Vol. 150, No. 13 — June 29, 2016

Registration

SOR/2016-126 June 13, 2016

MIGRATORY BIRDS CONVENTION ACT, 1994

Regulations Amending the Migratory Birds Regulations

P.C. 2016-466 June 10, 2016

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 definition minor in subsection 2(1) of the Migratory Birds Regulations (see footnote 1) is replaced by the following:

minor means a person who has not attained the age of 18 years. (personne mineure)

Subsection 5(2) of the French version of the Regulations is replaced by the following:

(2) Sous réserve du paragraphe (8), seuls les résidents de la province de Terre-Neuve-et-Labrador qui sont titulaires d’un permis de chasse aux oiseaux migrateurs considérés comme gibier peuvent chasser la marmette, et ce uniquement pour consommation humaine.

(2) The portion of subsection 5(11) of the Regulations before paragraph (a) is replaced by the following:

(11) Despite subsections (1) and (3), a minor may hunt the migratory birds referred to in column 2 of Table I of any of Parts I to X of Schedule I, or of Table II of Part I of Schedule I, without a permit during the Waterfowler Heritage Days that are set out in that column if the person

3 Table I of Part I of Schedule I to the Regulations is replaced by the following:

TABLE I

Waterfowler Heritage Day and Open Seasons on the Island of Newfoundland

Item

Column 1

Column 2

Column 3

Column 4

Waterfowler Heritage Day

Open Season

Area

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

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

Long-tailed Ducks, Eiders and Scoters

1

All Coastal Zones

Second Saturday of September

Third Saturday of September to last Saturday of December

November 25 to March 10

2

All Inland Zones

Second Saturday of September

Third Saturday of September to last Saturday of December

No open season

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

TABLE II

Waterfowler Heritage Day and Open Seasons in Labrador

Item

Column 1

Column 2

 

Column 3

Column 4

Waterfowler Heritage Day

Open Season

Area

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

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

Eiders

1

Northern Labrador Zone

First Saturday of September

First Saturday of September to third Saturday of December

For a period of 106 days beginning on the last Saturday of September

2

Western Labrador Zone

First Saturday of September

First Saturday of September to third Saturday of December

No open season

3

Southern Labrador Zone

First Saturday of September

First Saturday of September to third Saturday of December

November 25 to March 10

4

Central Labrador Zone

First Saturday of September

First Saturday of September to third Saturday of December

Last Saturday of October to last Saturday of November and first Saturday of January to last day of February

5 Table III of Part I of Schedule I to the Regulations is amended by replacing “Column I” and “Column II” with “Column 1” and “Column 2”, respectively.

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

TABLE I

Waterfowler Heritage Day and Open Seasons in Prince Edward Island

Item

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6
 

Waterfowler Heritage Day

Open Season

Area

Ducks (Other than Harlequin Ducks) and Geese

Ducks Other than Common and Red-breasted Mergansers, Long-tailed Ducks, Harlequin Ducks, Eiders and Scoters) and Snipe

Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters

Geese

Woodcock

1

Throughout Prince Edward Island

Third Saturday of September

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

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

(c) Not more than four Scoters or four Eiders may be taken daily.

(d) Not more than eight Scoters or eight Eiders may be possessed.

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

TABLE I

Waterfowler Heritage Day and Open Seasons in Nova Scotia

Item

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6
Waterfowler Heritage Day

Open Season

Area

Ducks (Other than Harlequin Ducks) and Geese

Ducks (Other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders, Scoters, Goldeneyes and Buffleheads)

Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders, Scoters, Goldeneyes and Buffleheads

Geese

Woodcock and Snipe

1

Zone No. 1

Third Saturday of September

October 1 to December 31

October 1 to December 31

For a period of 15 days beginning on the day after Labour Day

October 1 to December 31

October 1 to November 30

2

Zone No. 2

Third Saturday of September

October 22 to January 15

October 8 to January 15

For a period of 21 days beginning on the day after Labour Day

October 22 to January 15

October 1 to November 30

3

Zone No. 3

Third Saturday of September

October 22 to January 15

October 8 to January 15

For a period of 21 days beginning on the day after Labour Day

October 22 to January 15

October 1 to November 30

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

(c) Not more than four Scoters or four Eiders may be taken daily.

(d) Not more than eight Scoters or eight Eiders may be possessed.

10 Table I of Part IV of Schedule I to the Regulations is replaced by the following:

TABLE I

Waterfowler Heritage Day and Open Seasons in New Brunswick

Item

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Waterfowler Heritage Day

Open Season

Area

Ducks (Other than Harlequin Ducks) and Geese

Ducks (Other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters) and Snipe

Geese

Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters

Woodcock

1

Zone No. 1

Third Saturday of September

October 15 to January 4

For the period beginning on the day after Labour Day and ending on the Tuesday before the last Saturday in September

October 15 to January 4

October 15 to January 4

February 1 to 24

September 15 to November 30

2

Zone No. 2

Third Saturday of September

October 1 to December 18

For the period beginning on the day after Labour Day and ending on the Tuesday before the last Saturday in September

October 1 to December 18

October 1 to December 18

September 15 to November 30

11 Paragraph 2(b) after Table I of Part IV of Schedule I to the Regulations is replaced by the following:

(b) Bathurst Harbour and Bathurst Basin, commencing at the Caron Point lighthouse; thence north across the mouth of Bathurst Harbour to Youghall Point; thence following the mean high-water mark to the first bridge on the Tetagouche River (Highway 134); thence following the mean high-water mark of Bathurst Harbour and Bathurst Basin to the first bridge on the Middle River (Riverside Drive and Little River Drive); thence following the mean high-water mark to the first bridge on the Little River (NB Trail); thence following the mean high-water mark to the first bridge on the Nepisiguit River (Bridge Street); thence following the mean high-water mark to the point of commencement;

Excepting the following, which remain open to hunting: all those certain lots, pieces or parcels of land situated in the Parish of Bathurst, County of Gloucester and Province of New Brunswick being described as follows: those ungranted Crown islands, situated in Bathurst Harbour, said islands are numbered 1 and 2 and have the following approximate geographic coordinates:

island no. 1: latitude 47°38′55″, longitude 65°38′09″;

island no. 2: latitude 47°37′59″, longitude 65°38′48″;

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

(c) Not more than four Scoters or four Eiders may be taken daily.

(d) Not more than eight Scoters or eight Eiders may be possessed.

13 Table I of Part V of Schedule I to the Regulations is replaced by the following:

TABLE I

Waterfowler Heritage Days and Open Seasons in Quebec

 

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Column 7
   

Waterfowler Heritage Day

Open Season

Item

Area

Ducks (Other than Harlequin Ducks), Geese, Woodcock and Snipe, as well as Coots, Gallinules and Mourning Doves

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

Canada Geese and Cackling Geese

Eiders and Long-tailed Ducks

Coots and Gallinules

Woodcock and Mourning Doves

1

District A

N/A

September 1 to December 16

September 1 to December 16

September 1 to December 16

No open season

September 1 to December 16 (d)

2

District B

The Saturday before the opening of the migratory bird hunting season identified in column 3 (d)

For a period of 106 days beginning on the first Saturday after September 11

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

October 1 to January 14 (b)

No open season

For a period of 106 days beginning on September 11 if that day is a Saturday or, if not, on the nearest Saturday that is before or after September 11 (d)

3

Districts C, D and E

The Saturday before the opening of the migratory bird hunting season identified in column 3 (d)

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

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

No open season

For a period of 106 days beginning on September 18 if that day is a Saturday or, if not, on the nearest Saturday that is before or after September 18 (d)

4

District F

The Saturday preceding the opening of the migratory bird hunting season identified in column 3

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

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

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

For a period of 106 days beginning on September 18 if that day is a Saturday or, if not, on the nearest Saturday that is before or after September 18

5

District G

Second-to-last Saturday of September (d)

Last Saturday of September to December 26

Last Saturday of September to December 26

November 1 to February 14

No open season

Last Saturday of September to December 26 (d)

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

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

(c) In District E, the open season for Barrow’s and Common Goldeneyes closes on October 21 in Provincial Hunting Zone No. 21 and 100 m beyond this zone. In District F, the open season for Barrow’s and Common Goldeneyes closes on October 21 between Pointe Jureux (Saint-Irénée) and the Gros Cap à l’Aigle (Saint-Fidèle) from routes 362 and 138 to 2 km within Provincial Hunting Zone No. 21.

(d) Hunting for Mourning Dove is allowed only in District F; non-toxic shot required.

14 (1) The portion of paragraph 3 after Table I of Part V of Schedule I to the French version of the Regulations before paragraph (a) is replaced by the following:

3 Les saisons de chasse spécifiées dans le tableau I et le tableau I.2 ne s’appliquent pas aux régions suivantes de la province de Québec :

(2) Paragraphs 3(a) to (f) after Table I of Part V of Schedule I to the Regulations are replaced by the following:

(a) Cap-Tourmente (Water):

Commencing at the intersection of the low-water mark along the northerly shore of the St. Lawrence River with the southwesterly boundary of shore lot 3,814,431 of the cadastre of Quebec, registration division of Montmorency; thence southeasterly along the extension of that boundary to a point on the straight line joining the light buoys designated V13 and V6 on Canadian Hydrographic Service chart number 1317; thence easterly along that straight line to the light buoy designated V6 on that chart; thence northeasterly in a straight line toward the light buoys designated K108 and K103 on chart number 1317; thence northeasterly in a straight line to the light buoy designated K95 on chart number 1317, but ending abreast of LL 1902 Cap Brûlé fixed navigation aid located on the northern shore of the St. Lawrence River; thence northwesterly in a line perpendicular to the low-water mark opposite LL 1902 Cap Brûlé fixed navigation aid; thence southwesterly along the low-water mark to the point of commencement, together with that portion of the right-of-way of the railway from Lot 3,814,431 of the cadastre of Quebec, registration division of Montmorency, thence easterly abreast of LL 1902 Cap Brûlé fixed navigation aid;

(b) Portage:

In the Gulf of St. Lawrence (at approximate latitude 47°37′15″N and approximate longitude 61°29′30″W) a part of les îles de la Madeleine together with the waters included within the limit described as follows:

Commencing at the intersection of the ordinary high-water mark of Baie Clarke with a plumb line originating from the centre of the bridge of Route 199 at its northwesterly end; thence southwesterly in a straight line (in Havre de la Grande Entrée) to a point situated 200 m from the ordinary high-water mark and on the extension southeasterly of the most easterly limit of lot 3,777,710 of the cadastre of Quebec, registration division of Îles-de-la-Madeleine; thence northwesterly following that extension line and southeasterly limit of said lot; thence northwesterly following the easterly limits of lots 3,777,410; 3,779,909 and 3,776,833 and its extension in the Gulf of St. Lawrence to a point situated 200 m measured at right angle to the ordinary high-water mark of that Gulf; thence easterly following a line at 200 m from that water mark to a point situated 2 000 m in a straight line from that point; thence southerly in a straight line to the intersection of the westerly bank of an unnamed creek with the ordinary high-water mark of Baie Clarke (at approximate latitude 47°37′15,32″N and approximate longitude 61°28′24,45″W); thence southwesterly following that water mark to the point of commencement;

(c) Havre aux Basques:

In the municipality of Îles-de-la-Madeleine, comprising a part of île du Cap aux Meules and a part of île du Havre Aubert, a parcel of land described as follows:

Commencing at a northwestern point at approximate latitude 47º19′12″N and approximate longitude 61º57′41″W; thence southwesterly along the ordinary high-water mark of the Gulf of St. Lawrence to a southwestern point 47º18′1,48″N and 61º58′16,70″W; thence easterly in a straight line to a southeastern point at approximate latitude of 47º18′14,49″N and approximate longitude 61º56′2,37″W; thence northerly, along the ordinary high-water mark of Baie de Plaisance to a northeastern point at approximate latitude 47º18′59″N and approximate longitude 61º56′09″W; thence westerly in a straight line to the point of commencement; together with a zone extending 200 m easterly from the ordinary high-water mark of Baie de Plaisance and a zone extending 200 m westerly from the ordinary high-water mark of the Gulf of St. Lawrence; the northern and southern limits of said zones being an extension of the northerly boundary between the northeastern and northwestern points previously described and the extension of the southerly boundary between the southeastern and southwestern points previously described; the eastern and western limits of said zones being lines parallel to the ordinary high-water marks of Baie de Plaisance and the Gulf of St. Lawrence;

(d) Cap-Tourmente (Ground):

Lot 3,815,311 of the cadastre of Quebec, registration division of Montmorency, and the part of the railroad right-of-way that appears on Public Works Canada map AM-92-7485, and the area between the low-water mark of the St. Lawrence River and the northern boundary of the railroad right-of-way, bounded on the west by Cap Tourmente National Wildlife Area and on the east by LL 1902 Cap Brûlé fixed navigation aid. In addition, this sector includes the public road called “chemin du Cap-Tourmente” located in the municipality of Saint-Joachim;

(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. 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

(f) Cap-Saint-Ignace:

This sector is located in the St. Lawrence River near the municipality of Cap-Saint-Ignace, at approximate latitude 47°02′15″N and approximate longitude 70°29′10″W. This sector includes the open water and marshes between the high-water mark and the low-water mark starting from the western limit of the Cap-Saint-Ignace Migratory Bird Sanctuary, going west for a distance of about 400 m up to the eastern limit of lot 3,251,418 of the cadastre of Quebec, registration division of Montmorency.

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

TABLE II

Bag and Possession Limits in Quebec

 

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Column 7

Column 8

Item Limit Ducks Geese (Other than Snow Geese) Snow Geese Coots and Gallinules Woodcock Snipe Mourning Doves

1

Daily Bag

6(a), (b), (f)

5(d), (f)

20(f)

4(f)

8(e), (f)

10(f)

8(f)

2

Possession

18(c), (f)

20(f), (g)

No limit

12(f)

24(f)

30(f)

24(f)

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

TABLE I

Waterfowler Heritage Days and Open Seasons in Ontario

Item

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Waterfowler Heritage Day

Open Season

Area

Ducks (Other than Harlequin Ducks), Rails (Other than Yellow Rails and King Rails), Gallinules, Coots, Snipe, Geese, Woodcock and Mourning Doves

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)

Canada Geese and Cackling Geese

Woodcock

Mourning Doves

1

Hudson-James Bay District

First Saturday of September (a)

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 (a)

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 (a), (b)

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 (b)

4

Southern District

Third Saturday of September(a), (b)

For a period of 106 days beginning on the fourth Saturday of September (c), (g)

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

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

September 25 to December 20

For a period of 70 days beginning on the first Thursday after Labour Day(b)
       

For a period of 96 days — 95 days if Labour Day falls on September 1 or 2 — beginning on the fourth Saturday of September(d)

    
       

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(e)

For a period of 8 days beginning on the fourth Saturday of February, except for any Sunday within this period(e), (f)

    

(a) The Mourning Dove season only opens in the Central District and Southern District.

(b) Non-toxic shot required.

(c) 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.

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

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

(f) Except in Wildlife Management Unit 94.

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

17 (1) Paragraphs 4(c) to (e) after Table I of Part VI of Schedule I to the Regulations are replaced by the following:

(c) the northeasterly portion of Lake St. Clair that is bounded by a line extending northwest (approximately 315°) from the south bank of the mouth of the Thames River in the County of Essex in the Province of Ontario to the International Boundary between Canada and the United States and thence northeasterly following the International Boundary line to the intersection with the southwesterly shore of Seaway Island, the portion of Rondeau Bay on Lake Erie in the Municipality of Chatham-Kent in the Province of Ontario, and the portion of Long Point Bay on Lake Erie in Norfolk County in the Province of Ontario that lies westerly of a line extending from the confluence of the waters of Lake Erie with the waters of Cottage Creek across the most westerly extremity of Whitefish Bar Island to the intersection with the southerly shore of Turkey Point, each of those portions being situated beyond 300 m from the shore, from an area of emergent vegetation or from a water line that forms a boundary of private property;

(d) that portion of the St. Lawrence River within Lake St. Francis and the islands contained therein, lying between the easterly boundary of the dam at the site of the Robert H. Saunders Generating Station and the Interprovincial Boundary between Ontario and Quebec, situated beyond 300 m from the shore of the mainland or of any island contained within the said area or from any area of emergent vegetation or water line that forms a boundary of private property;

(e) that portion of Norfolk County in the Province of Ontario described as follows:

The east quarter of Lot 7 and the west half of Lot 8 extending south of Regional Road number 42 to the northern boundary of the Long Point Conservation Authority Marsh described in instrument number 359664 deposited in the Registry Division of Norfolk; and

(2) The portion of paragraph 4(f) after Table I of Part VI of Schedule I to the Regulations before subparagraph (i) is replaced by the following:

(f) that part of the Township of Frontenac Islands in the Province of Ontario lying west of the mid-way point between Howe Island and Wolfe Island and the southeasterly production of that mid-way point to the International Boundary Line between Canada and the United States and east of a line through the westerly end of Long Point at the westerly end of Wolfe Island and the westerly end of Nine Mile Point on Simcoe Island commencing at the intersection of the southeasterly production of said line with the International boundary line between Canada and the United States and ending at the intersection of the northwesterly production of the same line with the boundary of the Township of Frontenac Islands unless the hunter is,

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

Item

Column 5 Snow Geese

1

20(g)

19 Table II of Part VI of Schedule I to the Regulations is amended by adding the following after note (f):

(g) Up to 30 additional Snow Geese may be taken daily in the Hudson-James Bay District.

20 The portion of Table I of Part VII of Schedule I to the Regulations before the note is replaced by the following:

TABLE I

Waterfowler Heritage Days and Open Seasons in Manitoba

 

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Column 7
   

Waterfowler Heritage Day

Open Season

Item

Area

Ducks, Geese, Coots, Snipe and Sandhill Cranes

Ducks, Geese, Coots and Snipe RESIDENTS OF CANADA

Ducks, Canada Geese, Cackling Geese, White-fronted Geese, Brant, Coots and Snipe NON-RESIDENTS OF CANADA

Sandhill Cranes

Snow and Ross’s Geese NON-RESIDENTS OF CANADA

American Woodcock

1

Game Bird Hunting Zone 1

September 1 to September 7(a)

September 1 to October 31(a)

September 1 to October 31

September 1 to November 30

September 1 to October 31(a)

N/A

2

Game Bird Hunting Zone 2

September 1 to September 7(a)

September 1 to November 30(a)

September 8 to November 30

September 1 to November 30

September 8 to November 30(a)

N/A

3

Game Bird Hunting Zone 3

September 1 to September 7 (a)

September 1 to November 30 (a)

September 24 to November 30

September 1 to November 30

September 17 to November 30 (a)

September 8 to November 30

4

Game Bird Hunting Zone 4

September 1 to September 7(a)

September 1 to November 30(a)

September 24 to November 30

September 1 to November 30

September 17 to November 30(a)

September 8 to November 30

21 Paragraph 1(d) after Table I.2 of Part VII of Schedule I to the English version of the Regulations is replaced by the following:

(d) Game Bird Hunting Zone 4 means that portion of the Province of Manitoba included in Provincial Game Hunting Areas No. 22, 23, 24, 25A, 25B, 27, 28, 29, 29A, 30, 31, 31A, 32, 33, 34, 34A, 34B, 34C, 35, 35A, 36 and 38 as described in the Hunting Areas and Zones Regulation, 220/86, of the Province of Manitoba, made pursuant to The Wildlife Act, C.C.S.M., c. W130;

22 Table I of Part VIII of Schedule I to the Regulations is replaced by the following:

TABLE I

Waterfowler Heritage Days and Open Season in Saskatchewan

Item

Column 1

Column 2

Column 3
  Waterfowler Heritage Day Open Season

District

Ducks, Geese, Coots, Snipe and Sandhill Cranes

Ducks, Geese, Coots, Snipe and Sandhill Cranes

1

No. 1 (North)

Saturday, Sunday and Monday of Labour Day weekend, excluding any day in August, and of Thanksgiving weekend (b)

September 1 to December 16 (b)

2

No. 2 (South)

Saturday, Sunday and Monday of Labour Day weekend, excluding any day in August, and of Thanksgiving weekend (b), (c)

September 1 to December 16 (a), (b), (c)

(a)Falconry season open September 1 to December 16.

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

(c) The Last Mountain Lake National Wildlife Area is closed to all Sandhill Crane hunting.

23 (1) Paragraph 1(b) after Table I of Part VIII of Schedule I to the Regulations is replaced by the following:

(b) District No. 2 (South) means that part of the Province of Saskatchewan comprising Provincial Management Zones 1 to 42 and 44 to 46, Saskatoon and Regina-Moose Jaw.

(2) Section 3 after Table I of Part VIII of Schedule I to the Regulations is replaced by the following:

3 In this Part, the open season for Canada Geese, Cackling Geese and White-fronted Geese in District No. 2 (South) and the portion of District No. 1 (North) consisting of Provincial Wildlife Management Zones 43, 47 to 59 and 67 to 69 from the opening date until October 14 includes only that part of each day from one half-hour before sunrise until noon, local time, and, after that period, from one half-hour before sunrise until one half-hour after sunset. The open season for Snow Geese and Ross’s Geese province-wide includes only that part of each day from one half-hour before sunrise until one half-hour after sunset.

24 The portion of Table I of Part IX of Schedule I to the Regulations before the notes is replaced by the following:

TABLE I

Waterfowler Heritage Days and Open Seasons in Alberta

Item

Column 1

Column 2

Column 3
Waterfowler Heritage Day Open Season

Area

Ducks, Geese, Coots and Snipe

Ducks, Geese, Coots and Snipe

1

Zone No. 1

First weekend in September (a)

September 1 to December 16 (a), (b)

2

Zone No. 2

First weekend in September (a)

September 1 to December 16 (a), (b)

3

Zone No. 3

First weekend in September (a)

September 1 to December 16 (a), (b)

4

Zone No. 4

First weekend in September (a)

September 1 to December 16 (a), (b)

5

Zone No. 5

First weekend in September (a)

September 8 to December 21 (a), (c)

6

Zone No. 6

First weekend in September (a)

September 8 to December 21 (a), (c)

7

Zone No. 7

First weekend in September (a)

September 8 to December 21 (a), (c)

8

Zone No. 8

First weekend in September (a)

September 1 to December 16 (a), (b)

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

TABLE I

Waterfowler Heritage Days and Open Seasons in British Columbia

Item

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Column 7

Column 8

Waterfowler Heritage Day

Open Season

District

Ducks and Geese

Ducks, Coots and Snipe

Snow Geese and Ross’s Geese

Other Geese

Brant

Band-tailed Pigeons

Mourning Doves

1

No. 1

Weekend before Thanksgiving weekend

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

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

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

For a period of 9 days beginning on the first Saturday of September (b), (c), (d)

For a period of 44 days beginning on the Saturday of Thanksgiving weekend (b), (c), (d)

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

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

No open season

September 15 to September 30

No open season

2

No. 2

Weekend before Thanksgiving weekend(e), (f)

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

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

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

March 1 to March 10 (c), (h)

September 15 to September 30 (e)

No open season
       

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

For a period of 9 days beginning on the first Saturday of September (c), (d), (e)

For a period of 44 days beginning on the Saturday of Thanksgiving weekend (c), (d), (e)

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

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

      

3

No. 3

First Saturday and Sunday in September that fall together

September 10 to December 23

September 10 to December 23

September 10 to December 23 (g)

September 10 to September 20 (d)

October 1 to December 23 (d)

March 1 to March 10 (d)

No open season

September 15 to September 30 (i)

September 1 to September 30

4

No. 4

First Saturday and Sunday in September that fall together

September 10 to December 23

September 10 to December 23

September 10 to December 23

No open season

No open season

September 1 to September 30

5

No. 5

Weekend before September 15

September 15 to December 25

September 15 to December 25

September 15 to December 25

No open season

No open season

No open season

6

No. 6

First Saturday and Sunday in September that fall together

September 1 to November 30, except during Waterfowler Heritage Days (j)

October 1 to January 13 (k)

September 1 to November 30, except during Waterfowler Heritage Days (j)

October 1 to January 13 (k)

September 1 to November 30, except during Waterfowler Heritage Days (j)

October 1 to January 13(k)

No open season

No open season

No open season

7

No. 7

September 1 and 2 (l)

Second Saturday and Sunday in September that fall together (m)

September 3 to November 30 (l)

September 1 to November 30, except during Waterfowler Heritage Days (m)

September 3 to November 30 (l)

September 1 to November 30, except during Waterfowler Heritage Days (m)

September 3 to November 30 (l)

September 1 to November 30, except during Waterfowler Heritage Days (m)

No open season

No open season

No open season

8

No. 8

First Saturday and Sunday in September that fall together

September 12 to December 25

September 12 to December 25

September 12 to December 25 (g)

September 20 to November 28 (d)

December 20 to January 5 (d)

For the period of 18 days ending on March 10 (d)

No open season

No open season

September 1 to September 30

26 The portion of Table I of Part XI of Schedule I to the Regulations before the notes is replaced by the following:

TABLE I

Open Season in the Northwest Territories

Item

Column 1

Column 2

Area

Ducks, Geese, Coots and Snipe

1

Throughout the Northwest Territories

September 1 to December 10(a)

27 Table I of Part XII of Schedule I to the Regulations is replaced by the following:

TABLE I

Open Seasons in Yukon

Item

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Column 7

Area

Ducks

Canada Geese, Cackling Geese, White-fronted Geese and Brant

Snow Geese and Ross’s Geese

Sandhill Cranes

Rails and Coots

Snipe

1

Northern Yukon

August 15 to October 31 for residents of Yukon

August 15 to October 31 for residents of Yukon

August 15 to October 31 for residents of Yukon (a)

No open season

August 15 to October 31 for residents of Yukon

August 15 to October 31 for residents of Yukon
   

September 1 to October 31 for non-residents of Yukon

September 1 to October 31 for non-residents of Yukon

September 1 to October 31 for non-residents of Yukon(a)

  

September 1 to October 31 for non-residents of Yukon

September 1 to October 31 for non-residents of Yukon

2

Central Yukon

August 15 to October 31 for residents of Yukon

August 15 to October 31 for residents of Yukon

August 15 to October 31 for residents of Yukon(a)

August 15 to October 31 for residents of Yukon

August 15 to October 31 for residents of Yukon

August 15 to October 31 for residents of Yukon
   

September 1 to October 31 for non-residents of Yukon

September 1 to October 31 for non-residents of Yukon

September 1 to October 31 for non-residents of Yukon (a)

September 1 to October 31 for non-residents of Yukon

September 1 to October 31 for non-residents of Yukon

September 1 to October 31 for non-residents of Yukon

3

Southern Yukon

September 1 to October 31

September 1 to October 31

September 1 to October 31 (a)

September 1 to October 31

No open season

September 1 to October 31

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

28 Paragraphs 1(a) to (c) after Table I of Part XII of Schedule I to the Regulations are replaced by the following:

(a) Northern Yukon means all that portion of Yukon lying north of latitude 66°N;

(b) Central Yukon means all that portion of Yukon lying between latitude 62° and 66°N; and

(c) Southern Yukon means all that portion of Yukon lying south of latitude 62°N.

29 Table II of Part XII of Schedule I to the Regulations is replaced by the following:

TABLE I.2

Measures in Yukon Concerning Overabundant Species

Item

Column 1

Column 2

Column 3

Area

Period During Which Snow Geese and Ross’s Geese May Be Killed

Additional Hunting Method or Equipment

1

Northern Yukon

May 1 to May 28

Recorded bird calls (a)

2

Central Yukon

May 1 to May 28

Recorded bird calls (a)

3

Southern Yukon

May 1 to May 28

Recorded bird calls(a)

(a) "Recorded bird calls" refers to bird calls of a species referred to in the heading of column 2.

TABLE II

Bag and Possession Limits in Yukon

Item

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Column 7

Limit

Ducks

Canada Geese, Cackling Geese, White-fronted Geese and Brant

Snow Geese and Ross’s Geese

Sandhill Cranes

Rails and Coots

Snipe

1

Daily Bag

8 (a)

5 (b)

50

2

0 (c)

10

2

Possession

24 (a)

15 (b)

No limit

4

0 (c)

30(d)

(a) Except that in Northern Yukon 17 additional ducks may be taken per day, with no possession limit.

(b) Except that in Northern Yukon 10 additional geese may be taken per day, with no possession limit.

(c) Except that in Central Yukon and Northern Yukon 25 rails and coots may be taken per day, with no possession limit.

(d) Except that in Northern Yukon there is no possession limit.

30 The portion of Table I of Part XIII of Schedule I to the Regulations before the note is replaced by the following:

TABLE I

Open Season in Nunavut

Item

Column 1

Column 2

Area

Ducks, Geese, Coots and Snipe

1

Throughout Nunavut

September 1 to December 10 (a)

Coming into Force

31 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. Issues

The Department of the Environment (the Department) uses long-term population monitoring information and bird population data from the last 40 years to determine the population status of migratory game bird species. This data helps the Department highlight species in need of conservation action and can help to identify the causes of population changes. Major swings in migratory game bird populations, including both increases and decreases, can have a negative impact on the environment and the economy. For example, the rapid population growth of some species (e.g. Canada Geese and Snow Geese) can have a devastating effect on fragile ecosystems and can cause significant crop damage.

In the fall of 2015, biologists from the Department of the Environment’s Canadian Wildlife Service met with their provincial and territorial counterparts in technical committees to discuss new information on the status of migratory game bird populations and how it compares to annual trends. These technical committees used survey information from national and international bird population surveys, species-specific studies along with information received from migratory game bird hunters and nongovernmental organizations to identify concerns with population levels of migratory game bird species. In order to address these concerns and ensure a sustainable harvest for migratory game birds, hunting season dates, daily bag limits and possession limits require adjustment for certain species for the 2016–2017 and 2017–2018 hunting seasons.

2. Background

In 1916, the United Kingdom, on behalf of Canada, signed the Migratory Birds Convention (the Convention) with the United States (U.S.). The Convention, which was amended via the Parksville Protocol in 1995, commits Canada and the United States to the long-term conservation of shared species of migratory birds. Article II of the Convention imposes limits on normal hunting seasons to provide protection to populations that may be threatened by over-hunting. Article VII of the 1916 Convention supports measures, such as the creation of a spring hunting season or the use of recorded bird calls, under extraordinary conditions wherein migratory game birds pose a serious threat to agricultural or other interests in a particular community, with no limit to the time of year or the number of days in a year when these measures may be taken.

The Convention is implemented in Canada by the Migratory Birds Convention Act, 1994, which includes the 1995 Parksville Protocol. The objective of the Convention, the Migratory Birds Convention Act, 1994 and the Migratory Birds Regulations, made pursuant to the Act, is the conservation of migratory birds.

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. This is accomplished, in part, by protecting them during their nesting season and when traveling to and from their breeding grounds, through the establishment of annual hunting season dates, daily bag limits and possession limits.

The hunting of migratory game birds is restricted to a period, in each province or territory, not exceeding three and a half months, commencing no earlier than September 1 and ending no later than March 10 of the following year. (see footnote 2) 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. Changes to either the season length or the bag and possession limits are based on data from decades of waterfowl management in North America. The size of hunted species populations are estimated using appropriate scientific sampling methods and statistical analyses. The harvest is carefully managed and regular changes are needed to maintain sustainable hunting.

Both annual breeding bird surveys and harvest surveys are conducted across the country in order to estimate the population size and the take from hunted populations. For example, Canada relies on a number of bird surveys including the North American Breeding Bird Survey (see footnote 3) and the Christmas Bird Count. (see footnote 4) The North American Breeding Bird Survey is a cooperative international avian survey conducted annually since 1966 in the United States and Canada, and is designed to collect long-term data on the population status and trends of breeding birds. The Christmas Bird Count is a citizen based North American survey of bird populations that takes place between December 14 and January 5 on an annual cycle. Data from the Christmas Bird Count provides information about the winter resident population. The Department also supports a variety of surveys to monitor migratory game birds in their breeding, wintering, staging, and moulting areas. The monitoring programs include surveys of breeding waterfowl to estimate population size and productivity, and harvest surveys to estimate the size of the harvest and assess the impacts of hunting regulations on populations. The data obtained from these monitoring programs are used to assess the status of migratory birds in Canada, thus providing the scientific basis for managing waterfowl.

Individual hunters also play an important role in the management of migratory game birds. Their skills and interests are invaluable in assisting in the management of overabundant species. (see footnote 5) In addition, 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. (see footnote 6) 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. Hunters also contribute valuable information by reporting their recoveries of leg banded birds. 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.

The Migratory Birds 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 Department of the Environment’s Web site. (see footnote 7) The districts or zones are based on the geographical units that the provinces and territories use to manage wildlife. Information on the provincial management units is available from the provincial or territorial governments.

None of the changes that are being made to the Migratory Birds Regulations will directly impact the rights of indigenous peoples. Indigenous peoples exercising harvesting rights are not required to hold a Migratory Game Bird Hunting Permit and are not subject to season dates, bag or possession limits while hunting on their traditional territory. Treaty or Aboriginal rights will not be affected by these amendments.

The Department of the Environment updates the hunting provisions of the Migratory Birds Regulations on a biennial cycle. The Department of the Environment will continue to evaluate the status of migratory game birds on an annual basis to ensure that the Regulations are appropriate, and could amend the Regulations on a more frequent basis if necessary.

3. Objectives

The hunting of migratory game birds is one of many outdoor activities that depend on healthy habitat and species populations. The Migratory Birds Regulations ensure these birds remain abundant in their natural habitats by setting hunting seasons and bag and possession limits for each species. The objectives of the amendments to Schedule I of the Migratory Birds Regulations are to create conditions for the sustainable harvest of migratory game bird populations and to provide tools that enable hunters to assist in population control of overabundant species.

4. Description

These amendments modify certain hunting season dates, daily bag limits and possession limits for the 2016–2017 and 2017–2018 hunting seasons for migratory game birds. Management measures for overabundant migratory game bird species are also included in the amendments. The descriptions of no-hunting and hunting zones were also updated in the Regulations in order to align with changes to provincial and municipal geographic descriptions.

Overall, there are few changes in the amendments and they will have minimal impact on stakeholders. Migratory game bird hunters will still be able to hunt all species that they were able to hunt during the last hunting season and will be provided the additional opportunity to hunt Mourning Doves in the Province of Québec.

The amendments for the 2016–2017 and 2017–2018 hunting seasons are as follows:

Extension on eider season length in coastal zones of Newfoundland and Labrador

The amendments increase the season length by 12 days for eiders in all coastal zones on the Island of Newfoundland, as well as the Southern Labrador Zone. Since 1997, significant resources have been directed toward assessing the status of eiders in the northwest Atlantic. Results have shown that the populations are more abundant than previously assessed prior to 1997. The amendments lift a restriction that was put into place in 1997 to reduce hunting pressure on northern stocks of eiders. The harvest will be monitored carefully through the Migratory Birds National Harvest Survey. Also, eider surveys will be conducted at regular intervals (see footnote 8) to monitor the populations.

Restrictions on eider harvest in Prince Edward Island, New Brunswick and Nova Scotia

A long-term monitoring program of eider colonies in the Maritimes suggests that the number of birds breeding in the Bay of Fundy has been declining since 2005. The population estimates for 2014 in Prince Edward Island, New Brunswick and Nova Scotia were less than 5 000 pairs, which is about half of the pre-2005 estimates. In response to these concerns, the amendments will place restrictions on the harvest by reducing the daily bag and possession limits as follows:

Maritimes Provinces

Reducing Daily Bag Limit

Reducing Possession Limit

Prince Edward Island and New Brunswick

From 6 to 4

From 12 to 8

Nova Scotia

From 5 to 4

From 10 to 8
Increase to open season for Geese other than Canada Geese and Cackling Geese in New Brunswick

The amendments increase the hunting season for geese, other than Canada Geese and Cackling Geese, by 22 days. This will align the hunting season for all geese in New Brunswick and will not have long-term impacts on the sustainable harvest of geese. The bag and possession limits for geese will remain the same.

Establishing a Mourning Dove season in Québec with a non-toxic shot requirement

Open seasons are considered for migratory game bird species when those species are able to sustain a harvest. An evaluation of long-term data sets by the Department of the Environment concluded that Mourning Doves could be hunted sustainably in Québec. As a result, these amendments establish a Mourning Dove hunting season in southern Québec.

Mourning Doves are one of the most abundant and widely distributed birds in North America, with a fall population estimate of between 350 to 475 million birds. In the United States, Mourning Doves are hunted in 40 of 50 states and approximately one million hunters harvest about 15 to 20 million of these birds each year, typically representing 5% to 10% of the estimated fall population. In Canada, there has been an annual Mourning Dove hunting season in British Columbia since 1960, and Ontario reinstated a Mourning Dove hunting season in 2013. Mourning Doves are widely distributed across the southern portion of Québec, with relative abundance similar to jurisdictions with hunting seasons (Ontario and U.S. states). Breeding Bird Survey data for Québec indicate that the Mourning Dove population has increased by 5% annually between 1970 and 2014. The breeding population in Québec is estimated at 760 000 doves, with a fall population estimate of 988 000 birds. The predicted annual harvest is estimated to be between 12 000 and 23 650 birds, which is 1.2% to 2.4% of the fall population.

Adding Mourning Dove and American Woodcock hunt during the Waterfowler Heritage Days in Ontario

The amendments add Mourning Dove and American Woodcock to the list of species that minors may hunt on the Waterfowler Heritage Days (see footnote 9) in Ontario. This change will provide increased hunting opportunity for Ontario youth. This change allows mentors the opportunity to educate minors about dove and woodcock hunting practices and ethics, as well as firearms safety. For Mourning Doves, this change does not add any new days to the hunting season. For American Woodcock this amendment will add one day to the hunting season in three out of four hunting districts, but this increase would only apply to minors.

Increasing the harvest of Lesser Snow Geese in Northern Ontario

The amendments increase the daily bag limit for Lesser Snow Geese from 20 to 30 in the Hudson-James Bay Hunting District in Ontario. This change will encourage an increased harvest of Lesser Snow Geese, an overabundant species.

Increasing the open season length for ducks, geese, coots, and snipe in the Last Mountain Lake National Wildlife Area in Saskatchewan

The amendments move the opening season date of the hunting season for ducks, coots, snipe, and geese in Last Mountain Lake National Wildlife Area (NWA) in Saskatchewan from September 20 to September 1. This change will harmonize the season date for the Last Mountain Lake NWA with the rest of Saskatchewan Hunting District No. 2 (the southern part of the province). The delayed season opening in previous years was to accommodate a lure crop program in Last Mountain Lake NWA that was intended to keep birds, mainly ducks, geese and cranes, in the NWA and out of surrounding agricultural fields until the harvest of crops was complete. However, for a number of reasons, including changing crop types and crop harvest timing, lure crops have not been used at Last Mountain Lake NWA since 2012 and, therefore, delaying the opening of the hunting season no longer serves its intended purpose.

Increasing the open season length for Canada Geese, Cackling Geese, and White-fronted Geese for non-residents of Canada in Saskatchewan

The amendments change the opening date for non-residents of Canada for Canada, Cackling and White-fronted Geese from September 10 to September 1 in Hunting District No. 2 (southern part of Saskatchewan). This aligns all waterfowl hunting seasons for all hunters (both residents and non-residents of Canada). There is currently limited hunting of other migratory game birds by non-residents from September 1 to September 10, and this amendment is expected to have minimal impact on harvest rates of Canada Geese, Cackling Geese, or White-fronted Geese.

Liberalizing Lesser Snow Goose and Ross’s Goose harvest, and establishing special management measures in the Yukon

The amendments increase the daily bag limit for Snow Geese and Ross’s Geese from 20 to 50 birds and removes the possession limit in the Yukon. In addition, the amendments establish a spring special measures of a 28-day harvest for Snow Geese and Ross’s Geese for the Yukon. These measures will provide additional opportunity to manage these overabundant species, and contribute to reducing the growth of these populations through hunting.

Snow Goose and Ross’s Goose populations have increased to the point where they have been designated as overabundant by the scientific community. In an effort to reverse population growth of Snow Geese, an amendment made to the Migratory Birds Regulations in 1999 created special management measures in spring during which hunters were encouraged to harvest overabundant species. At the same time, the number of days permitted for hunting during the fall regular hunting seasons has been maximized, and very liberal daily bag and possession limits for Snow Geese were implemented. In 2014, Ross’s Geese were designated overabundant. Liberal harvest and other management measures continue to be recommended for both species.

Administrative amendments

These amendments update the descriptions of no-hunting and hunting zones in order to align with changes to provincial and municipal geographic descriptions. This will clarify the Migratory Birds Regulations for hunters, thereby facilitating compliance and enforcement of the Regulations. The changes are the following:

These amendments clarify the hunting restriction during Waterfowler Heritage Days when they occur before the regular open season by modifying the open season table format in Schedule 1 of the Migratory Birds Regulations. This amendment clarifies that only a minor accompanied by a mentor hunter may hunt during Waterfowler Heritage Days when these days fall outside of the regular open season.

These amendments update the definition of a minor for British Columbia in the Migratory Birds Regulations to align with British Columbia’s provincial legislation. The definition of “minor” is amended to reflect the change made to the age of an adult hunter in British Columbia (changed from 19 to 18).

Continued management

In cases where no changes to current bag and possession limits and hunting seasons are being proposed, the Department of the Environment has determined that current levels will continue to promote a sustainable bird harvest. For example, the Department continues to implement the International Harvest Strategy for American Black Duck by continuing a moderate harvest in the Maritimes, Québec and Ontario.

The International Harvest Strategy for American Black Duck recommends a moderate regulatory harvest package for the 2016–2017 hunting season (and by default for the 2017–2018 hunting season as well). As a result, in Canada, the Black Duck hunting regulations will remain unchanged compared to the current regulation regime (i.e. no changes in the bag limit and possession limit).

The International Harvest Strategy for American Black Duck was adopted in 2012 by the Department of the Environment and the U.S. Fish and Wildlife Service, and is designed to identify appropriate harvest levels in Canada and the U.S. based on population levels of Black Ducks and regional populations of Mallards, while sharing the Black Duck harvest equally between the two countries. This is the only species for which a formal international harvest strategy is required, because Black Ducks are harvested near the maximum available to sustain the population and, therefore, both countries have the potential to take more than their share. Black Ducks generally occur only in Ontario and further east.

5. “One-for-One” Rule

These 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. It is important to note that there is no commercial harvest of migratory birds in Canada, and the regulations are written with no direct administrative burden on outfitters, as hunters alone are responsible for understanding and complying with the regulations.

6. Small business lens

The amendments to Schedule 1 of the Migratory Birds Regulations apply to individual hunters and not to businesses, as they simply set-out the daily bag and possession limits as well as hunting season dates for migratory game birds. As a result, 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 impacts of these amendments on small businesses.

7. Consultation

Population data describing the status of migratory game birds in Canada is gathered by the Department of the Environment’s Canadian Wildlife Service, published in the Migratory Birds Regulatory Reports Series and used to develop amendments to the Migratory Birds Regulations in consultation with the provinces and territories, other countries such as the United States, and a range of interested stakeholders including hunters, indigenous peoples and conservation groups.

The Department of the Environment has a formal consultation process that is used 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 2016–2017 and 2017–2018 hunting seasons began in November 2015 when biological information on the status of migratory game bird populations was presented in the annual report Population Status of Migratory Game Birds in Canada – November 2015. Biologists from the Department of the Environment met with their provincial and territorial counterparts in technical committees in the fall of 2015 to discuss new information on the status of migratory game bird populations and, where necessary, to prepare proposals for regulatory changes. The technical committees also considered information received from migratory game bird hunters and non-government organizations. Based on the discussions, regulatory proposals were developed by the Department of the Environment 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 2015 . (see footnote 10) This document was posted online and the Department conducted a formal consultation between January 28 and February 28, 2016.

As well as being posted online, the reports were distributed directly to federal biologists in Canada, the United States, provincial and territorial biologists, migratory game bird hunters and indigenous groups. The documents were also distributed to many non-government organizations, including groups such as the Canadian Wildlife Federation and its provincial affiliates, Nature Canada, the World Wildlife Fund, the Nature Conservancy of Canada, Ducks Unlimited, Delta Waterfowl, Animal Alliance of Canada and the Humane Society, among others.

A Notice of Intent was published in the Canada Gazette, Part I, on January 30, 2016, indicating that the Department of the Environment 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 2015.

The Department of the Environment received a number of comments during each phase of the consultation process. The majority of the comments were focused on the establishment of a Mourning Dove open season in Québec.

The establishment of a Mourning Dove open season in Québec

In 2013, with the endorsement of the provincial government, the Quebec Federation of Hunters and Anglers (Québec’s largest hunter organization) requested that a Mourning Dove hunting season be established in Québec. Following this request, the Department of the Environment conducted an evaluation in 2013–2014 of long-term and recent data sets and recent studies to (1) evaluate Mourning Dove population status and trends; (2) evaluate the Mourning Dove harvest potential; and (3) identify information needs for the conservation and management of Mourning Doves in Québec. The conclusion of this evaluation was that the Québec Mourning Dove population could sustain an annual harvest, especially as population and harvest monitoring programs are already in place to ensure that harvests will remain at sustainable levels.

From 2014 until 2016, the Department of the Environment conducted extensive consultations on the proposal to establish a Mourning Dove open season in Québec. In 2014, stakeholders and the general public were made aware of the proposal through the publication of the Migratory Birds Regulatory Report Series, as well as at the regional stakeholder forum, the Working Table on the Management of Migratory Game Birds (Table de concertation sur la gestion des oiseaux migrateurs gibiers). In 2015, the Department prepared an opinion survey that was sent to key stakeholders followed by a Department-led discussion at the regional stakeholder forum, where the results of the opinion survey were presented and members’ concerns were addressed. The majority of forum members supported the proposal (6 out of 10 participants returned the questionnaire and among these, 4 expressed support). The organizations in support of the proposal were the Biologists Association of Québec, the Province of Québec, the Quebec Federation of Hunters and Anglers, and the Québec Outfitters Federation. Whereas, the two organizations that expressed opposition were Bird Study Canada and Regroupement Québec-Oiseaux.

Taking into account stakeholder views and opinions, a final proposal was developed regarding the modalities of application of the hunt (season length, daily bag limit, hunting zone, etc.). This final proposal formed the Department’s consultation document, Proposals to Amend the Canadian Migratory Birds Regulations – December 2015, that was published for additional public comment from January 28 to February 28, 2016. During this 30-day consultation period, the Department received comments from four hunting organizations (Association des sauvaginiers du Lac St-Pierre, Association des sauvaginiers de la Rive-Nord, Ontario Federation of Anglers and Hunters and Delta Waterfowl) along with 288 individuals expressing their support of a Mourning Dove hunt. On the other hand, 12 conservation organizations (Regroupement Québec-Oiseaux and its 7 affiliated clubs, Nature Québec, Enviro Educ-Action, Crivet groupe écologique de Valleyfield and Société d’observation de la Faune), as well as 577 individuals expressed opposition to this proposal.

Comments received in support of establishing the Mourning Dove open season included

The main concerns expressed with establishing a Mourning Dove open season are summarized below along with summaries of the Department of the Environment’s responses to these concerns.

(1) Mourning Dove population trends in recent years are decreasing and therefore an open season in Québec is not sustainable

Mourning Doves are widely distributed across the southern portion of Québec and have an estimated population of 760 000 doves (with an estimated fall population of 988 000 birds). According to the North American Breeding Bird Survey, the population had an annual increase of 5% between 1970 and 2014 with its breeding range expanding to the north and the east. Given recent biological studies and the low predicted annual harvest, (see footnote 11) the Department of the Environment believes that a harvest of Mourning Doves in Québec’s district F would be sustainable. As with other migratory birds, the harvest and population levels of Mourning Doves will be monitored and evaluated annually, and adjustments to the season length and bag and possession limits will be made as appropriate.

(2) Risk to public safety in urban areas and damage to infrastructure (telephone or other utility wires along roadways)

Municipalities have by-laws restricting the discharge of firearms near inhabited areas. Shooting birds on wires or buildings in urban/agricultural areas is illegal. Québec hunters are required to pass a firearms safety course and a hunter education course. Through these courses, hunters are aware of the necessary safety precautions related to hunting.

(3) Potential impact on food availability for raptors species with vulnerable status

Under the Province of Québec’s Threatened or Vulnerable Species Act (Loi sur les espèces menacées ou vulnérables), the Peregrine Falcon (see footnote 12) is the only raptor species listed as vulnerable that hunts Mourning Doves. Raptors have a number of different food sources. Because of the low number of birds that would be harvested (i.e. maximum of approximately 23 650 doves or 2.4% of the fall population) it is unlikely that the Mourning Dove season will impact the food supply of the Peregrine Falcon.

(4) Large number of birds will be wasted because they are too small (only used for target practice or ammunition will render the bird inedible)

The Migratory Bird Regulations require hunters to retrieve birds that are killed. This requirement, along with set bag and possession limits, will reduce the risk of wastage. While there are no specific regulatory requirements to use a certain caliber of gun or ammunition type while hunting Mourning Doves, so as to not render the birds inedible, hunters typically use different ammunition types and caliber of gun depending on the species. Even though they are small, Mourning Doves are commonly hunted for food throughout North America.

Other comments

The Atlantic Migratory Game Bird Technical Committee discussed and supported the proposed amendments for New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador at their meeting in October 2015. This group, chaired by the Department of the Environment, consists of technical representatives of the four Atlantic provincial wildlife agencies, the Nunatsiavut Government, Ducks Unlimited Canada, and indigenous organizations. Both the New Brunswick Wildlife Federation and the Nova Scotia Federation of Anglers and Hunters also expressed support for the regulatory proposals.

The amendments for Ontario were discussed at the Ontario Waterfowl Advisory Committee meeting in October 2015. Committee members included representation from the Department of the Environment, the Ontario Ministry of Natural Resources and Forestry, and the Ontario Federation of Anglers and Hunters. All Committee members supported the proposed regulatory changes.

The Saskatchewan Provincial Wildlife Advisory Committee was advised of the proposal in fall 2015. From this committee, the Province of Saskatchewan, Saskatchewan Outfitters Association, and the Regina Fish and Game League all responded with endorsements of the amendments.

The Yukon Fish and Wildlife Management Board as well as the Wildlife Management Advisory Council, Northwest Territories expressed support for the amendments for the Yukon.

8. Rationale

The purpose of these amendments to Schedule I of the Migratory Bird Regulations is to ensure a sustainable harvest of migratory game bird populations in Canada. The Department of the Environment understands that the management of hunting season dates and controlling the number of migratory game birds that may be taken and possessed during those dates helps to ensure migratory game bird populations are maintained at healthy levels. The amendments make an important contribution to the preservation of migratory birds and to the conservation of biological diversity by protecting and restoring the environment for migratory birds and other wildlife.

The implementation of sustainable harvest levels helps ensure that Canada meets its commitment under the Migratory Birds Convention and the amending protocol for the long-term conservation of shared species of migratory birds with the United States for their nutritional, social, cultural, spiritual, ecological, economic and aesthetic values, and to the protection of the lands and waters on which they depend. These amendments are also consistent with the obligations under the Convention on Biological Diversity, to which Canada is a party. Specifically, they ensure that species are not jeopardized by over-hunting, while responding to the call in the Convention for parties to address the “threat posed by degradation of ecosystems and loss of species and genetic diversity.”

Hunting of migratory game birds continues to provide substantial social and economic benefits to communities across the country. These amendments help to ensure a sustained harvest of these birds, so that direct and indirect economic activities will continue to be available to Canadians. These activities stem from both hunting and nonhunting uses of migratory birds. The economic benefits of hunting are considerable. According to the 2012 Canadian Nature Survey, the total expenditures related to hunting and trapping in Canada were $1.8 billion, including hunting waterfowl ($327 million) and other games birds ($312 million). (see footnote 13) Working to create a sustainable harvest of migratory game birds also indirectly benefits the economy and the environment by protecting non-game species and natural areas where the above activities take place. A number of hunting and conservation organizations invest in the protection and conservation of migratory bird habitat. For example, in 2014–2015 Wildlife Habitat Canada, a non-profit, charitable conservation organization provided 43 grants totaling more than $1.5 million that were invested directly towards habitat conservation. This in turn helped leverage an additional $8.6 million in partner funding for conservation projects, resulting in the conservation, restoration and enhancement of more than 87 000 acres of wildlife habitat across Canada. (see footnote 14)

In accordance with the Cabinet Directive on Environmental Assessment of Policy, Plan and Program Proposals a strategic environmental assessment was conducted in 2014 and concluded that these amendments will help to positively impact Goal 5 of the Federal Sustainable Development Strategy: Conserving and Restoring Ecosystems, Wildlife and Habitat, and Protecting Canadians. 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.

Benefits and costs

These regulatory amendments modify hunting season dates, bag and possession limits, and introduce other modifications that will work towards protecting and conserving migratory game birds during nesting season and when traveling to and from their breeding grounds. In the case of overabundant species, the regulatory amendments will also help protect agricultural and environmental interests from potential destruction by overuse by these populations. For example habitat loss from the destructive foraging activities of Lesser Snow Geese and Ross’s Geese has occurred in parallel with very rapid population growth in the central and eastern Arctic. (see footnote 15) Overabundant migratory bird species could cause damage to agriculture or environmental interests at any point during their migration. An increase harvest of migratory game birds will help to protect these interests.

By controlling overabundant species, these amendments may help to reduce economic losses from crop damage, and ensure that these benefits are sustained into the future. Risks associated with increasing harvest of overabundant species by hunters are minimal, while the costs of not intervening could be considerable, especially if habitat damage caused by overabundant geese threatens the existence of any rare or endangered species, or if important ecosystem functions are lost as a result of such damage. For example, as part of the provincial Wildlife Damage Compensation Program, in 2014 the Government of Saskatchewan paid almost $7.5 million dollars in compensation directly related to claims for crop damage by waterfowl. (see footnote 16) In the same year in Manitoba, the provincial government estimates that approximately $1 million dollars in compensation was collected as part of its Wildlife Damage Compensation Program for crop damage caused by waterfowl. (see footnote 17)

A sustainable migratory bird harvest will also help to secure the future use of migratory birds as part of the traditional lifestyle of indigenous peoples in Canada.

There are few incremental costs associated with the proposed amendments. Given that some amendments reduce the hunting season or daily bag/possession limits, while increasing them in other provinces or territories, it is not anticipated that there will be a significant net gain or loss in welfare for Canadian hunters, outfitters or other stakeholders that benefit from hunting in Canada. The addition of the special concern measures for overabundant species including the spring hunt in the Yukon and increased daily bag limits in both the Yukon and Ontario will create new opportunities for hunters to gather more birds annually. In addition, the creation of a Mourning Dove season in southern Québec will also create new hunting opportunities.

It is estimated that the increased costs to enforce these regulations will be approximately $35,000 per season. Other incremental cost to government to implement these measures will be minimal, as new costs beyond current needs for compliance promotion and administration of the regulations would be minimal.

9. Implementation, enforcement and service standards

The Department of the Environment 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 each of the 2016–2017 and 2017–2018 hunting seasons. The regulation summary brochures are distributed at the point of sale for migratory game bird hunting permits and are also posted on the Department of the Environment Web site and available for download when hunters purchase permits online. (see footnote 18)

Enforcement officers use their discretion when choosing the appropriate enforcement response to a violation (e.g. issuing a warning, ticketing, issuing a compliance order or pursuing prosecution). 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 of the Department of the Environment 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
Department of the Environment
Gatineau, Quebec
K1A 0H3
Telephone: 819-938-4105
Email: caroline.ladanowski@canada.ca