Regulations Amending the Migratory Birds Regulations: SOR/2018-111

Canada Gazette, Part II, Volume 152, Number 12

Registration

May 30, 2018

MIGRATORY BIRDS CONVENTION ACT, 1994

P.C. 2018-605 May 29, 2018

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 12(1)^{footnote a} of the Migratory Birds Convention Act, 1994 ^{footnote b}, makes the annexed Regulations Amending the Migratory Birds Regulations.

Regulations Amending the Migratory Birds Regulations

Amendments

1 Subsection 14(5) of the Migratory Birds Regulations ^{footnote 1} is replaced by the following:

(5) Subsection (3) does not apply to

(a) the holder of a scientific permit issued under section 19 who deposits bait
- (i) for the sole purpose of attracting migratory birds for capturing and banding them, or
- (ii) in a confined area specified in their permit for scientific purposes other than the one specified in subparagraph (i); or
(b) the holder of an aviculture permit issued under section 20 who places bait in a confined area specified in their permit for the sole purpose of feeding migratory birds lawfully in their possession.

(5.1) The permit holder who places bait for the purpose referred to in subparagraph (5)(a)(i) or (ii), must post signs, within a radius of 400 m from the bait, of the type, wording and number specified in the permit, advising that hunting is prohibited.

2 (1) Subsection 15.1(1) of the Regulations is replaced by the following:

15.1 (1) Subject to subsection (2), no person shall

(a) possess, for the purpose of hunting a migratory game bird, except a woodcock, band-tailed pigeon, mourning dove or Eurasian collared-dove, shot other than non-toxic shot; or
(b) hunt a migratory game bird, except a woodcock, band-tailed pigeon, mourning dove or Eurasian collared-dove, by the use of shot other than non-toxic shot.

(2) The portion of subsection 15.1(2) of the Regulations before paragraph (a) is replaced by the following:

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

3 Items 1 and 2 of Table I of Part I of Schedule I to the Regulations are replaced by the following:

Item	Column 1	Column 2 Waterfowler Heritage Day	Column 3	Column 4
	Column 1	Column 2 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	Northwestern Coastal Zone	Second Saturday of September	Third Saturday of September to last Saturday of December	November 1 to February 14
2	Southwestern, Southern, Avalon-Burin, Northeastern and Northern Coastal Zones	Second Saturday of September	Third Saturday of September to last Saturday of December	November 25 to March 10
3	All Inland Zones	Second Saturday of September	Third Saturday of September to last Saturday of December	No open season

4 (1) Paragraph 1(a) after Table I of Part I of Schedule I to the Regulations is replaced by the following:

(a) Northwestern Coastal Zone means all that portion of the coast of the Island of Newfoundland lying within 100 m of the mean ordinary high-water mark, including portions of adjacent offshore islands not included in the inland zones, and the adjacent marine coastal waters, bounded by a due west line from Cape St. Gregory, and from there northward and eastward along the coast ending in a boundary line drawn due northeast through Cape Bauld;
(a.1) Northern Coastal Zone means all that portion of the coast of the Island of Newfoundland lying within 100 m of the mean ordinary high-water mark, including portions of adjacent offshore islands not included in the inland zones, and the adjacent marine coastal waters, bounded by a line due northeast from Cape Bauld and southward along the east coast, ending in a boundary line drawn due northeast through Cape St. John;

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

(c) Southwestern Coastal Zone means all that portion of the coast of the Island of Newfoundland lying within 100 m of the mean ordinary high-water mark, including portions of adjacent offshore islands not included in the inland zones, and the adjacent marine coastal waters, bounded by a due west line from Cape St. Gregory, and from there southward along the coast ending in a boundary line drawn due west through Cape Ray;
(d) Northeastern Coastal Zone means all that portion of the coast of the Island of Newfoundland lying within 100 m of the mean ordinary high-water mark, including portions of adjacent offshore islands not included in the inland zones, and adjacent marine coastal waters, bounded by a due northeast line drawn through Cape Bonavista, and from there in a generally westerly direction along the coast ending at a boundary line drawn due northeast through Cape St. John;
(e) Avalon-Burin Coastal Zone means all that portion of the coast of the Island of Newfoundland lying within 100 m of the mean ordinary high-water mark, including portions of adjacent offshore islands not included in the inland zones, and the adjacent marine coastal waters, bounded by a straight line drawn due south from Cape Rosey, and from there in a generally easterly and northerly direction along the coast ending at a boundary line drawn due northeast from Cape Bonavista;

5 Note (a) of Table I.1 of Part I of Schedule I to the Regulations is replaced by following:

^(a) Not more than one may be Barrow’s Goldeneye and, during the period beginning on November 30 and ending on the last Saturday of December, not more than four may be American Black Ducks.

6 The portion of item 3 of Table II of Part I of Schedule I to the Regulations in column 4 is replaced by the following:

Item	Column 4 Open Season Eiders
3	November 1 to February 14

7 Paragraphs 1(b) and (c) after Table III of Part I of Schedule I to the Regulations are replaced by the following:

(b) Zone No. 2 means all coastal waters in the Southern Labrador Zone as defined in Table II of this Part, and those portions of the Northwestern Coastal Zone, Northern Coastal Zone and Northeastern Coastal Zone of Newfoundland as defined in Table I of this Part, bounded by a due northeast line from Deadman’s Point (49°21′N, 53°41′W) and a due west line from Cape St. Gregory (49°24′N, 58°14′W);
(c) Zone No. 3 means those portions of the Southwestern Coastal Zone and Avalon-Burin Coastal Zone of Newfoundland as defined in Table I of this Part, bounded by a due west line from Cape St. Gregory (49°24′N, 58°14′W) and a due east line from Western Bay Head (47°53′N, 53°03′W), excluding the portion of the Avalon-Burin Coastal Zone of Newfoundland bounded by a due east line from Cape Race (46°39′N, 53°04′W) and a due east line from Cape Spear (47°31′20″N, 52°37′40″W); and

8 Note (a) of Table II of Part II of Schedule I to the Regulations is 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.

9 The portion of item 1 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	Column 4
	Open Season
	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
1	October 1 to January 7	October 1 to January 7

10 The portion of items 2 and 3 of Table I of Part III of Schedule I to the Regulations in column 3 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)
2	October 8 to January 15
3	October 8 to January 15

11 Note (a) of Table II of Part III of Schedule I to the Regulations is 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 15, not more than four may be American Black Ducks.

12 The portion of items 1 and 2 of Table I of Part IV of Schedule I to the Regulations in column 3 is replaced by the following:

Item	Column 3 Ducks (Other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters) and Snipe
1	October 15 to January 14
2	October 1 to December 31

13 Note (a) of Table II of Part IV of Schedule I to the Regulations is 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.

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

^(b) In District B, in the portion of the North Shore west of the Natashquan River, for Eiders and Long-tailed Ducks, the hunting seasons are the periods beginning on October 1 and ending on October 24 and beginning on November 15 and ending on February 5.

15 (1) Paragraph 3(a) after Table I of Part V of Schedule I to the Regulations is replaced by the following:

(a) Cap-Tourmente:
The waters included within the limit described as:
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; from there 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; from there easterly along that straight line to the light buoy designated V6 on that chart; from there northeasterly in a straight line toward the light buoys designated K108 and K103 on chart number 1317; from there 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; from there northwesterly in a line perpendicular to the low-water mark opposite LL 1902 Cap Brûlé fixed navigation aid; from there 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, from there easterly abreast of LL 1902 Cap Brûlé fixed navigation aid;
The parcel of land described as follows:
Lot 3,815,311 of the cadastre of Quebec, registration division of Montmorency, and part of the right-of-way of the railway shown on Public Works Canada Plan AM-92-7485, and the zone between the low line waters of the St. Lawrence River and the northern limit of the railway 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 zone includes the right of way of the public road called “Cap-Tourmente Road”, which is located in the municipality of Saint-Joachim;

(2) Paragraphs 3(b) and (c) after Table I of Part V of Schedule I to the English version of the Regulations are replaced by the following:

(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; from there 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; from there northwesterly following that extension line and southeasterly limit of said lot; from there 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 a right angle to the ordinary high-water mark of that Gulf; from there 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; from there 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; from there 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 47°19′12″N and approximate longitude 61°57′41″W; from there southwesterly along the ordinary high-water mark of the Gulf of St. Lawrence to a southwestern point at approximate latitude 47°18′1.48″N and approximate longitude 61°58′16.70″W; from there easterly in a straight line to a southeastern point at approximate latitude of 47°18′14.49″N and approximate longitude 61°56′2.37″W; from there northerly, along the ordinary high-water mark of Baie de Plaisance to a northeastern point at approximate latitude 47°18′59″N and approximate longitude 61°56′09″W; from there 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 those 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 those zones being lines parallel to the ordinary high-water marks of Baie de Plaisance and the Gulf of St. Lawrence;

(3) Paragraphs 3(d) and (e) after Table I of Part V of Schedule I to the Regulations are 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. It includes the open water and marshes inside a straight line between battery No. 5 (46°13′31″N and 72°40′16″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

(4) Paragraph 3(f) after Table I of Part V of Schedule I to the English version of the Regulations is replaced by the following:

(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 Montmagny.

16 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, 2,611,981 and 2,611,982 of the cadastre of Quebec (all located in Montmagny municipality).

17 Note (a) of Table II of Part V of Schedule I to the Regulations is replaced by the following:

^(a) In the portion of District F that is south of Route 148 and is west of Highway 15, not more than two may be American Black Ducks.

18 The portion of items 1 and 2 of Table I of Part VI of Schedule I to the Regulations in column 5 is replaced by the following:

Item	Column 5 Open Season Woodcock
1	September 15 to December 16
2	September 15 to December 16

Item

Column 5

Open Season

Woodcock

September 15 to December 16

19 The portion of item 3 of Table 1 of Part VI of Schedule I to the Regulations in columns 2 and 4 to 6 is replaced by the following:

Article	Column 2	Column 4	Column 5	Column 6
	Waterfowler Heritage Day	Open Season
	Ducks (Other than Harlequin Ducks), Rails (Other than Yellow Rails and King Rails), Gallinules, Coots, Snipe, Geese, Woodcock and Mourning Doves	Canada Geese and Cackling Geese	Woodcock	Mourning Doves
3	Second Saturday of September ^(b)	September 1 to December 16	September 15 to December 16	September 1 to November 30 ^(b)

20 The portion of item 4 of Table 1 of Part VI of Schedule I to the Regulations in columns 2, 3, 5 and 6 is replaced by the following:

Item	Column 2	Column 3	Column 5	Column 6
4	Third Saturday of September ^(b)	For a period of 106 days beginning on the fourth Saturday of September ^(c)	September 15 to December 20 ^(g) September 25 to December 20 ^(h)	September 1 to November 30 ^(b)

Item

Column 2

Column 3

Column 5

Column 6

Waterfowler Heritage Day

Open Season

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)

Woodcock

Mourning Doves

Third Saturday of September ^(b)

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

September 15 to December 20 ^(g)

September 25 to December 20 ^(h)

September 1 to November 30 ^(b)

21 Notes (a) to (c) of Table 1 of Part VI of Schedule I to the Regulations are replaced by the following: :

^(a) Except for the Mourning Dove.

^(b) Non-toxic shot required.

^(c) In Wildlife Management Unit 65, recorded Snow Goose and Ross’s Goose calls may be used when hunting those 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.

22 Note (g) of Table 1 of Part VI of Schedule I to the Regulations is replaced by the following:

^(g) In Wildlife Management Units 60–67, 69B.

^(h) In Wildlife Management Units 68, 69A, 70–95.

23 Paragraph 4(d) after Table I of Part VI of Schedule I to the Regulations is replaced by the following:

(d) that portion of the St. Lawrence River within Lake St. Francis, 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, and situated beyond 300 m from the shore of the mainland or any island, from any area of emergent vegetation, or from any water line that forms a boundary of private property;

24 The heading of column 2 of Table I.2 of Part VI of Schedule I to the Regulations is replaced by “Period during which Snow Geese and Ross’s Geese may be killed”.

25 The headings of columns 4 to 7 of Table II of Part VI of Schedule I to the Regulations are replaced by “Snow Geese and Ross’s Geese”, “Other Geese”, “Rails (other than Yellow Rails and King Rails), Coots and Gallinules” and “Snipe”, respectively.

26 The portion of items 1 and 2 in columns 4 to 7 of Table II of Part VI of Schedule I to the Regulations is replaced by the following:

Item	Column 4 Snow Geese and Ross’s Geese	Column 5 Other Geese	Column 6 Rails (other than Yellow Rails and King Rails), Coots and Gallinules	Column 7 Snipe
1	20 ^(g)	5	10 ^(h)	10
2	no limit	15	30 ⁽ⁱ⁾	30

27 The heading of column 8 of Table II of Part VI of Schedule I to the Regulations is replaced by “Woodcock”.

28 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 be 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 12 may be American Black Ducks.

29 Note (e) of Table II of Part VI of Schedule I to the Regulations is replaced by the following:

^(e) Up to five additional Canada Geese or Cackling Geese, or any combination of them, may be taken daily in the following Wildlife Management Units:

⁽ⁱ⁾ 8, 10, 13, 36, 37, 39, 41 and 45 during the period beginning on September 1 and ending on September 9,

⁽ⁱⁱ⁾ 42 to 44 and 46 to 59 during the period beginning on September 1 and ending on the Friday preceding the third Saturday in September,

⁽ⁱⁱⁱ⁾ 60 to 81, 83, 86 to 92 and 95 during the 11-day period beginning on the first Thursday after Labour Day, and

^(iv) 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.

30 Note (g) of Table II of Part VI of Schedule I to the Regulations is replaced by the following:

^(g) Up to 30 additional Snow Geese or Ross’s Geese, or any combination of them, may be taken daily in the Hudson-James Bay District.

^(h) Not more than four may be Gallinules and not more than eight may be Coots.

⁽ⁱ⁾ Not more than 12 may be Gallinules and not more than 24 may be Coots.

31 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

Item	Column 1	Column 2	Column 3	Column 4	Column 5	Column 6	Column 7	Column 8
	Area	Waterfowler Heritage Days	Open Season
	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	Canada Geese and Cackling Geese RESIDENTS OF CANADA
1	Game Bird Hunting Zone No. 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	N/A
2	Game Bird Hunting Zone No. 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	N/A
3	Game Bird Hunting Zone No. 3	September 1 to September 7 ^(a)	September 1 to December 6 ^(a)	September 24 to December 6	September 1 to December 6	September 17 to December 6 ^(a)	September 8 to December 6	March 1 to March 10
4	Game Bird Hunting Zone No. 4	September 1 to September 7 ^(a)	September 1 to December 6 ^(a)	September 24 to December 6	September 1 to December 6	September 17 to December 6 ^(a)	September 8 to December 6	March 1 to March 10

32 Items 1 and 2 of Table I of Part VIII of Schedule I to the Regulations are replaced by the following:

Item	Column 1	Column 2	Column 3
	District	Waterfowler Heritage Days	Open Season
	District	Ducks, Geese, Coots, Snipe and Sandhill Cranes	Ducks, Geese, Coots, Snipe and Sandhill Cranes
1	No. 1 (North) and 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)

33 The column heading “Waterfowler Heritage Day” of Table I of Part IX of Schedule I to the Regulations is replaced by “Waterfowler Heritage Days”.

34 The column headings “Waterfowler Heritage Day” and “Mourning Doves” of Table I of Part X of Schedule I to the Regulations are replaced by “Waterfowler Heritage Days” and “Mourning Doves and Eurasian Collared-Doves”, respectively.

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

TABLE II

Bag and Possession Limits in British Columbia

Item	Column 1	Column 2	Column 3	Column 4	Column 5	Column 6	Column 7	Column 8	Column 9
Item	Limit	Ducks	White Geese (Snow and Ross’s Geese)	Dark Geese (Canada, Cackling and White-fronted Geese)	Brant	Coots	Snipe	Band-tailed Pigeons	Mourning Doves and Eurasian Collared-Doves
1	Daily Bag	8 ^{(a), (b), (c), (d)}	5 ⁽ⁱ⁾	5 ^(k), 10 ^(l)	3 ^(m)	10	10	5	5 ⁽ⁿ⁾
2	Possession	24 ^{(e), (f), (g), (h)}	15 ^(j)	15 ^(k), 30 ^(l)	9 ^(m)	30	30	15	15 ⁽ⁿ⁾
^(a)Not more than four may be Northern Pintails. ^(b) Not more than four may be Canvasbacks. ^(c) Not more than two may be Goldeneyes. ^(d) Not more than two may be Harlequin Ducks. ^(e) Not more than 12 may be Northern Pintails. ^(f) Not more than 12 may be Canvasbacks. ^(g) Not more than six may be Goldeneyes. ^(h) Not more than six may be Harlequin Ducks. ⁽ⁱ⁾ In Provincial Management Units 2-4 and 2-5, up to 15 White Geese including not more than five Ross’s Geese may be taken daily and in Provincial Management Units 2-2 and 2-3 and 2-6 to 2-19 inclusively, up to 10 White Geese including not more than five Ross’s Geese may be taken daily. ^(j) In Provincial Management Units 2-4 and 2-5, up to 45 White Geese including not more than 15 Ross’s Geese may be possessed and in Provincial Management Units 2-2 and 2-3 and 2-6 to 2-19 inclusively, up to 30 White Geese including not more than 15 Ross’s Geese may be possessed daily. ^(k) For White-fronted Geese only. ^(l) Any combination of Canada Geese and Cackling Geese. ^(m) Provincial Management Unit 2-4. ⁽ⁿ⁾ Any combination of Mourning Doves and Eurasian Collared-Doves.

36 The heading of Table I.2 of Part XIII of Schedule I to the French version of the Regulations is replaced by the following:

Mesures concernant les espèces surabondantes au Nunavut

Coming into Force

37 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.)

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 Goose and Snow Goose) can have a devastating effect on fragile ecosystems and/or cause significant crop damage.

In the fall of 2017, biologists from the Department’s Canadian Wildlife Service (CWS) 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, and information received from migratory game bird hunters and non-government 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 2018–2019 and 2019–2020 hunting seasons.

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 U.S. 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 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 (MBCA), which includes the Parksville Protocol. The objective of the Convention, the MBCA, and the Migratory Birds Regulations (MBR), made pursuant to the Act, is the conservation of migratory birds. The hunting of migratory game birds is regulated in both Canada and the U.S. 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 travelling to and from their breeding grounds through the establishment of annual hunting season dates, daily bag limits and possession limits.

The Black Duck International Harvest Strategy was adopted in 2012 by the Department 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 American Black Duck and regional populations of Mallard. This is the only species for which a formal international harvest strategy is required, because American Black Duck harvest is shared equally between the two countries. American Black Duck generally occurs only in Ontario and further east. Depending on population numbers, four different regulatory regimes can be put in place (liberal, moderate, restrictive and closed).

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.^{footnote 2} Within these limits, seasons are shortened to protect populations in geographic areas where there is concern over declining numbers. In different circumstances, 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 daily 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 and the Christmas Bird Count. The North American Breeding Bird Survey is a cooperative international avian survey conducted annually since 1966 in the U.S. 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.^{footnote 3} 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. 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 (MGBH) 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 regulations vary across districts or zones within each province or territory. Information regarding the geographic location of the districts or zones for each province or territory can be found in the Department’s Migratory Birds Hunting Regulations summaries. The districts or zones are based on the geographical units that the provinces and territories use to manage wildlife. Information on provincial management units is available from the provincial or territorial governments.

None of the changes made to the MBR impact the rights of Indigenous Peoples under the MBR. The MBR provide that status Indians and Inuit people may hunt migratory game birds in any area of Canada without a MGBH Permit.

The Department updates the hunting provisions of the MBR on a biennial cycle. The Department 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.

Objectives

The objectives of the amendments to Schedule 1 of the MBR 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.

Description

These amendments modified certain hunting season dates, daily bag limits and possession limits for the 2018–2019 and 2019–2020 hunting seasons for migratory game birds. Management measures for overabundant migratory game bird species were also included in the amendments. In addition to these amendments, a new hunting season in the Province of British Columbia (BC) will be introduced for the Eurasian Collared-Dove, considered to be an invasive species.

The Black Duck International Harvest Strategy recommends a liberal regulatory harvest package for the 2018–2019 hunting season (and by default for the 2019–2020 hunting season as well). Consistent with this recommendation, daily bag and possession limits for American Black Duck have been increased for the 2018–2019 and 2019–2020 hunting seasons in the Maritimes, Quebec, and Ontario.

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 were few amendments and they have minimal impact on stakeholders. Migratory game bird hunters are still able to hunt all species that they were able to hunt during the last hunting season, and are provided the additional opportunity to hunt Eurasian Collared-Dove in BC.

The amendments for the 2018–2019 and 2019–2020 hunting seasons are as follows:

Established a new hunting zone for sea ducks in Newfoundland

A new sea duck zone has been created on the northern tip and western side of the Northern Peninsula of Newfoundland. The season opens on November 1 and closes on February 14. This accommodates long standing requests from hunters for more hunting opportunity for migrant Common Eider breeding in northern Newfoundland and the southern coastal areas of Labrador, whose population appears to be increasing. This measure also allows hunters to hunt prior to the formation of ice in the Strait of Belle Isle. A corresponding change has also been made to the opening and closing season dates for the Southern Labrador Zone from November 1 to February 14.

Increased daily bag limit for American Black Duck in the Maritimes

The Black Duck International Harvest Strategy continues to be implemented for the 2018–2019 and 2019–2020 hunting seasons. A liberal regime is in effect throughout the Maritimes. Six American Black Ducks (formerly four) are allowed in the daily bag limit in Newfoundland, Prince Edward Island and Nova Scotia, and six (formerly three) in New Brunswick, for the first part of the hunting season. Due to an increase in harvest susceptibility later in the season, the daily bag limit is restricted as follows:

Newfoundland: four American Black Ducks for the last 30 days of the hunting season
Prince Edward Island: four American Black Ducks for the last 31 days of the hunting season
Nova Scotia: four American Black Ducks for the last 38 days of the hunting season in hunting Zone no. 1; and the last 39 days of the hunting season in hunting Zones no. 2 and no. 3
New Brunswick: four American Black Ducks for the last 31 days of the hunting season

Increased hunting season length for ducks and snipe in Nova Scotia and New Brunswick

The length of the season is increased for ducks (other than Harlequin Duck, Common and Red-breasted Merganser, Long-tailed Duck, eiders, scoters, goldeneyes and Bufflehead) in hunting Zone no. 1 from October 1 to January 7 (formerly October 1 to December 31), and for hunting Zones no. 2 and no. 3 from October 8 to January 15 (formerly October 22 to January 15) in Nova Scotia. The season length for Common and Red-breasted Merganser, Long-tailed Duck, eiders, scoters, goldeneyes and Bufflehead is increased in hunting Zone no. 1 from October 1 to January 7 (formerly October 1 to December 31) in Nova Scotia. The season length is increased for ducks (other than Harlequin Duck, Common and Red-breasted Merganser, Long-tailed Duck, eiders, scoters, goldeneyes and Bufflehead) and snipe in hunting Zone no. 1 from October 15 to January 14 (formerly October 15 to January 4) and in hunting Zone no. 2 from October 1 to December 31 (formerly October 1 to December 18) in New Brunswick. This amendment provides more hunting opportunities.

Increased daily bag limit for American Black Duck for all districts in Quebec

The Black Duck International Harvest Strategy continues to be implemented for the 2018–2019 and 2019–2020 hunting seasons. A liberal regime is in effect throughout the province of Quebec. Six American Black Ducks are allowed in the daily bag limit of all hunting districts in Quebec with the exception of a zone in District F, south of Route 148 and West of Highway 15, where the daily bag limit is 2.

Allowed hunting in a portion of the Montmagny - Cap Saint-Ignace hunting exclusion area in District F in Quebec

Hunting is allowed during the special Snow Goose conservation season in spring in a portion of the Montmagny - Cap Saint-Ignace hunting exclusion area in District F, that being in lot number 2 611 982 of the cadastre of Quebec. This measure provides additional opportunity to manage this overabundant species and contribute, through hunting, to reducing the size of the population.

Increased and combined hunting season length for eiders and Long-tailed Duck in a portion of District B in Quebec

Correcting an error made in the 2010 Hunting Regulations, in which differing seasons were indicated for these species, the season length is increased and combined for eiders and Long-tailed Duck in district B along the North Shore west of the Natashquan River. The hunting season for both species, eiders and Long-tailed Duck, is now from October 1 to October 24 and from November 15 to February 5. (The open season for eiders had been from October 1 to October 24 only, and the open season for Long-tailed Duck had been from November 15 to February 5 only). This amendment corrects a previous error and addresses hunters’ requests to provide more hunting opportunities.

Increased daily bag limit for American Black Duck in Ontario

The Black Duck International Harvest Strategy continues to be implemented for the 2018–2019 and 2019–2020 hunting seasons. A liberal regime is in effect throughout the province of Ontario. Four American Black Ducks are allowed in the daily bag limit in the Hudson-James Bay District (increased from two), Northern District (increased from two), and Central District (increased from one). Two American Black Ducks are allowed in the Southern District (increased from one). The season is extended to 107 days (increased from 90 days) in the Southern District.

Increased hunting season length for Mourning Dove in Central and Southern Districts in Ontario

The season length is increased for Mourning Dove in the Central and Southern Districts to 91 days (only districts where hunting of doves is allowed) from the former 70 days. A fixed opening date of September 1 and a fixed closing date of November 30 is now implemented in both districts. The season in the Central District had been from September 5 to November 13 and in the Southern District from September 7 to November 15). This change is similar to the prescribed standard regulatory package for the Eastern Management Unit from the Mourning Dove Harvest Strategy.

Increased harvest of Temperate-Breeding population of Canada Goose in Ontario

The season dates have been shifted in the Central District from the former opening date of the first Tuesday after Labour Day. The opening date is now September 1, and the closing date has been fixed to December 16 (maintaining a 107-day season). This change is targeted at trying to increase the harvest of Temperate-Breeding Canada Goose in this area to address the increase in human-goose conflicts. In addition, this proposal standardizes Canada Goose hunting season dates among the Hudson-James Bay, Northern, and Central Districts, thereby simplifying the Regulations for hunters.

Increased daily bag limit for Canada Goose and Cackling Goose during the early goose season in select Wildlife Management Units (WMUs) in the Northern District in Ontario

The daily bag limit is increased for Canada Goose and Cackling Goose from 5 to 10 during the early Canada Goose season (September 1 to 9) in certain WMUs (8, 10, 13, 37, 39), and WMU 41 in the Northern District. Local Temperate-Breeding Canada Goose populations are growing in these areas and resulting in local human-goose conflicts. This change helps to mitigate these issues.

Synchronized woodcock and Ruffed Grouse open season dates in all Hunting Districts in Ontario

The opening season dates for woodcock are now aligned with those for Ruffed Grouse in all hunting districts in the province. For the Hudson-James Bay, Northern, and Central Districts this date has been fixed to September 15 while the opening date for the Southern District is either September 15 or September 25 depending on the Wildlife Management Unit. This change has been adopted to simplify the hunting regulations for both species, which are often hunted at the same time, across the province for the benefit of hunters.

Clarified aggregate daily bag and possession limits for woodcock, coot, snipe, Ross’s Goose, and other geese in Ontario

The daily bag and possession limits have been clarified for aggregated marsh game birds and “other” geese. The daily bag and possession limits for coot are aggregated with woodcock. This change clarifies that coot has been aggregated with other marsh game birds, including gallinule, and snipe has been removed from this grouping. Furthermore, Ross’s Goose has been aggregated with the Snow Goose daily bag and possession limits. Lastly, White-fronted Goose and Brant have been changed to “Other Geese” to be consistent with daily bag and possession limits in other provinces (e.g. Quebec, New Brunswick).

Increased hunting season length in Zones no. 3 and no. 4 in Manitoba

The hunting season length is increased for ducks, geese, Sandhill Crane, woodcock, snipe, and coot in Game Bird Hunting Zones no. 3 and no. 4 for residents and non-residents. The season now closes on December 6 instead of November 30.

In recent years, late freeze-ups and increasing artificial water sources have held large numbers of ducks and geese in parts of southern Manitoba into December, prompting requests from hunters to extend the season. The increase in harvest of migratory birds is expected to be negligible, but will be monitored using existing harvest survey programs and banding data for some species of ducks and geese.

Establishment of a spring season (early March) for Temperate-Breeding Canada Goose and Cackling Goose in Manitoba

An early spring season is established for Canada and Cackling Goose for residents of Canada, from March 1-10 in Game Bird Hunting Zones no. 3 and no. 4. Other jurisdictions (e.g. Ontario) have introduced March seasons to increase harvest of Temperate-Breeding Canada Goose, while providing additional hunting opportunity. Recently, Manitoba has experienced early spring melts and geese (thought to be mainly Temperate-Breeding Canada Goose) have arrived in southern Manitoba in late February and early March. All populations of Canada and Cackling Goose that migrate through Manitoba are banded annually for harvest management purposes, and while harvest during this period is anticipated to be small in most years, any contributions to annual harvest rates during this season will be monitored using band recovery data.

Extended falconry season throughout Saskatchewan

The falconry season (September 1 to December 16) has been extended throughout the province as the season was previously only open in the southern part of Saskatchewan. This measure provides additional opportunity for hunters.

Increased daily bag and possession limits for Snow Goose in BC

The daily bag and possession limits have increased for Snow Goose within Migratory Bird Hunting Zone no. 2. Daily bag limits increase from 5 to 15 and possession limits increase from 15 to 45 in Provincial Management Units 2-4 and 2-5 only; and daily bag limits increase from 5 to 10 and possession limits increase from 15 to 30 in Provincial Management Units 2-2, 2-3, and 2-6 to 2-19. Snow Goose populations have increased and this has both economic and safety implications. This leads to potential conflicts with aviation operations at the Vancouver International Airport (YVR), perennial crop (hay and pasture) damage, nuisance issues in nearby urban areas, and ecological damage to the bulrush marshes on the Fraser River delta. The population goal for the Fraser-Skagit Snow Goose population of 50 000–70 000 birds was set to maintain a sustainable population of Snow Goose while minimizing economic, nuisance, and safety concerns. The Fraser-Skagit harvest strategy calls for an increase in harvest in response to the last population estimate of 108 000 birds to bring the population back to the established sustainable population goal and address nuisance and safety issues. Increasing the daily bag and possession limits for Snow Goose provides additional opportunities to manage this species and contributes to reducing the growth and size of its populations through hunting.

Increased daily bag and possession limits for Brant in BC

The daily bag limit for Brant is increased from two to three, and the possession limit is increased from six to nine in Provincial Management Unit 2-4. This accommodates requests from hunters. The amendment increases hunting opportunity while having negligible effects at the population level.

Establishment of a hunting season for Eurasian Collared-Dove in BC

A hunting season for Eurasian Collared-Dove is opened in BC. The daily bag and possession limits have been aggregated with the limits for Mourning Dove. Daily bag and possession limits for Eurasian Collared-Dove will be at five and fifteen birds, respectively, which is consistent with the Mourning Dove limits. Eurasian Collared-Dove has undergone a major range expansion in BC and this invasive species is now found across the southern half of the province and as far north as Dease Lake. This invasive species is identified in the list of birds protected in Canada under the MBCA. The MBCA allows for the setting of hunting seasons, which is the only management tool currently available to help manage Eurasian Collared-Dove. Eurasian Collared-Dove is fairly similar to Mourning Dove and the two species can easily be confused. Under the previous Regulations, Mourning Dove was harvested but Eurasian Collared-Dove was not. This change allows the take of Eurasian Collared-Dove and will help control this invasive species.

Administrative amendments

The following administrative amendments have been made:

Clarified the language of the MBR regarding the deposition of bait fourteen days prior to, and during, an open season for scientific (including baiting) and aviculture purposes
Aligned French text with the English text, corrected grammar and wording

Continued management

In cases where no changes to current daily bag and possession limits and hunting seasons were proposed, the Department determined that current levels continue to promote a sustainable bird harvest.

“One-for-One” Rule

The 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.

Small business lens

The amendments to Schedule 1 of the MBR 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 such, there are no compliance costs and no 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 on small businesses.

Consultation

During the formal public consultation between January 27 and February 26, 2018, the Department received several comments which were generally positive and supportive of the proposed changes to the MBR for the next two hunting seasons. The following comments were received:

Country-wide

One large hunter organization expressed their support for the proposed changes across the country. They also offered some suggestions for the next round of amendments to the MBR. Those suggestions will be carefully examined and considered by the Department, and discussed at the next regional waterfowl stakeholder meetings.

Two animal rights non-governmental organizations (NGOs), expressed in a common letter an opposition to overabundant seasons. They also want to remove the “overabundant” classification designation for Greater and Lesser Snow Goose and Ross’s Goose, as well as dismantle the special conservation measures for all of these species.

The objective of the Greater and Lesser Snow Goose and Ross’s Goose population management strategies was to reduce their populations. The two NGOs stated they believe this strategy has been a failure despite extended seasons, increased daily bag limits, unplugged shotguns, electronic calls, and other incentives to attract more hunters to kill more birds. They stated their belief that hunting as a “conservation management tool” for these species has failed and that the “new tools” passed in 1999, which amended the MBR to help manage the “overabundant” geese species, have failed to achieve the stated goals of reducing populations of Greater Snow Goose and Lesser Snow Goose, and more recently Ross’s Goose. They want the Department to decline the changes proposed for the 2018–2019 hunting seasons and repeal the “overabundant” seasons. Furthermore, they stated their belief that the strategy is being driven by the North American Waterfowl Management Plan ^{footnote 4} (NAWMP) and that target numbers are arbitrary, as is the determination of “overabundance.”

The overabundance designation is set in law. Section 23.1 of the MBR states: “The holder of a migratory game bird hunting permit may, in accordance with subsection (3), kill birds of a species of migratory game bird that, as a result of the rate of increase of the population of that species or its overabundance, is injurious to or threatens agricultural, environmental or other similar interests.” Greater Snow Goose, Lesser Snow Goose and Ross’s Goose all meet the criteria for designation as overabundant species due to sustained increases in their abundance and concerns about their impacts on some arctic habitats and on agricultural interests. Recent studies have also shown that large Snow Goose populations can have negative impacts on other species which breed in the same areas, particularly shorebirds. Overabundance regulations have been in place since 1999 for Greater Snow Goose and Midcontinent Lesser Snow Goose; and since 2014 for Ross’s Goose and Western Arctic Snow Goose; to allow increased harvest in Canada.

Management of overabundant species is a science-based process that relies on the most up-to-date information. Increases in harvest levels following enactment of these regulations has been well documented and in some cases appears to have had a significant impact on the growth of the population. A case in point is the Greater Snow Goose which, since the U.S. joined in conservation efforts with a Conservation Order in 2009, saw a significant increase in harvest rates and, as a result, the growth of the Greater Snow Goose population appears to have been curtailed, and is now fairly stable at between 800 000 and 1 million birds. The midcontinent population of Lesser Snow Goose is the largest population of geese in the world, and though it has not declined noticeably since overabundance regulations began, harvest has increased and the rate of population growth has declined over the past two decades. There are also signs that density-dependent processes have led to reduced productivity of this population, and this has likely contributed to declining population growth rate. Although the midcontinent population of Lesser Snow Goose may be too large to be controlled only through hunting, there are over 12 million of them compared to only 1–2.5 million each of Ross’s Goose, Western Arctic Snow Goose, and Greater Snow Goose.

In the case of Greater Snow Goose, the Department has learned that the time to attempt population management is when overabundant populations are still of “manageable size.” In the case of Midcontinent Lesser Snow Goose, continued harvest coupled with declining production of gosling could eventually induce population decline. Regulations to address overabundance of Ross’s Goose and Western Arctic Snow Goose have only been in place for a few years in Canada, and there have been additional efforts to increase harvest of these populations in the U.S. It is too early to know if these efforts have been successful in reducing growth rates of these populations. These results indicate that special conservation measures for overabundant geese can be effective when applied to populations that are not too large.

There remain concerns about potential negative impacts of ever-increasing populations of these arctic-nesting species on arctic and sub-arctic habitats, on other species that use similar habitats, and on agricultural interests in Canada. In the meantime, research is continuing into the quality and availability of goose habitat in arctic Canada, and the potential impacts of large populations of arctic geese on their habitats and on species breeding on the same breeding grounds. Results from such studies will be integrated into a science-based management decision framework to determine the most appropriate actions in the future.

Newfoundland

In Newfoundland, one hunter suggested an earlier November opening season date for sea duck hunts on the northeast coast, with no extension at the end of the season, as the earlier opening would allow more hunting opportunities before the bays freeze and harsh winter weather arrives. Most small communities have adjacent bays that freeze up early in November, thus limiting access for hunters to the outside waters where sea ducks migrate from the north. ECCC conducted a hunter opinion survey in 2010, and one of the questions concerned the opening dates for duck hunting on the northeast coast. The majority of hunters in the northeast coast area that participated in the survey were not supportive of a shift to earlier season dates.

Nova Scotia

Hunters in Nova Scotia suggested extending the end of the season by two weeks instead of the proposed two-week extension at the beginning, as there is little waterfowl hunting activity until at least the end of October into November, when large numbers of birds are predominantly found.

The Black Duck International Harvest Strategy was adopted in July 2012 by the Department and the U.S. Fish and Wildlife Service. The strategy was designed to identify appropriate harvest levels in Canada and the U.S. The harvest strategy was first implemented in 2013–2014 and consists of pre-defined regulatory packages in Canada and the U.S. Country-specific harvest opportunity (season length and daily bag limits) is determined from an expected harvest rate distribution defined as regulatory alternatives. Canada developed four regulatory packages (liberal, moderate, restrictive and closed). The harvest strategy is re-evaluated every year based on the new information collected over the year either through surveys or harvest data. The Department recognizes that some hunters would like to see changes in the season dates and daily bag limits to accommodate local preferences. However, a few years may be required before the impacts of any new daily bag limit and season date combinations on local Black duck population can be measured. Once sufficient information is collected, the department will re-evaluate the regulatory packages that are contained in the strategy and will submit any modifications for consultations.

Ontario

A large hunting organization in Ontario, suggested future discussions with the Department regarding the possibility of opening a Sandhill Crane hunt in parts of Ontario, as well as the establishment of a Mourning Dove season in the Northern District in areas where birds are abundant, such as the lesser clay belt. Those suggestions will be discussed at the next Ontario waterfowl stakeholder meetings.

In Ontario, duck hunters expressed support for the increased daily bag limits and additional hunting days for American Black Duck. They also suggested that the woodcock season should open earlier, on the same day as that for snipe. With regard to Snow Goose harvest, there has been some suggestion to open up seasons across southern and eastern Ontario, and not restrict it to only WMU 65, as populations are considered overabundant and are now more prevalent in the spring and fall.

During the 2016 hunting regulations meeting with stakeholders, which included this hunting association, it was determined that the Department would examine the hunting season opening dates for woodcock in relation to Ruffed Grouse hunting seasons in Ontario. There was consensus among stakeholders that an effort would be made to simplify the hunting regulations for these species for both hunters and enforcement, given that many hunters tend to hunt both at the same time. During the 2017 meeting, the only concern raised by this association was over the possible loss of hunting days in the Hudson-James Bay District, but this concern was shown to be unsubstantiated because of the low abundance and distribution of woodcock in this area. As such, the current proposal represents consensus among stakeholders. In 2018, the Department will assess the current Snow Goose hunting seasons in Ontario to determine possible changes to the hunting regulations in the future. Outcomes from this assessment will be discussed among stakeholders at the 2018 hunting regulations meeting.

British Columbia

A hunting association and individual hunters in BC proposed an increase to the daily bag and possession limits for Canada Goose in Provincial Management Units 1-1, 1-2, and 1-4 to 1-7 within Migratory Bird Hunting Zone 1, as geese have become a nuisance to the point of destroying the environment as well as farmers’ fields. The Department will assess the effect of such a proposal and conduct proper public consultations. It will be considered during the next regulatory cycle planned for fall 2020.

Regarding the new hunting season for Eurasian Collared-Dove in BC, comments received from hunters were positive and supported the new hunt for this species. They also suggested extending the hunting season to all districts (8 districts) in BC and not restricting it to only Districts 3, 4 and 8, as it is an invasive species throughout the province. The Department could not assess the effects of a broader Eurasian Collared-Dove season in BC without engaging in an assessment of seasons for Mourning Dove. This proposal will be revisited during the next regulatory cycle.

Hunters provided comments on Black Brant regulation proposals in BC. Some would like to see the season lengths increased. Based on the relatively small number of hunting areas, coupled with the relatively small groups of regular dedicated hunters and low hunter recruitment, extending the hunting season would pose marginal added pressure on the current stocks going forward. The Department believes that implementing a season extension at the same time as increasing the daily bag limit would increase pressure on the recovery of the local Brant population to historic levels. An informal hunter survey conducted by BC in 2017 indicated that the majority of Brant hunters preferred a larger daily bag limit over a longer season.

Nunavut and the Northwest Territories

Given the frequency at which wildlife management boards meet, it was not possible to consult with the Nunavut Wildlife Management Board to discuss the proposed changes increasing the possession limit for non-residents of Canada for ducks, Canada and Cackling Goose, Brant, White-fronted Goose, and snipe. Therefore, the proposed changes are not being implemented at this time, pending further consultations with the board.

Two Indigenous communities in the Northwest Territories expressed opposition to the proposed changes increasing the possession limit of non-residents of Canada for ducks, Canada and Cackling Goose, and Brant. Therefore, the proposed changes are not being implemented at this time, until the concerns of the communities are addressed.

Rationale

The purpose of the amendments to Schedule I of the MBR is to ensure a sustainable harvest of migratory game bird populations in Canada. The Department 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 Conventionand the amending protocol for the long-term conservation of shared species of migratory birds with the U.S. for their nutritional, social, cultural, spiritual, ecological, economic, and aesthetic values, and for the protection of the lands and waters on which they depend. These amendments are 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 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 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 non-hunting uses of migratory birds. 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.

In accordance with the Cabinet Directive on Environmental Assessment of Policy, Plan and Program Proposals, a Strategic Environmental Assessment was conducted in 2018 and concluded that these biennial amendments, which ensure that the harvest of migratory game birds remain sustainable, will help to positively impact on several goals including healthy wildlife populations and effective action on climate change. 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.

Anticipated benefits and costs

These regulatory amendments modify hunting season dates, daily bag and possession limits, and introduce other modifications that work towards protecting and conserving migratory game birds during their nesting season and when travelling to and from their breeding grounds. In the case of overabundant species, the regulatory amendments also help protect agricultural and environmental interests from potential destruction through overuse by these populations. For example, habitat loss from the destructive foraging activities of Lesser Snow Goose and Ross’s Goose has occurred in parallel with very rapid population growth in the central and eastern Arctic. ^{footnote 5} Overabundant migratory bird species could cause damage to agriculture or environmental interests at any point during their migration. An increased harvest of migratory game birds helps protect these interests.

By controlling overabundant species, these amendments help to reduce economic losses from crop damage, and ensure that these benefits are sustained into the future. Risks associated with increased 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. As of March 31, 2017, there were 1 754 waterfowl claims resulting in $13.4 million CDN in compensation paid by the Government of Saskatchewan. ^{footnote 6} In the same year in Manitoba, the provincial government estimates that approximately $624,000 CDN in compensation was paid as part of its Wildlife Damage Compensation Program for crop damage caused by waterfowl. ^{footnote 7}

A sustainable migratory bird harvest also helps secure the future use of migratory birds as part of the traditional lifestyle of Indigenous Peoples in Canada.

Given that many of these amendments increased the hunting season or daily bag and/or possession limits in provinces or territories, there is a benefit for Canadian hunters, outfitters and other stakeholders that enjoy hunting in Canada. Special conservation measures for overabundant species such as Snow Goose and Ross’s Goose increased daily bag limits or/and possession limits in Quebec, BC, and Nunavut, which also creates new opportunities for hunters to harvest more birds annually. Such benefits were not monetized as they are expected to be of low magnitude.

It was estimated that the increased costs to enforce the Regulations will be approximately $36,000 CDN per season due to the fact that many hunting season lengths have been extended across Canada. Other incremental costs to government to implement these measures will be minimal, as new costs beyond current needs for compliance promotion and administration of the Regulations are minimal.

Implementation, enforcement and service standards

The Department has developed a compliance strategy and promotion plan for the amendments to Schedule I of the MBR. Compliance with the amendments will be promoted to hunters via the publication of regulatory summary brochures, outlining the season dates, daily bag and possession limits for each of the 2018–2019 and 2019–2020 hunting seasons .The regulation summary brochures are distributed at the point of sale of MGBH Permits, posted on the Department’s website, and available for download when hunters purchase MGBH Permits online.

Amendments to the fine regime, enforcement and sentencing provisions of the MBCA and the Designation of Regulatory Provisions for the Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations came into force on July 12, 2017. The new fine regime will be applied by courts following a conviction pursuant to the MBCA or the Regulations. Designated offences, which involve direct harm or risk of harm to the environment, or obstruction of authority, are subject to the regime of minimum and higher maximum fines, in order to ensure that fines reflect the seriousness of offences under the MBCA. For example, the fine range associated with a designated offence for an individual on summary conviction is no less than $5,000 CDN and no more than $300,000 CDN, or imprisonment for a term of not more than six months, or both. Fines are doubled for second or subsequent offences.

In addition, the Environmental Violations Administrative Monetary Penalties Regulations (AMPS Regulations) came into force on June 2, 2017.

Administrative monetary penalties (AMPs) will be available to game officers to enforce designated violations of the MBCA and its associated regulations. An AMP is a financial disincentive to non-compliance and provides an additional tool for officers, to supplement existing enforcement measures. The amount of a single AMP cannot exceed $5,000 in the case of an individual, or $25,000 in the case of a person other than an individual.

More information about the AMPs regime can be found on the Department’s website and in its Policy Framework to implement EVAMPA.

Departmental enforcement officers and provincial and territorial conservation officers enforce the MBR by, for example, patrolling hunting areas and verifying compliance of hunters with regard to permits, hunting equipment, daily bag and possession limits.

Contact

Caroline Ladanowski
Director
Wildlife Management and Regulatory Affairs Division
Canadian Wildlife Service
The Department of the Environment
Gatineau, Quebec
K1A 0H3
Telephone: 819-938-4105
Email: caroline.ladanowski@canada.ca

Footnotes

Footnote a

S.C. 2009, c. 14, s. 101

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Footnote b

S.C. 1994, c. 22

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Footnote 1

C.R.C., c. 1035

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Footnote 2

Article II 4(a)(ii) of the 1995 Protocol amending the 1916 Convention between the United Kingdom and the United States of America for the Protection of Migratory Birds in Canada and the United States allows for earlier hunting seasons for residents who live in Canada’s North. For example, since the 2009–2010 hunting season, in some regions of the Yukon the hunting season starts as early as August 15.

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Footnote 3

An overabundant population is one for which the rate of population growth has resulted in, or will potentially result in, a population whose abundance is injurious to or threatens agricultural, environmental or other similar interests.

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Footnote 4

The North American Waterfowl Management Plan is an international plan to conserve waterfowl and migratory birds in North America. It was established in 1986 by Canada and the United States, and expanded to include Mexico in 1994.

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Footnote 5

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.

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Footnote 6

Saskatchewan Crop Insurance Corporation, 2017. Annual Report 2016-2017, June 2017.

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Footnote 7

Manitoba Agricultural Services Corporation, 2016. Annual Report 2015-2016, March 2016.

Return to footnote 7 referrer

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