergansers, Long-tailed Ducks, Harlequin Ducks, Eiders and Scoters)	Column 4 Geese
2.	18 (b)	16

19. Notes (a) and (b) of Table II of Part IV of Schedule I to the Regulations are replaced by the following:

• (a) Not more than one may be Barrow’s Goldeneye. In Zone No. 1, during the period beginning on December 15 and ending on January 14, and in Zone No. 2, during the period beginning on December 1 and ending on December 31, not more than four may be American Black Ducks.
• (b) Not more than one may be Barrow’s Goldeneye.

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

• (e) Up to three additional Canada Geese or Cackling Geese, or any combination of them, may be taken daily during the period beginning on the day after Labour Day and ending on the Tuesday preceding the last Saturday of September.

21. The heading of column 2 of Table I of Part V of Schedule I to the Regulations is replaced by “Ducks (Other Than Harlequin Ducks), Geese, Woodcock and Snipe, as well as Coots and Gallinules in District F”.

22. The heading of column 6 of Table I of Part V of Schedule I to the English version of the Regulations is replaced by “Coots and Gallinules”.

23. The portion of item 1 of Table I of Part V of Schedule I to the Regulations in columns 3 to 5 and 7 is replaced by the following:

Item	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	Column 5 Eiders and Longtailed Ducks	Column 7 Woodcock
1.	September 1 to December 16	September 1 to December 16	September 1 to December 16	September 1 to December 16

24. The portion of item 2 of Table I of Part V of Schedule I to the Regulations in column 3 is replaced by the following:

Item	Column 3 Ducks (Other Than Eiders, Harlequin and Long-tailed Ducks), Geese (Other Than Canada Geese, Cackling Geese and Snow Geese) and Snipe
2.	For a period of 106 days beginning on the first Saturday after September 11

25. The portion of item 3 of Table I of Part V of Schedule I to the Regulations in columns 3 and 4 is replaced by the following:

Item	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
3.	For a period of 106 days beginning on the first Saturday after September 11 (c)	September 1 to the first Friday after September 10 (a) The first Saturday after September 11 to December 16

26. The portion of item 4 of Table I of Part V of Schedule I to the Regulations in columns 2 to 4 is replaced by the following:

Item	Column 2 Ducks (Other Than Harlequin Ducks), Geese, Woodcock and Snipe, as well as Coots and Gallinules in District F	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
4.	The Saturday preceding the opening of the migratory bird hunting season identified in column 3 (Waterfowler Heritage Day)	For a period of 106 days beginning on the first Saturday after September 18 (c)	September 6 to the first Friday after September 17 (a) The first Saturday after September 18 to December 21

27. Note (d) of Table I of Part V of Schedule I to the Regulations is repealed.

28. Paragraph 3(e) after Table I of Part V of Schedule I to the Regulations is replaced by the following:

• (e) Lac Saint-Pierre (Nicolet):
• This sector is located in the St. Lawrence River to the northwest of the National Defence property near the town of Nicolet, Province of Quebec. It includes the open water and marshes inside a straight line between battery #5 (46°13′30″N and 72°40′5″W) and the end of the Longue Pointe called OP-6 (46°10′15″N and 72°45′03″W) on the National Defence property, to the limit of the Nicolet Migratory Bird Sanctuary; and

29. The portion of item 1 of Table I.2 of Part V of Schedule I to the Regulations in columns 2 and 3 is replaced by the following:

Item	Column 2 Period during which Snow Geese may be killed	Column 3 Additional hunting method or equipment
1.	May 1 to June 30 September 1 to December 16	Recorded bird calls (d) Recorded bird calls (d), (f)

30. The portion of items 3 to 5 of Table I.2 of Part V of Schedule I to the Regulations in columns 2 and 3 is replaced by the following:

Item	Column 2 Period during which Snow Geese may be killed	Column 3 Additional hunting method or equipment
3.	March 1 to May 31 (a) September 1 to the first Friday after September 10 (a) The first Saturday after September 11 to the first Saturday after December 25	Recorded bird calls (d) Recorded bird calls (d), (f) Recorded bird calls (d), (f)
4.	March 1 to May 31 (a) September 1 to the first Friday after September 10 (a) The first Saturday after September 11 to the first Saturday after December 25	Recorded bird calls (d); bait (e) Recorded bird calls (d), (f); bait crop area (e) Recorded bird calls (d), (f); bait crop area (e)
5.	March 1 to May 31 (a), (b), (c) September 6 to the first Friday after September 17 (a) The first Saturday after September 18 to the first Saturday after January 1 of the following year	Recorded bird calls (d); bait (e) Recorded bird calls (d), (f); bait crop area (e) Recorded bird calls (d), (f); bait crop area (e)

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

• (b) In District F, no person shall hunt south of the St. Lawrence River and north of the road right-of-way of Route 132 between the western limit of Montmagny municipality and the eastern limit of Cap-Saint-Ignace municipality, other than in lots 4 598 472 and 2 611 981 in Montmagny municipality.

32. Note (f) of Table I.2 of Part V of Schedule I to the Regulations is replaced by the following:

• (f) Any species of migratory bird for which it is open season may be taken while hunting Snow Geese with recorded Snow Goose calls.

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

TABLE II

BAG AND POSSESSION LIMITS IN QUEBEC

Item	Column 1 Limit	Column 2 Ducks	Column 3 Geese (other than Snow Geese)	Column 4 Snow Geese	Column 5 Coots and Gallinules	Column 6 Woodcock	Column 7 Snipe
1.	Daily Bag	6 (a), (b), (f)	5 (d), (f)	20 (f)	4 (f)	8 (e), (f)	10 (f)
2.	Possession	18 (c), (f)	20 (f), (g)	no limit	12 (f)	24 (f)	30 (f)
(a) Not more than two may be American Black Ducks in the portion of District F that is south of Route 148 and west of Highway 15. (b) Not more than one may be Blue-winged Teal and not more than one may be Barrow’s Goldeneye. (c) Not more than two may be Blue-winged Teal and not more than one may be Barrow’s Goldeneye. (d) Up to five additional Canada Geese or Cackling Geese, or any combination of them, may be taken daily during the period beginning on September 1 and ending on September 25. (e) For non-residents of Canada, not more than four may be taken daily. (f) Not more than three birds may be taken or possessed during Waterfowler Heritage Days, with the additional species restrictions described in notes (a) to (c) applying within the total. (g) No limit for Canada Geese.

34. 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), Gallinules, Coots, Snipe and Geese	Column 3 Ducks (other than Harlequin Ducks), Rails (other than Yellow Rails and King Rails), Gallinules, Coots, Snipe and Geese (other than Canada Geese and Cackling Geese)	Column 4 Canada Geese and Cackling Geese	Column 5 Woodcock	Column 6 Mourning Doves
1.	Hudson-James Bay District	First Saturday of September (Waterfowler Heritage Day)	September 1 to December 16	September 1 to December 16	September 1 to December 15	No open season
2.	Northern District	First Saturday of September (Waterfowler Heritage Day)	September 10 to December 24	September 1 to December 16	September 15 to December 15	No open season
3.	Central District	Second Saturday of September (Waterfowler Heritage Day)	For a period of 106 days beginning on the third Saturday of September	For a period of 107 days beginning on the day after Labour Day	September 20 to December 20	For a period of 70 days beginning on the day after Labour Day (a)
4.	Southern District	Third Saturday of September (Waterfowler Heritage Day)	For a period of 106 days beginning on the fourth Saturday of September (b)	For a period of 11 days beginning on the first Thursday after Labour Day (c) For a period of 11 days beginning on the first Thursday after Labour Day except for any Sunday within this period (d) For a period of 96 days — 95 days if Labour Day falls on September 1 or 2 — beginning on the fourth Saturday of September (c) For a period of 106 days — 105 days if Labour Day falls on September 1 or 2 — beginning on the fourth Saturday of September except for any Sunday within this period (d) For a period of eight days beginning on the fourth Saturday of February except for any Sunday within this period (d), (e)	September 25 to December 20	For a period of 70 days beginning on the first Thursday after Labour Day (a)
(a) Non-toxic shot required. (b) In Wildlife Management Unit 65, recorded Snow Goose calls may be used when hunting Snow Geese; any species of migratory bird for which it is open season may be taken while hunting Snow Geese with those calls. (c) In municipalities where Sunday gun hunting is permitted by provincial regulations. (d) In municipalities where Sunday gun hunting is not permitted by provincial regulations. (e) Except in Wildlife Management Unit 94.

35. The portion of item 1 of Table I.1 of Part VI of Schedule I to the Regulations in column 3 is replaced by the following:

Item	Column 3 Additional hunting method or equipment
1.	Recorded bird calls (b)

36. Note (c) of Table I.1 of Part VI of Schedule I to the Regulations is repealed.

37. The portion of Table II of Part VI of Schedule I to the Regulations before the notes is replaced by the following:

TABLE II

BAG AND POSSESSION LIMITS IN ONTARIO

Item	Column 1 Limit	Column 2 Ducks (other than Harlequin Ducks)	Column 3 Canada Geese and Cackling Geese	Column 4 White-fronted Geese and Brant	Column 5 Snow Geese	Column 6 Rails (other than Yellow Rails and King Rails) and Snipe	Column 7 Gallinules	Column 8 Woodcock and Coots	Column 9 Mourning Doves
1.	Daily Bag	6 (a)	5 (c), (d), (e), (f), (g)	5	20	10	4	8	15
2.	Possession	18 (b)	no limit	15	no limit	30	12	24	45

38. Notes (a) and (b) of Table II of Part VI of Schedule I to the Regulations are replaced by the following:

• (a) Not more than one may be Barrow’s Goldeneye. In the Southern District, not more than two may be American Black Ducks, and in the Hudson-James Bay District, Northern District and Central District, not more than four may be American Black Ducks.
• (b) Not more than one may Barrow’s Goldeneye. In the Southern District, not more than six may be American Black Ducks, and in the Hudson-James Bay District, Northern District and Central District, not more than twelve may be American Black Ducks.

39. Notes (f) and (g) of Table II of Part VI of Schedule I to the Regulations are replaced by the following:

• (f) Up to five additional Canada Geese or Cackling Geese, or any combination of them, may be taken daily in
  • (i) Wildlife Management Units 36 and 45 during the period beginning on September 1 and ending on September 9,
  • (ii) Wildlife Management Units 42 to 44 and 46 to 59 during the period beginning on the day after Labour Day and ending on the Friday preceding the third Saturday in September,
  • (iii) Wildlife Management Units 60 to 81, 83, 86 to 92 and 95 during the 11-day period beginning on the first Thursday after Labour Day, and
  • (iv) Wildlife Management Units 60 to 81, 83 and 86 to 92 during the eight-day period beginning on the fourth Saturday in February, in municipalities where Sunday gun hunting is not permitted.
• (g) Up to three additional Canada Geese or Cackling Geese, or any combination of them, may be taken daily in
  • (i) Wildlife Management Units 82, 84, 85, 93 and 94 during the 11-day period beginning on the first Thursday after Labour Day, and
  • (ii) Wildlife Management Units 82, 84, 85 and 93 during the eight-day period beginning on the fourth Saturday in February in municipalities where Sunday gun hunting is not permitted.

40. The headings of columns 2, 4, 5 and 7 of Table I of Part VII of Schedule I to the Regulations are replaced by “Ducks, Geese, Coots, Snipe and Sandhill Cranes”, “Ducks, Canada Geese, Cackling Geese, White-fronted Geese, Brant, Coots and Snipe NON-RESIDENTS OF CANADA”, “Sandhill Cranes” and “American Woodcock”, respectively.

41. The portion of items 1 to 4 of Table I of Part VII of Schedule I to the Regulations in columns 2 to 4 is replaced by the following:

Item	Column 2 Ducks, Geese, Coots, Snipe and Sandhill Cranes	Column 3 Ducks, Geese, Coots and Snipe RESIDENTS OF CANADA	Column 4 Ducks, Canada Geese, Cackling Geese, White-fronted Geese, Brant, Coots and Snipe NON-RESIDENTS OF CANADA
1.	September 1 to September 7 (Waterfowler Heritage Days) (a)	September 1 to October 31 (a)	September 1 to October 31
2.	September 1 to September 7 (Waterfowler Heritage Days) (a)	September 1 to November 30 (a)	September 8 to November 30
3.	September 1 to September 7 (Waterfowler Heritage Days) (a)	September 1 to November 30 (a)	September 24 to November 30
4.	September 1 to September 7 (Waterfowler Heritage Days) (a)	September 1 to November 30 (a)	September 24 to November 30

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

• (a) Recorded Snow Goose calls may be used when hunting Snow Geese; any species of migratory birds for which it is open season may be taken while hunting Snow Geese with those calls.

43. The portion of items 2 to 4 of Table I.2 of Part VII of Schedule I to the Regulations in column 2 is replaced by the following:

Item	Column 2 Period during which Snow Geese may be killed
2.	March 15 to May 31
3.	March 15 to May 31
4.	March 15 to May 31

44. Section 2 after Table I.2 of Part VII of Schedule I to the Regulations is replaced by the following:

2. In this Part, the open season for non-residents of Canada in Game Bird Hunting Zone 4 and in provincial Game Hunting Areas 13A, 14 and 14A, that portion of Area 16 south of the north limit of Township 33 and Areas 18, 18A, 18B, 18C, 19, 19A, 19B, 20, 21A, 23A and 25, as described in the Hunting Areas and Zones Regulation, 220/86, of the Province of Manitoba, made under the Wildlife Act (C.C.S.M., c. W130), includes,

• (a) in respect of Canada Geese, Cackling Geese, White-fronted Geese and Brant, only that part of each day from one-half hour before sunrise to 12:00 noon, local time, from the opening date up to and including the second Sunday of October, and, after that period, from one-half hour before sunrise until one-half hour after sunset; and
• (b) in respect of Snow Geese and Ross’s Geese, only that part of each day from one-half hour before sunrise until one-half hour after sunset.

45. The headings of columns 4 to 6 of Table II of Part VII of Schedule I to the Regulations are replaced by “Snow Geese and Ross’s Geese”, “Canada Geese, Cackling Geese, White-fronted Geese and Brant RESIDENTS OF CANADA” and “Canada Geese, Cackling Geese, White-fronted Geese and Brant NON-RESIDENTS OF CANADA”, respectively.

46. The portion of item 1 of Table II of Part VII of Schedule I to the Regulations in column 5 is replaced by the following:

Item	Column 5 Canada Geese, Cackling Geese, White-fronted Geese and Brant RESIDENTS OF CANADA
1.	8 (c)

47. Notes (a) and (b) of Table II of Part VII of Schedule I to the Regulations are replaced by the following:

• (a) In Game Bird Hunting Zone 4, not more than four may be Redheads or Canvasbacks or any combination of them.
• (b) In Game Bird Hunting Zone 4, not more than 12 may be Redheads or Canvasbacks or any combination of them.
• (c) In provincial Game Hunting Area 38, as described in the Hunting Areas and Zones Regulation, 220/86, of the Province of Manitoba, made under the Wildlife Act (C.C.S.M., c. W130), up to four additional Canada Geese, Cackling Geese, White-fronted Geese or Brant, or any combination of them, may be taken daily during the period beginning on September 1 and ending on September 23.

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

TABLE I

OPEN SEASONS IN SASKATCHEWAN

Item	Column 1 District	Column 2 Ducks, Geese, Coots, Snipe and Sandhill Cranes	Column 3 Ducks, Coots and Snipe	Column 4 Geese RESIDENTS OF CANADA	Column 5 Snow Geese and Ross’s Geese NON-RESIDENTS OF CANADA	Column 6 Canada Geese, Cackling Geese and White-fronted Geese NON-RESIDENTS OF CANADA	Column 7 Sandhill Cranes
1.	No. 1 (North)	Saturday, Sunday and Monday of Labour Day weekend, excluding any day in August, and of Thanksgiving weekend (Waterfowler Heritage Days) (b)	September 1 to December 16	September 1 to December 16 (b)	September 1 to December 16 (b)	September 1 to December 16	September 1 to December 16
2.	No. 2 (South)	Saturday, Sunday and Monday of Labour Day weekend, excluding any day in August, and of Thanksgiving weekend (Waterfowler Heritage Days) (b), (c)	September 1 to December 16 (a)	September 1 to December 16 (b)	September 1 to December 16 (b)	September 10 to December 16	September 1 to December 16 (c)

49. Note (a) of Table I of Part VIII of Schedule I to the French version of the Regulations is replaced by the following:

• (a) Saison de fauconnerie du 1^er septembre au 16 décembre.

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

• (b) Recorded Snow Goose calls may be used when hunting Snow Geese; any species of migratory bird for which it is open season may be taken while hunting Snow Geese with those calls.

51. The headings of columns 3 and 4 of Table II of Part VIII of Schedule I to the Regulations are replaced by “Snow Geese and Ross’s Geese” and “Canada Geese, Cackling Geese and White-fronted Geese”, respectively.

52. Table I of Part IX of Schedule I to the Regulations is replaced by the following:

TABLE I

OPEN SEASONS IN ALBERTA

Item	Column 1 Area	Column 2 Ducks, Geese, Coots and Snipe	Column 3 Ducks, Coots and Snipe	Column 4 Snow Geese and Ross’s Geese	Column 5 Canada Geese, Cackling Geese and White-fronted Geese
1.	Zone No. 1	First weekend in September (Waterfowler Heritage Days) (a)	September 1 to December 16 (b)	September 1 to December 16 (a)	September 1 to December 16
2.	Zone No. 2	First weekend in September (Waterfowler Heritage Days) (a)	September 1 to December 16 (b)	September 1 to December 16 (a)	September 1 to December 16
3.	Zone No. 3	First weekend in September (Waterfowler Heritage Days) (a)	September 1 to December 16 (b)	September 1 to December 16 (a)	September 1 to December 16
4.	Zone No. 4	First weekend in September (Waterfowler Heritage Days) (a)	September 1 to December 16 (b)	September 1 to December 16 (a)	September 1 to December 16
5.	Zone No. 5	First weekend in September (Waterfowler Heritage Days) (a)	September 8 to December 21 (c)	September 8 to December 21 (a)	September 8 to December 21
6.	Zone No. 6	First weekend in September (Waterfowler Heritage Days) (a)	September 8 to December 21 (c)	September 8 to December 21 (a)	September 8 to December 21
7.	Zone No. 7	First weekend in September (Waterfowler Heritage Days) (a)	September 8 to December 21 (c)	September 8 to December 21 (a)	September 8 to December 21
8.	Zone No. 8	First weekend in September (Waterfowler Heritage Days) (a)	September 1 to December 16 (b)	September 1 to December 16 (a)	September 1 to December 16
(a) Recorded Snow Goose calls may be used when hunting Snow Geese; any species of migratory bird for which it is open season may be taken while hunting Snow Geese with those calls. (b) Falconry season open from September 1 to December 16. (c) Falconry season open from September 8 to December 21.

53. The headings of columns 3 and 4 of Table II of Part IX of Schedule I to the Regulations are replaced by “Snow Geese and Ross’s Geese” and “Canada Geese, Cackling Geese and White-fronted Geese”, respectively.

54. Notes (a) and (b) of Table II of Part IX of Schedule I to the Regulations are replaced by the following:

• (a) Not more than four may be Northern Pintails. For non-residents of Canada, not more than two may be Barrow’s Goldeneye or Common Goldeneye or any combination of them.
• (b) Not more than 12 may be Northern Pintails. For non-residents of Canada, not more than six may be Barrow’s Goldeneye or Common Goldeneye or any combination of them.

COMING INTO FORCE

55. 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.)

1. Issue

Environment Canada is responsible for implementing the Migratory Birds Convention Act, 1994 which provides for the protection and conservation of migratory birds. Section 12 of the Migratory Birds Convention Act, 1994 provides the authority to enact specific regulations such as the Migratory Birds Regulations. Schedule I of the Migratory Birds Regulations is reviewed and amended annually by Environment Canada, with input from the provinces and territories. The purpose of these amendments to Schedule I of the Migratory Birds Regulations is to change hunting season dates, set daily bag limits and possession limits as well as make other related modifications for certain species of migratory game birds for the 2013–2014 hunting season. These amendments will ensure the sustainable harvest of migratory game bird populations.

2. Background

Most migratory birds found in Canada are protected under the Migratory Birds Convention Act, 1994. In 1916, the United Kingdom, on behalf of Canada, and the United States signed the Migratory Birds Convention, which is implemented in Canada by the Migratory Birds Convention Act, 1994. The Government of Canada has the authority to pass and enforce regulations to protect and conserve those species of migratory birds that are included in the Convention.

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. 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 travelling to and from their breeding grounds through the establishment of annual hunting season dates, daily bag limits and possession limits.

The hunting of migratory game birds is restricted to a period, in each province or territory, not exceeding three and a half months, commencing no earlier than mid-August (and, in most cases, beginning September 1) and ending no later than March 10 of the following year. Within these limits, seasons are shortened to protect populations in geographic areas where there is concern over declining numbers. In other areas, 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. The regulations vary across districts or zones within each province or territory. Information regarding the geographic location of the districts or zones can be found in the regulation summary for each province or territory, posted on the Environment Canada (EC) Web site at www.ec.gc.ca/rcom-mbhr/default.asp?lang=En&n=8FAC341C-1. The districts or zones are based on the geographical units the provinces and territories use to manage wildlife. Information on the provincial management units is available from the provincial or territorial governments.

Individual hunters play an important role in the management of migratory game birds. Hunters provide information about their hunting practices, 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-in 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.

3. Objectives

Hunting of migratory birds is one of many outdoor activities that depend on healthy habitat and species populations. Environment Canada’s Migratory Birds Regulations ensure these birds remain abundant in their natural habitats by setting annual hunting seasons and bag limits for each species. The objective of the amendments to Schedule I of the Migratory Birds Regulations is to ensure the sustainable harvest of migratory game bird populations.

4. Description

Every year, population data describing the status of migratory game birds in Canada is gathered by Environment Canada’s Canadian Wildlife Service, published in the Migratory Birds Regulatory Reports Series (see footnote 2) and used to develop amendments to the Migratory Birds Regulations in consultation with the provinces and territories, other countries such as the United States and Mexico, and a range of interested stakeholders including hunters, Aboriginal groups and conservation groups. This year’s amendments are as follows:

Special conservation measures for overabundant Snow Geese

Snow Goose populations have increased to the point where they have been designated as overabundant. Comprehensive reports entitled Arctic Ecosystems in Peril — Report of the Arctic Goose Habitat Working Group (see footnote 3) and The Greater Snow Goose — Report of the Arctic Goose Habitat Working Group (see footnote 4) demonstrate that the geese, increasing at a minimum rate of 5% per annum, are causing significant crop damage and negatively affecting staging and Arctic breeding habitats. The damage to the plant communities at the Arctic staging and breeding areas becomes an important conservation issue when the rapid growth and increasing abundance of Snow Geese affect the habitats on which they, and other species, depend. In an effort to reverse population growth of Snow Geese, an amendment made to the Migratory Birds Regulations in 1999 created special conservation measures to protect other species’ habitat against the overabundance of Snow Geese. Those measures were put in place first in Quebec and Manitoba in 1999. The special measures were designed to increase the harvest of geese by hunters by allowing additional hunting methods, liberalizing daily bag and possession limits and offering a spring conservation season, where hunters were encouraged to take overabundant species for conservation reasons. These special conservation measures were extended to Saskatchewan and Nunavut in 2001 and to south-eastern Ontario in 2012.

Evaluation of the effectiveness of the special conservation measures has shown that their success to date has been mixed. In the case of Greater Snow Geese, the growth of the population has been stopped, but special measures have not succeeded in reducing the size of the population, which appears to have stabilized at around one million birds. Conservation models have shown that without the special take by hunters in spring, the population would begin to grow rapidly once more. (see footnote 5)

For mid-continent Lesser Snow Geese, the evaluation concluded that the population has continued to grow, although perhaps at a reduced rate. (see footnote 6) It also concluded that while the annual harvest increased as a result of the conservation measures, it failed to reduce the size of the population. It was apparent that measures invoked to date have not been successful and that other measures would be required if population control were deemed essential. It is therefore recommended that special conservation measures be maintained, and that additional measures to increase harvest be sought.

Removal of possession limit for Snow Geese in Quebec and Ontario

These amendments abolish the possession limit, which was previously set at 60, for Snow Geese in both Quebec and Ontario. Removing the possession limit constitutes a special conservation measure for overabundant Snow Geese.

Removing restriction on decoy types used with recorded Snow Goose calls in Quebec and Ontario

These amendments eliminate the requirement to use only blue or white phase Snow Goose decoys when using recorded Snow Goose calls. Decoy restrictions were implemented due to concern regarding the potential vulnerability of Canada Geese to electronic Snow Goose recordings. Snow Goose call recordings were permitted, but, if used with decoys, only decoys representing white or blue phase Snow Geese, or any combination of them, were permitted. However, research (see footnote 7) has since shown that Canada Geese are less vulnerable to electronic recordings of Snow Geese than to traditional hunting methods. Removal of this restriction will allow hunters to target both Canada and Snow Geese during the same hunt in fall (Canada Geese may not be hunted in spring), which would provide additional opportunity to manage overabundant Snow Geese through hunting. Therefore, these amendments lift the restrictions regarding the types of decoys used when using call recordings for Snow Geese in all hunting districts in Quebec and in Wildlife Management Unit (WMU) 65 in Eastern Ontario (the only WMU where the special conservation measures apply). These restrictions were lifted in the Prairie Provinces (Manitoba, Saskatchewan and Alberta) in 2012.

Increasing opportunity to harvest Snow Geese in Quebec

This amendment excludes an area of agricultural fields from the spring no-hunting zone near Montmagny. This increases the area accessible to hunters in which Snow Geese may be harvested in spring, and thus provides an additional opportunity to manage overabundant Snow Geese.

Extending the special conservation season in Manitoba

This amendment extends the spring special conservation season for overabundant Snow Geese by 17 days (previously opened on April 1 and will now open on March 15) in Game Bird Hunting Zones 2, 3 and 4 in Manitoba. This measure would provide additional opportunity to manage this overabundant species and contribute to reducing the growth of the population through hunting, particularly in early spring.

Removal of afternoon hunting restriction by non-residents of Canada in Manitoba

This amendment removes, in certain areas, the afternoon restriction for non-residents who were not permitted to hunt Snow and Ross’s Geese after 12:00 noon. The restriction is lifted in Game Bird Hunting Zone 4 and Game Hunting Areas 13A, 14, 14A, part of 16, 18, 18A-C, 19, 19A, 19B, 20, 21A, 23A and 25, from September 24 to the second Sunday in October. This measure provides additional opportunity to manage overabundant Snow Geese, and contributes to reducing the growth of the population, through hunting.

Waterfowler Heritage Days

Waterfowler Heritage Days provide young hunters under the age of majority with an opportunity to practise hunting and outdoor skills, learn about wildlife conservation and reinforce safety training in a structured, supervised environment. They are currently in effect in the provinces of Newfoundland and Labrador, Prince Edward Island, Nova Scotia, New Brunswick, Quebec, Ontario, Manitoba, British Columbia and Alberta.

Extending the Waterfowler Heritage Day to all hunting zones in Labrador

This amendment institutes a Waterfowler Heritage Day across Labrador. It extends the Waterfowler Heritage Days currently in effect in the Southern Labrador Zone, to all remaining Labrador zones (Northern, Western and Central).

Extending the Waterfowler Heritage Days throughout Manitoba

Manitoba does not currently have a province-wide youth-focused initiative promoting the heritage of waterfowl hunting. This amendment extends the Waterfowler Heritage Days, currently in effect in Game Bird Hunting Zones 2, 3 and 4, to the remaining Game Bird Hunting Zone in Manitoba (Game Bird Hunting Zone 1).

Introducing Waterfowler Heritage Days in Saskatchewan

This amendment introduces Waterfowler Heritage Days in Saskatchewan, in both districts in the province (No. 1 North and No. 2 South). Waterfowler Heritage Days will occur twice during the hunting season. The first will be over the Labour Day weekend, and the second will be over the Thanksgiving weekend.

American Black Duck harvest strategy

An international Black Duck harvest strategy was adopted in July 2012 by the Canadian Wildlife Service and the U.S. Fish and Wildlife Service. The objectives of the strategy, based on the principles of adaptive harvest management are to

• Maintain a Black Duck population that provides consumptive and non-consumptive use commensurate with habitat carrying capacity;
• Maintain societal values associated with the hunting tradition; and
• Maintain equitable access to the Black Duck resource.

The strategy is designed to identify appropriate harvest levels in Canada and the United States based on population levels of Black Ducks. There is an overall harvest level that is sustainable and Canada has negotiated a larger share, therefore allowing for additional harvest opportunity for American Black Ducks in Canada for the 2013–2014 hunting season.

Implementation of the American Black Duck harvest strategy in Newfoundland and Labrador, Prince Edward Island, Nova Scotia and New Brunswick

These amendments increase the daily bag limit for American Black Ducks for the first part of the hunting season in Newfoundland and Labrador, Prince Edward Island, Nova Scotia and New Brunswick. The bag limit increases from four to six in Newfoundland and Labrador, Prince Edward Island and Nova Scotia, and increases from three to six in New Brunswick. Due to an increase in harvest susceptibility later in the season, the restriction of four Black Ducks allowed in the daily bag will be maintained for the last segment of the season in each of the Atlantic Provinces.

Implementation of the American Black Duck harvest strategy in Quebec

The amendments allow for additional harvest opportunity for American Black Ducks in Quebec for the 2013–2014 hunting season. The daily bag limit will increase from 4 to 6, and the possession limit will be set at 18 (up from 8). These amendments will be in place in all hunting districts in Quebec, except for a district bordering Ontario. The excluded zone includes all of the area south of Route 148 and west of the Highway 15, where the daily bag limit remains fixed at 2. This harmonizes the regulations in Quebec with those in Ontario.

Implementation of the American Black Duck harvest strategy in Ontario

The amendments allow for additional harvest opportunity for American Black Ducks in Ontario for the 2013–2014 hunting season. The shortened season restrictions for American Black Ducks have been lifted so that there is a 107-day hunting season, which is the maximum number allowed, in all hunting districts. The amendments establish a daily bag limit of four Black Ducks in the Hudson-James Bay, northern and central hunting districts (increase from two to four) and a daily bag limit of two Black Ducks in the southern hunting district (increase from one to two). Opening and closing dates are the same as for other duck species in Ontario.

Canada Geese

Temperate-breeding Canada Geese have increased substantially since the 1970s and have caused a variety of conflicts with humans. (see footnote 8) Canada Geese damage grass and other plants and compress or erode soil in urban parks, golf courses and other green spaces. Goose droppings foul footpaths, docks, beaches and private lawns and may contribute to contamination of nearby water with parasites and coliform bacteria. In agricultural lands, they can cause serious damage to crops. Increasing the harvest of Canada Geese is expected to contribute to reducing conflicts with humans.

Establishment of an early hunting season in Prince Edward Island

This amendment establishes an early Canada Goose season in September, from the Tuesday following Labour Day and continues for 14 consecutive days. This early season occurs before most migrant geese arrive on Prince Edward Island and so will increase the harvest pressure on locally breeding geese, a stock of geese that continues to experience an increase in population size. Three additional geese can be taken daily during this early season, and the possession limit would remain fixed at 16.

Extension of the regular hunting season in Prince Edward Island

In Prince Edward Island, this amendment extends the Canada Goose hunting season to allow additional harvest opportunities. In 2013, the end date to hunt geese is extended to December 31, adding 17 days to the regular season. This will allow hunters to take advantage of additional days afield, while appropriately managing the migrant Canada Geese. Bag limits during the October through December portion of the goose season are five geese daily until November 14, and then the bag limit is reduced to three geese daily for the remainder of the season.

Fixed possession limit in Nova Scotia and New Brunswick

This amendment fixes the possession limit for Canada Geese at 16 for the duration of the open season for Canada Geese in Nova Scotia and New Brunswick. Previously, up to 6 additional Canada Geese could be possessed, for a total of 16, only until the end of September.

Removal of possession limit in Quebec and Ontario

In Quebec, this amendment removes the possession limit, which was previously set at 20, for Canada Geese. In Ontario, it removes the possession limit for Canada and Cackling Geese, which was previously set at 30. This measure is intended to increase opportunities for hunters who might otherwise be forced to stop hunting, or to gift their birds in order to continue hunting, while maintaining good use of harvested birds. This change is intended to increase the harvest of temperate-breeding Canada Geese, a species for which the population is increasing as are the conflicts with humans.

Removal of restrictions on the daily bag limit in Ontario

In Ontario, this amendment increases the daily bag limit for Canada and Cackling Geese from 8 to 10 birds during the early and late seasons in provincial Wildlife Management Units (WMUs) 83 and 86. This change harmonizes Canada Goose hunting regulations in these WMUs with the majority of other WMUs in the southern hunting district and is intended to increase the harvest of temperate-breeding Canada Geese.

Increase in daily bag limit in Manitoba

This amendment increases the daily bag limit for Canada, Cackling, White-fronted and Brant Geese from 8 to 12 from September 1 to 23 in Game Hunting Area 38. From September 24 to November 30, the daily bag limit reverts to 8. Temperate-breeding Canada Geese continue to undergo rapid population growth throughout southern Manitoba, particularly in Winnipeg. A relatively small window of opportunity exists for a targeted harvest of the temperate-breeding geese prior to the arrival of arctic nesting geese. Implementing a higher daily bag limit during this time will maximize the opportunity to harvest geese that nest in and around Winnipeg.

Possession limits for some duck species

The possession limit for some migratory birds will be increased from two to three times the daily bag limit in Newfoundland and Labrador, Prince Edward Island, New Brunswick and Nova Scotia. Possession limit liberalizations were instituted in Alberta, Saskatchewan, Manitoba and Ontario in 2010, in Quebec in 2011, and in British Columbia in 2012.

Increased possession limit in Newfoundland and Labrador

The amendment increases the possession limit from two to three times the daily bag limit, and applies to ducks (other than Mergansers, Long-tailed Ducks, Harlequin Ducks, Eiders and Scoters).

Increased possession limit in Prince Edward Island and New Brunswick

The amendment increases the possession limit from two to three times the daily bag limit, and applies to ducks (other than Common and Red-breasted Mergansers, Long-tailed Ducks, Harlequin Ducks, Eiders and Scoters).

Increased possession limit in Nova Scotia

The amendment increases the possession limit from two to three times the daily bag limit, and applies to ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters, Goldeneyes and Buffleheads).

Harmonization of season dates and increase in season length

The harmonization of season dates helps to reduce complexity in the regulations, and may therefore increase compliance. These changes will not have an impact on conservation.

Labrador

This amendment implements consistent opening dates for ducks (other than Harlequin Ducks and Eiders), geese and snipe across Labrador and extends the season by one week (total of 106 days). The opening date will be the first Saturday in September and the closing date is the third Saturday in December for all Labrador zones. Similar measures will also be implemented in Prince Edward Island, Nova Scotia and New Brunswick.

Prince Edward Island

This amendment increases the season length for ducks (other than Common and Red-breasted Mergansers, Long-tailed Ducks, Harlequin Ducks, Eiders and Scoters) and snipe by 23 days in 2013. The duck season opens October 1 and closes December 31.

The season opening date for Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters is set at October 1. Previously, the opening date was the first Monday in October. This amendment harmonizes the season opening date with the season for the other duck species, and it will extend the season by one day in 2013.

Nova Scotia

These amendments extend the season length for ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders, Scoters, Goldeneyes and Buffleheads) by 7 days in Zone 1, and by 13 days in Zones 2 and 3. The season for Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders, Scoters, Goldeneyes and Buffleheads is extended by 7 days in Zones 2 and 3. This season is reduced by 1 day in Zones 2 and 3. The season dates for ducks (other than Harlequin Ducks), as well as the season for Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders, Scoters, Goldeneyes and Buffleheads have been harmonized across the same zones in Nova Scotia.

New Brunswick

This amendment increases the season length for ducks (other than Harlequin Ducks, common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters), geese (other than Canada Geese and Cackling Geese) and snipe during the regular season. In Zone 1, the season is extended by 10 days (October 15–January 14), and in Zone 2 it is extended by 13 days.

Quebec

This amendment increases the number of open season days for most migratory game bird species to 107, the maximum number allowed under the Migratory Birds Convention Act, 1994 (including Waterfowler Heritage Days). This change will apply to all Hunting Districts in Quebec, except for District G. In District A, it prolongs all of the open seasons by 5 days. In District B, C, D and E, the season for ducks (other than Eiders, Harlequin and Long-tailed Ducks), geese (other than Canada and Cackling and Snow Geese) and snipe is prolonged by 2 days and by 10 days in District F. This measure will provide hunters with new opportunities to hunt at the end of the hunting season, without significantly increasing the number of harvested migratory birds.

Manitoba

This amendment makes the opening date earlier, and thus extends the season, in Game Bird Hunting Zones (GBHZs) 2, 3, and 4 (from September 8 to September 1) for residents of Canada. This change creates consistency in opening dates for migratory game birds in Manitoba and across the Prairie Provinces, and will provide more opportunity for hunters to experience waterfowl hunting during mild weather.

Mourning Doves

Establishing a hunting season in Ontario

This amendment introduces a new hunting season for Mourning Doves in the Central and Southern Hunting Districts in Ontario. The season is for 70 days, and begins the day after Labour Day in the Central District and the first Thursday after Labour Day in the Southern District. The Mourning Dove season follows the season length and daily bag limit (15) as prescribed in the U.S. Eastern Management Unit for doves. The possession limit is set at 3 times the daily bag limit (45), as it is for other game bird species in Ontario. A Mourning Dove hunting season has been in place in British Columbia since 1960. There are open seasons of Mourning Doves in the majority of U.S. states, and doves from Canada are harvested in many of those states during migration. A 2011 report completed by the Canadian Wildlife Service — Ontario Region evaluated the breeding population status and harvest potential of Mourning Doves. As a result of this study, it was determined that Mourning Doves can be hunted sustainably in Ontario. Several large, long-term data sets and review of recent studies were used to evaluate Mourning Dove population status and trends and Mourning Dove harvest potential. The Ontario breeding population of Mourning Doves has increased substantially in both numbers and distribution since the mid- to late 1960s and there are now approximately 1.2–1.3 million breeding Mourning Doves in Ontario. The fall flight, after the breeding season, is estimated at up to 3.7 million doves. Based on harvest information from U.S. states where Mourning Doves are hunted and Ontario migratory game bird hunting permit sales, it is estimated that Ontario hunters would harvest between 14 000 and 20 000 doves annually. This level of harvest, less than 1% of the fall flight, would have little to no impact on the population, and therefore would not pose any conservation concerns. Mourning Doves are currently hunted in British Columbia and in the majority of U.S. states and band recovery data shows that Mourning Doves breeding and produced in Ontario have been subjected to harvest in the eastern U.S. during the fall migration for decades.

This amendment also implements a non-toxic shot requirement to hunt Mourning Doves in Ontario.

Geographic coordinates of no-hunting zones in Quebec

This amendment modifies the geographic coordinates of the Nicolet no-hunting zone. This measure is intended to correct an error in the Regulations.

Updating species names to current nomenclature

This amendment changes the name of Moorhen to Gallinule. This change is based on a recent decision by the American Ornithologists’ Union. There are open seasons for this species in Quebec and Ontario.

Establishing restrictions in Alberta on daily bag and possessionlimits for non-residents of Canada for Barrow’s and CommonGoldeneye

This amendment reduces the bag limit for Barrow’s and Common Goldeneye from 8 to 2 per day, and reduces the possession limit from 24 to 6, for non-residents of Canada who are hunting in Alberta. A small sub-set of lakes within Alberta are of high importance to the Western (intermountain) population of Barrow’s Goldeneye. Concentrations of up to 10% of this population of Barrow’s Goldeneye may occur within a restricted area making the population vulnerable to excessive harvest. It can be difficult to distinguish between Barrow’s and Common Goldeneye; establishing restrictions on both species for non-residents of Canada will reduce the risk of unsustainable harvest of Barrow’s Goldeneye. This amendment is not expected to have an impact on hunting tourism, as outfitters in the area focus on providing guided goose hunts. Consultations have been conducted with the province and the Alberta Game Management Advisory Group. There is general support for this regulation change.

5. “One-for-One” Rule

The Government of Canada has committed to reducing the regulatory burden to Canadian businesses by implementing a “One-for-One” Rule. When amending an existing regulation, the “One-for-One” Rule requires regulators to offset, from their existing regulations, an equal amount of administrative burden on business as the regulatory amendments add. These regulatory amendments do not add any incremental administrative costs to Canadian businesses, as they do not impose any new obligations or requirements. They simply adjust the daily bag and possession limits and hunting season dates.

6. Small business lens

The amendments to Schedule 1 of the Migratory Birds Regulations apply to individual hunters, not to businesses, as they simply set out the daily bag and possession limits as well as hunting season dates for migratory game birds. Therefore, there are no compliance costs, nor any administrative costs for small businesses as a result of these amendments. The amendments do not impose any obligations or requirements on small businesses. Moreover, it was further established during the extensive consultation process that there are no anticipated effects of these amendments on small businesses.

7. Consultation

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 2013–14 season began in November 2012 when biological information on the status of all migratory game bird populations was presented for discussion in the annual report Population Status of Migratory Game Birds in Canada — November 2012.

Biologists from Environment Canada’s Canadian Wildlife Service met with their provincial and territorial counterparts in technical committees in the fall of 2012 to discuss new information on the status of migratory game bird populations and, where necessary, to prepare proposals for regulatory changes. The work of the technical committees, who also considered information received from migratory game bird hunters and non-government organizations, led to the development of these specific regulatory amendments. Based on the discussions, regulatory proposals were developed by the Canadian Wildlife Service in collaboration with the provinces and territories. The proposals were described in detail in the report Proposals to amend the Canadian Migratory Birds Regulations — December 2012. These two consultation documents are available at www.ec.gc.ca/rcom-mbhr/default.asp?lang=En&n=0EA37FB2-1.

As well as being posted on the Internet, the reports were distributed directly to federal biologists in Canada, the United States, Mexico, 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, the Canadian Nature Federation, the World Wildlife Fund, the Nature Conservancy of Canada, Ducks Unlimited and the Delta Waterfowl Research Station.

A Notice of Intent was published in the Canada Gazette, Part I, on January 26, 2013, indicating that Environment Canada was proposing to modify the Migratory Birds Regulations in accordance with the proposals outlined in the report Proposals to Amend the Canadian Migratory Birds Regulations — December 2012. The public comment period was held from February 20 to March 22, 2013.

Many comments were received through the consultation period. Overall, provincial governments as well as hunter associations and individual hunters were supportive of the amendments to the Migratory Bird Regulations for the 2013–14 season.

Several letters and emails were received in the Atlantic Provinces expressing support for all of the proposals, especially those regarding the liberalization of the Black Duck harvest. However, several hunters on Prince Edward Island were concerned about the potential vulnerability of locally wintering Black Ducks during January when their distribution may be restricted to a few areas of open water. Hunters also suggested that there may be some difficulty in retrieving ducks during this period. In New Brunswick, some hunters expressed similar concerns about vulnerability of ducks due to ice, and were unconvinced that current population levels could sustain the more liberal harvest afforded by the January season. In response to these concerns, EC has reduced the season length for Black Duck from the original proposal. Thus, the January portion of the season in the original proposal was removed for Prince Edward Island as well as in Zone 2 in New Brunswick. The open season for ducks in Nova Scotia was reduced by one week to achieve some degree of alignment with the seasons in Prince Edward Island and New Brunswick. Environment Canada held consultation sessions in Prince Edward Island, Nova Scotia and New Brunswick regarding the updated recommendations for Black Duck, and the majority of stakeholders supported the changes.

All proposals for Quebec were supported by the province, the Fédération québécoise des chasseurs et des pêcheurs, the Association des sauvaginiers de la grande région de Québec, other hunters associations and individual hunters. However, one comment expressed concern regarding the proposal to increase the daily bag limit for Black Duck in Quebec. The amendment, as originally recommended is being maintained. The Black Duck harvest in Eastern Canada under a liberalized regime as prescribed under the International Black Duck Harvest Strategy adopted by Canada and the United States would not exceed a sustainable level and would not jeopardize the conservation of the species.

Proposals for Ontario, including the proposal for the establishment of a hunting season for Mourning Dove, were supported and welcomed by the province, the Ontario Federation of Anglers and Hunters as well as individual hunters. Many letters of support were received.

Proposals for Saskatchewan and Manitoba were supported at a provincial level by the provincial governments and the following stakeholder groups respectively: Saskatchewan Wildlife Advisory Committee; Saskatchewan Outfitters Association; Manitoba Wildlife Federation; Manitoba Lodges and Outfitters Association; and individual hunters. More specifically, several letters and emails were received from hunters in support of the introduction of Waterfowler Heritage Days in Saskatchewan.

Comments were also received regarding the proposal to establish a Sandhill Crane hunting season in Alberta. While EC and the province of Alberta primarily received support for a Sandhill Crane hunting season, some stakeholder concerns were raised about the possible impact on the population and about perceived risks of misidentification in taking Whooping Cranes while hunting Sandhill Cranes. The Province of Alberta informed Environment Canada that it would prefer to conduct further consultations with stakeholders regarding the proposal to introduce a Sandhill Crane hunting season. Consequently, Environment Canada will not proceed with Sandhill Crane hunting in Alberta for the 2013–14 season.

8. Rationale

These proposed amendments to Schedule I of the Migratory Bird Regulations are anticipated to ensure the sustainable harvest of migratory game bird populations. The control of hunting season dates and the number of migratory game birds that may be taken and possessed during those dates helps to ensure migratory game bird populations are maintained. These conservation measures are necessary to meet Canada’s international obligations under the Migratory Birds Convention. They also address Canada’s obligations under the Convention on Biological Diversity to ensure that species are not jeopardized by over-hunting. The current set of recommended amendments represents the broad support reached on the proposals outlined in the December 2012 report, entitled Proposals to Amend the Canadian Migratory Birds Regulations. The bag and possession limits set out in Schedule I of the Migratory Bird Regulations are evaluated each year, based on annual population monitoring. Biologists from Environment Canada’s Canadian Wildlife Service met with their provincial and territorial counterparts in technical committees in November 2012 to discuss new information on the status of migratory game bird populations and, where necessary, to revise the proposals for regulatory changes. The work of the technical committees, as well as information received from migratory game bird hunters and non-governmental organizations, led to the development of these specific regulatory amendments.

Anticipated benefits and costs

These amendments also help to ensure that a sustained yield of direct and indirect economic benefits will continue to accrue to Canadians at a very low 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. Of that total, about $94.4 million is attributed solely to the value associated with the 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. This work benefits non-game species as well.

9. Implementation, enforcement and service standards

Environment Canada has developed a compliance strategy and promotion plan for the amendments to Schedule I of the Migratory Birds Regulations. Compliance with the amendments will be promoted to hunters via the publication of regulatory summary brochures, outlining the season dates, bag and possession limits for 2013–14. The regulation summary brochures are distributed at the point of sale for migratory game bird hunting permits and are also posted on the Environment Canada Web site at www.ec.gc.ca/rcom-mbhr/default.asp?lang=En&n=8FAC341C-1.

A Strategic Environmental Assessment conducted concluded that these amendments should positively affect goal 5 — “Wildlife Conservation — Maintain or restore populations of wildlife to healthy levels.” The control of hunting season dates and the number of migratory birds that may be taken and possessed during those dates helps to ensure migratory game bird populations are maintained at healthy levels.

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 $1,000,000 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 will use their discretion when choosing the appropriate enforcement response to a violation (warning, tickets, environmental protection compliance order, etc.).

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.

10. Contact

Caroline Ladanowski
Director
Wildlife Program Support Division
Canadian Wildlife Service
Environment Canada
Ottawa, Ontario
K1A 0H3
Telephone: 819-994-3432

• Footnote a
  S.C. 2005, c. 23, s. 8
• Footnote b
  S.C. 1994, c. 22
• Footnote 1
  C.R.C., c. 1035
• Footnote 2
  www.ec.gc.ca/rcom-mbhr/default.asp?lang=en&n=762C28AB-1
• Footnote 3
  Batt, B.D.J. (ed.). 1997. Arctic Ecosystems in Peril — Report of the Arctic Goose Habitat Working Group. Arctic Goose Joint Venture Special Publication, U.S. Fish and Wildlife Service, Washington, D.C., and Canadian Wildlife Service, Environment Canada, Ottawa.
• Footnote 4
  Batt, B.D.J. (ed.). 1998. The Greater Snow Goose — Report of the Arctic Goose Habitat Working Group. Arctic Goose Joint Venture Special Publication, U.S. Fish and Wildlife Service, Washington, D.C., and Canadian Wildlife Service, Environment Canada, Ottawa.
• Footnote 5
  Gauthier, G. and E.T. Reed. 2007. Projected growth rate of the Greater Snow Goose population under alternative harvest scenarios. In Reed, E.T., and A.M. Calvert (eds.). Evaluation of the Special Conservation Measures for Greater Snow Geese: Report of the Greater Snow Goose Working Group. Arctic Goose Joint Venture Special Publication. Canadian Wildlife Service, Environment Canada, Sainte-Foy, Quebec.
• Footnote 6
  Leafloor, J.O., T.J. Moser, and B.D.J. Batt (editors). 2012. Evaluation of Special Management Measures of Midcontinent Lesser Snow Geese and Ross’s Geese. Arctic Goose Joint Venture Special Publication. U.S. Fish and Wildlife Service, Washington, D.C. and Canadian Wildlife Service, Ottawa, Ontario.
• Footnote 7
  Caswell, J.H., A.D. Afton, and F.D. Caswell. 2003. Vulnerability of Non-target Goose Species to Hunting with Electronic Snow Goose Calls. Wildlife Society Bulletin 31(4):1117-1125.
• Footnote 8
  Environment Canada. Canadian Wildlife Service. 2010. Handbook, Canada and Cackling Geese Management and Population Control in Southern Canada. 20 pp.