Vol. 135, No. 14 — July 4, 2001

Registration
SOR/2001-234 14 June, 2001

MIGRATORY BIRDS CONVENTION ACT, 1994

Regulations Amending the Migratory Birds Regulations

P.C. 2001-1164 14 June, 2001

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 12 of the Migratory Birds Convention Act, 1994(see footnote a), hereby makes the annexed Regulations Amending the Migratory Birds Regulations.

REGULATIONS AMENDING THE MIGRATORY BIRDS REGULATIONS

AMENDMENT

1. Subsections 5(1) and (2)(see footnote 1) of the Migratory Birds Regulations (see footnote 2) are replaced by the following:

5. (1) No person shall hunt a migratory bird except under authority of a permit therefor.

(2) Subject to subsection 8, no person shall hunt murres except if the person is a resident of the Province of Newfoundland and Labrador, holds a migratory game bird hunting permit and is hunting for human food only.

COMING INTO FORCE

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The objective of the amendments to the Migratory Birds Regulations is to introduce a mandatory requirement for murre hunters in the Province of Newfoundland and Labrador to purchase a Migratory Game Bird Hunting Permit and Habitat Conservation Stamp starting in the fall of 2001. Without the Migratory Game Bird Hunting Permit there is no direct way of knowing how many people hunt murres or how many birds are taken, elements that are important to any game management program. This information is needed not only for the management of the resource but also for the management of the hunt, providing a level of insurance against over-harvest and for continuation of the hunt into the future. A large percentage of murre hunters already hold a Permit (58 percent) to hunt migratory game birds (ducks, geese, snipe, etc.); therefore many of the murre hunters will not be affected. This amendment would complete the suite of measures ensuring that the murre harvest management is consistent with migratory game bird harvest management procedures throughout Canada.

The first amendments to the Migratory Birds Regulations were made in 2000 to implement recent changes to the Migratory Birds Convention with the United States with respect to the murre harvest under the Parksville Protocol. These amendments confirmed the privilege of residents of the Province of Newfoundland and Labrador to hunt murres for food, ensured the conservation of murre populations by managing the harvest at a sustainable level, set out hunting zones, bag and possession limits and season dates and allowed murre hunters to hunt from a moving power boat.

The hunting of murres, a collective term for the Common Murre and the Thick-billed Murre, is a long-standing traditional activity in Newfoundland and Labrador where the birds have been taken for subsistence purposes for hundreds of years. The murre harvest is comprised largely of Thick-billed Murres which originate from colonies in the Eastern Canadian Arctic, Greenland, and possibly Europe. The Common Murre, which originates from large colonies in Newfoundland and Labrador, comprises only a small percentage (10 to 15 percent) of the overall harvest. To date, we have not been able to consistently estimate the total harvest of murres because there has been no requirement for murre hunters to hold a Migratory Game Bird Hunting Permit. Between 1977 and 1990, the average harvest by murres hunters who held Permits was approximately 400,000 birds. Including an extrapolation for non-Permit holders brought the total harvest estimate to roughly 800,000 birds, a level considered unsustainable for the populations. Today, accurate estimates of the harvest cannot be done, since only a portion of the hunting group can be surveyed for the harvest effort.

In the 1980s, Environment Canada recognized that the annual harvest of Thick-billed Murres likely exceeded sustainable levels. Environment Canada implemented an extensive public education campaign to encourage the hunting community to practice conservation. Between 1993-1994 and 1999-2000 the murre hunt was controlled through an Administrative Order under the Migratory Birds Convention Act. In 2000, amendments were made to the Migratory Birds Regulations which allowed the regulation of hunting zones, bag and possession limits and season dates starting in the 2000-2001 season. Since these restrictions have been in place, the harvest of murres has been reduced by approximately 66 percent, to a level which is felt to be sustainable for the population.

Presently, it is estimated that there are approximately 8,000 murre hunters in the Province of Newfoundland and Labrador. Of these, around 58 percent already purchase the Migratory Game Bird Hunting Permit and the associated Habitat Conservation Stamp required to hunt ducks, geese and snipe, etc. at an annual cost of $17.00. Therefore, the number of hunters likely affected by this Regulation would be approximately 3,400. Arrangements have been made with Wildlife Habitat Canada, the organization which receives the Habitat Conservation Stamp revenue, to use the revenue accrued from the purchase of the Stamp by murre hunters directly on murre conservation efforts throughout their range. This is an action widely supported by the Province of Newfoundland and the Murre Advisory Group (MAG). The MAG is a multi-stakeholder group composed of many individual hunters, hunting associations, the Province and Environment Canada officials which has met annually since 1993-1994 to discuss murre harvest and conservation.

Alternatives

Status Quo

The main purpose of the Migratory Game Bird Hunting Permit is to provide a sampling frame for the National Harvest Survey to conduct scientifically valid surveys of the hunters' take, thereby providing key information necessary for managing a sustainable migratory game bird hunt. The information collected from the purchaser when the Migratory Game Bird Hunting Permit is purchased includes name, address, date of birth and whether the permit holder obtained a permit the previous year; these data go into a national database maintained by Environment Canada. Statistically designed harvest surveys can then be conducted on an annual basis to facilitate the Department's ability to identify what species are being harvested, where and when.

To date the information collected on the murre harvest has been very limited since not all murre hunters have been required to purchase a Permit. If less than half of the murre hunters do not purchase the Permit and therefore are not included in harvest surveys, the ability to properly manage the harvest is seriously hampered. For example, the average annual harvest by existing permits holders is an estimated 134,000 birds per year. However, this estimation has to be extrapolated significantly (almost doubling) to account for the murre hunters who do not purchase a Permit.

The National Harvest Survey which provides harvest information was instituted in 1967 with the purpose of managing populations. It includes the Harvest Questionnaire Survey on sport hunting activities and total kills and the Species Composition Survey on the harvest composition. The names of collaborators to be contacted are chosen from the itemized population of competitive hunters contained in the database of holders of a Migratory Game Bird Hunting Permit.

The result of maintaining the status quo would be to restrict the ability of Environment Canada's to manage the murre harvest and ensure effective conservation of the species with the best available information.

Benefits and Costs

Minimal negative socio-economic impacts are expected in Newfoundland and Labrador as a result of requiring all murre hunters to purchase a Permit.

In terms of cost, this Regulation is likely to affect close to 3,400 hunters or 42 percent of the estimated murre hunter group in Newfoundland and Labrador. It will mean an annual cost of $17.00 to each newly permitted hunter ($8.50 for the Migratory Game Bird Hunting Permit and $8.50 for the Habitat Conservation Stamp), a relatively small expenditure compared to the annual costs of purchasing ammunition, gas and provincial and federal permits and licenses.

Bringing the rest of the murre hunters into the regulatory regime would create a level playing field for all hunters in Newfoundland and Labrador.

According to estimates based on the Environment Canada document, The Importance of Nature to Canadians (published in 2000), $11.7 billion in expenditures was associated with recreational activities that depend on wildlife and the natural areas that they use. Wildlife (birds and mammals) directly supported $3.6 billion of these expenditures. Migratory birds generated a portion of this spending; over $527 million was spent on recreational waterfowl-related activities, of which $94.4 million was associated with waterfowl hunting. It was estimated that the $94.4 million in waterfowl hunting expenditures contributed $93.4 million to the Gross Domestic Product and sustained approximately 1,600 jobs. Federal and provincial revenue from taxes derived from this activity was estimated at $44.4 million. The amendment will help to ensure that these benefits are sustained year after year. The substantial international benefits provided to citizens of the United States and Latin America are only partially included in these estimates.

Strategic Environmental Assessment

Assessments of the potential environmental effects that will result from having better management of the murre harvest are positive. The Migratory Game Bird Hunting Permit requirement will facilitate the Department's ability to track the number of people who hunt murres and estimate the number of birds harvested each season. These are elements that are important to any game management program. This information is needed not only for the management of the resource but also for the management of the hunt, providing a level of insurance against over-harvest and for continuation of the hunt into the future. Therefore, this Regulation will result in positive environmental effects by facilitating the maintenance of healthy and sustainable populations of murres.

Consultation

The consultation process for the conservation of murre populations began in the mid-1980s when Environment Canada personnel held public information meetings throughout the province to advocate conservation and educate hunters about the life cycle of the animal. The consultation process is now largely conducted through the Murre Advisory Group, a multi-stakeholder group composed of many individual hunters, hunting associations, the province and Environment Canada officials. Since 1993-1994, this group has met annually to review proposed bag limits, season dates and hunting zones in Newfoundland and Labrador. The recommendations of this group influence the annual establishment of the harvest restrictions.

Through news releases, radio interviews, television programs, public meetings and one-on-one dockside interviews considerable effort has been made to advise the public about murre conservation concerns. The murre hunting community in Newfoundland and Labrador has embraced, through these previous public education efforts, the importance of conservation of murres and supports this regulatory initiative.

Early notice of the proposal to improve the management of a sustainable murre harvest was included in Environment Canada's November 1997 and 1998 editions of the Status of Migratory Game Birds in Canada, and in the December 1997, 1999 and 2000 editions of the annual consultation document, Migratory Game Birds in Canada: Proposals for Hunting Regulations. These reports are widely distributed to organizations with an interest in migratory bird conservation in Canada, the United States and other countries. Beginning in November 2000, current reports were also posted on the Canadian Wildlife Service Web site. Interested parties include biologists, hunters and native groups. The reports are also distributed to non-government groups, such as the Canadian Wildlife Federation and its provincial affiliates, the Canadian Nature Federation, World Wildlife Fund, the Nature Conservancy of Canada and Ducks Unlimited. No objections have been received to date.

Further consultations will be held with the Murre Advisory Group and other interest groups concerning the proposal. A notice of intent has already gone out in the 2001 provincial hunting and fishing guide.

The proposed amendments to the Migratory Birds Regulations were pre-published in the Canada Gazette, Part I, on April 28, 2001, for a 30-day period and no comments were received.

Compliance and Enforcement

Under the Migratory Birds Convention Act, 1994, and considering case law, the typical penalty for a summary conviction of an individual for a violation under the Act is approximately $500. Minor offences will be dealt with under a ticketing system. There are provisions for increasing fines for a continuing or subsequent offence. However, an individual may receive a $50,000-maximum fine and/or up to six months in jail for summary (minor) conviction offences and a $100,000-maximum fine and/or up to five years in jail for indictable (serious) offences. Corporations face maximum fines of $100,000 and $250,000 for summary convictions and indictable offences, respectively.

The amendments will facilitate the dissemination of information regarding bag and possession limits, seasons and zones for murres to hunters. The information will be incorporated into national publications, the provincial hunting guide and, as appropriate, press releases or public service announcements.

Canadian Wildlife Service game officers will be primarily responsible for enforcement of the Migratory Birds Regulations. This amendment will necessitate additional enforcement efforts with respect to inspecting hunting areas, hunters for hunting permits, hunting equipment and the number of migratory game birds taken and possessed.

Contacts

Steve Wendt, Chief
Migratory Birds Conservation Division
Canadian Wildlife Service
Environment Canada
Ottawa, Ontario
K1A 0H3
Tel.: (819) 953-1422
FAX: (819) 994-4445
E-mail: steve.wendt@ec.gc.ca

Douglas Bliss, Manager
Wildlife Conservation Division
Canadian Wildlife Service
Environmental Conservation Branch
Environment Canada
Sackville, New Brunswick
E4L 1G6
Tel.: (506) 364-5048
FAX: (506) 364-5062
E-mail: doug.bliss@ec.gc.ca

Bonnie Lidstone
Regulatory Analyst
Program Integration Branch
Canadian Wildlife Service
Environment Canada
Ottawa, Ontario
K1A 0H3
Tel.: (819) 994-6354
FAX: (819) 953-6283
E-mail: bonnie.lidstone@ec.gc.ca

Footnote a

S.C. 1994, c. 22

Footnote 1

SOR/2000-331

Footnote 2

C.R.C., c. 1035

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