Vol. 148, No. 13 — June 18, 2014

Registration

SOR/2014-136 May 29, 2014

MIGRATORY BIRDS CONVENTION ACT, 1994

Regulations Amending the Migratory Birds Regulations

P.C. 2014-622 May 29, 2014

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. Schedule I to the Migratory Birds Regulations (see footnote 1) is amended by replacing the references after the heading “SCHEDULE I” with the following:

(Subsections 5(4) and (11), sections 7 and 8, subsections 10(1) and (2), paragraphs 13(2)(a) and (c), 15(1)(c) and 15.1(2)(a) and (b), subsections 23.1(2) and (3) and 23.3(1), subparagraph 23.3(2)(d)(iii), subsection 23.3(3) and subparagraph 23.3(4)(d)(ii))

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

(a) Not more than one may be Barrow’s Goldeneye and not more than four may be American Black Ducks.

3. 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. During the period beginning on October 1 and ending on November 7, not more than four may be Mallard-American Black Duck hybrids or American Black Ducks or any combination of them and, during the period beginning on November 8 and ending on December 31, not more than two may be Mallard-American Black Duck hybrids or American Black Ducks or any combination of them.

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

Item Column 3

Ducks (Other Than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders, Scoters, Goldeneyes and Buffleheads)		 Column 4

Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders, Scoters, Goldeneyes and Buffleheads
1. October 1 to December 31 October 1 to December 31
2. October 22 to January 15 October 8 to January 15
3. October 22 to January 15 October 8 to January 15

5. 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 and not more than four may be American Black Ducks.

6. 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), Geese (other than Canada Geese and Cackling Geese) and Snipe
1. October 15 to January 4
2. October 1 to December 18

7. 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 and not more than three may be American Black Ducks.

8. The portion of items 2 to 4 of Table I of Part V of Schedule I to the Regulations in column 7 is replaced by the following:

Item Column 7

Woodcock
2. 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
3. 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
4. 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

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

(a) Not more than four may be American Black Ducks, except in the portion of District F that is west of Route 155 and Highway 55, in which case not more than two may be American Black Ducks.

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

Item Column 3

Ducks (other than Harlequin Ducks), Rails (other than Yellow Rails and King Rails), Gallinules, Coots, Snipe and Geese (other than Canada Geese and Cackling Geese)
4. For a period of 106 days beginning on the fourth Saturday of September (b), (f)

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

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

12. Paragraphs 4(c) and (d) after Table I of Part VI of Schedule I to the Regulations are replaced by the following:

13. Table I.1 of Part VI of Schedule I to the Regulations is renumbered as Table I.2.

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

Item Column 3

Canada Geese and Cackling Geese
1. 5 (c), (d), (e), (f)

15. The notes of Table II of Part VI of Schedule I to the Regulations are replaced by the following:

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

(a) 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.

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

18. The portions of items 1 and 2 of Table II of Part VII of Schedule I to the Regulations in columns 4 and 6 are replaced by the following:

Item Column 4

Snow Geese and Ross’s Geese		 Column 6

Canada Geese, Cackling Geese, White-fronted Geese and Brant NON-RESIDENTS OF CANADA
1. 50 5 (d)
2. no limit 15 (e)

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

(d) Except in Game Bird Hunting Zone 1, where the limit is eight.

(e) Except in Game Bird Hunting Zone 1, where the limit is 24.

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

Item Column 1

District
2. No. 2 (South) (d)

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

(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.

22. Table I of Part VIII of Schedule I to the Regulations is amended by adding the following after note (c):

(d) The Last Mountain Lake National Wildlife Area is closed to all hunting until September 20.

23. 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, for residents and non-residents of Canada, 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 for residents and non-residents of Canada 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.2 of Part VIII of Schedule I to the Regulations before the note is replaced by the following:

TABLE I.2

MEASURES IN SASKATCHEWAN CONCERNING OVERABUNDANT SPECIES

Item Column 1



Area		 Column 2


Period during which Snow Geese and Ross’s Geese may be killed		 Column 3

Additional hunting method or equipment
1. District No. 1 (North) and District No. 2 (South) March 15 to June 15 Recorded bird calls (a)

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

Item Column 3

Snow Geese and Ross’s Geese
2. no limit

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

(c) Not more than five may be White-fronted Geese.

(d) Not more than 15 may be White-fronted Geese.

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

(a) 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.

28. Part IX of Schedule I to the Regulations is amended by adding the following before Table II:

TABLE I.2

MEASURES IN ALBERTA CONCERNING OVERABUNDANT SPECIES

Item Column 1



Area		 Column 2


Period during which Snow Geese and Ross’s Geese may be killed		 Column 3


Additional hunting method or equipment
1. Throughout Alberta March 15 to June 15 Recorded bird calls (a)

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

29. The portion of items 1 and 2 of Table II of Part IX of Schedule I to the Regulations in column 3 is replaced by the following:

Item Column 3

Snow Geese and Ross’s Geese
1. 50
2. no limit

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

(c) Not more than five may be White-fronted Geese.

(d) Not more than 15 may be White-fronted Geese.

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

Item Column II

Ducks, geese, coots and snipe
1. September 1 to December 10 (a)

32. Table I of Part XI of Schedule I to the Regulations is amended by adding the following note after it:

(a) 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.

33. Part XI of Schedule I to the Regulations is amended by adding the following before Table II:

TABLE I.2

MEASURES IN THE NORTHWEST TERRITORIES CONCERNING OVERABUNDANT SPECIES

Item Column 1





Area		 Column 2


Period during which Snow Geese and Ross’s Geese may be killed		 Column 3


Additional hunting method or equipment
1. Banks Island, Victoria Island and Queen Elizabeth Islands May 1 to June 30 Recorded bird calls (a)
2. Throughout the Northwest Territories except Banks Island, Victoria Island and Queen Elizabeth Islands 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.

34. The headings of columns 4 and 5 of Table II of Part XI of Schedule I to the Regulations are replaced by “Canada Geese, Cackling Geese, White-fronted Geese and Brant RESIDENTS OF CANADA” and “Canada Geese, Cackling Geese, White-fronted Geese and Brant NON-RESIDENTS OF CANADA”, respectively.

35. Columns 6 to 8 of Table II of Part XI of Schedule I to the Regulations are replaced by the following:

Item Column 6


Snow Geese and Ross’s Geese		 Column 7



Coots		 Column 8

Snipe
RESIDENTS OF CANADA		 Column 9

Snipe
NON-RESIDENTS OF CANADA
1. 50 25 10 10
2. no limit no limit no limit 20

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

(a) 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.

37. Table I.2 of Part XIII of Schedule I to the Regulations is replaced by the following:

TABLE I.2

MEASURES IN NUNAVUT CONCERNING OVERABUNDANT SPECIES

Item Column 1


Area		 Column 2

Period during which Snow Geese and Ross’s Geese may be killed		 Column 3

Additional hunting method or equipment
1. Throughout Nunavut May 1 to June 30 Recorded bird calls (a)
    August 15 to August 31 Recorded bird calls (a)

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


38. Table II of Part XIII of Schedule I to the Regulations is replaced by the following:

TABLE II

BAG AND POSSESSION LIMITS IN NUNAVUT


Item Column 1












Limit		 Column 2









Ducks RESIDENTS OF CANADA		 Column 3








Ducks NON-RESIDENTS OF CANADA		 Column 4


Canada Geese, Cackling Geese, White-fronted Geese and Brant RESIDENTS OF CANADA		 Column 5

Canada Geese, Cackling Geese, White-fronted Geese and Brant NON-RESIDENTS OF CANADA		 Column 6








Snow Geese and Ross’s Geese		 Column 7












Coots		 Column 8









Snipe RESIDENTS OF CANADA		 Column 9








Snipe
NON-RESIDENTS OF CANADA
1. Daily Bag 25 (a) 8 (a) 15 (c) 5 (e) 50 (g) 25 10 10
2. Possession no limit (b) 16 (b) no limit (d) 10 (d), (f) no limit no limit no limit 20

COMING INTO FORCE

39. 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

Environment Canada is responsible for implementing the Migratory Birds Convention Act, 1994, which provides for the protection and conservation of migratory birds. Section 12 of the Migratory Birds Convention Act, 1994 provides the authority to enact specific regulations such as the Migratory Birds Regulations. Schedule I of the Migratory Birds Regulations is reviewed and amended by Environment Canada, with input from the provinces and territories, to ensure the sustainable harvest of migratory game bird populations. The purpose of these amendments to Schedule I of the Migratory Birds Regulations is to manage the population of migratory game birds by changing hunting season dates, setting daily bag limits and possession limits as well as making other related modifications for certain species of migratory game birds for the 2014–15 and 2015–16 hunting seasons. In addition, Schedule I is amended to provide opportunity for hunters to assist in the management of designated overabundant species.

2. Background

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

The hunting of migratory game birds is regulated in both Canada and the United States. Each country shares a commitment to work together to conserve migratory game bird populations throughout North America. The objective of the Convention, the Act and Regulations made pursuant to the Act is the conservation of migratory birds. For migratory game birds, this is accomplished, in part, by protecting them during their nesting season and when 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 mid-August (and, in most cases, beginning September 1) and ending no later than March 10 of the following year. Within these limits, seasons are shortened to protect populations in geographic areas where there is concern over declining numbers. In other areas, seasons are lengthened to permit increased harvest of growing populations. Daily bag and possession limits can also be changed as necessary to manage the impact of hunting on migratory game bird populations. The regulations vary across districts or zones within each province or territory. Information regarding the geographic location of the districts or zones can be found in the regulation summary for each province or territory, posted on the Environment Canada Web site at www.ec.gc.ca/rcom-mbhr/default.asp?lang=En&n=8FAC341C-1. The districts or zones are based on the geographical units the provinces and territories use to manage wildlife. Information on the provincial management units is available from the provincial or territorial governments.

Individual hunters play an important role in the management of migratory game birds. Their skills and interests are invaluable in assisting the management of overabundant species. 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 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.

Commencing with the 2014–15 hunting season, Environment Canada is moving from an annual to a biennial regulatory amendment cycle for the hunting provisions of the Migratory Birds Regulations, meaning that the amendments being put in place at this time are for the 2014–15 and 2015–16 hunting seasons. The objective of this new policy approach is to reduce the resource burden to government associated with the regulatory process while continuing to ensure that conservation and harvesting objectives are achieved. This two-year cycle approach was developed based on a technical assessment that concluded there would be low conservation concern. The amendments and corresponding formalized consultation processes will remain consistent with what was done in previous years, with the only change being that the amendments will now occur every two years. Environment Canada 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 mid-interval if necessary. The proposal to adopt a two-year regulatory cycle underwent extensive consultations, and is supported unanimously by the provinces and territories.

3. Objectives

Hunting of migratory birds is one of many outdoor activities that depend on healthy habitat and species populations. Environment Canada’s Migratory Birds Regulations ensure these birds remain abundant in their natural habitats by setting 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 ensure 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

Population data describing the status of migratory game birds in Canada is gathered by Environment Canada’s Canadian Wildlife Service, published in the Migratory Birds Regulatory Reports Series (see footnote 2) and used to develop amendments to the Migratory Birds Regulations in consultation with the provinces and territories, other countries, such as the United States and Mexico, and a range of interested stakeholders including hunters, Aboriginal groups and conservation groups. The regulatory amendments for the 2014–15 and 2015–16 hunting seasons are as follows:

American Black Duck harvest strategy — Decrease in bag limits; shortened season dates

An international Black Duck harvest strategy was adopted in July 2012 by the Canadian Wildlife Service and the U.S. Fish and Wildlife Service. The objectives are based on the principles of adaptive harvest management, and the strategy is designed to identify appropriate harvest levels in Canada and the U.S. based on population levels of Black Ducks and sympatric Mallards. In the first year of the implementation of this strategy for the 2013–14 hunting season a liberal package was implemented in Canada, which resulted in an increase in the harvest opportunity from previous years, with higher daily bag limits and in some cases longer duck seasons. For the 2014–15 and 2015–16 hunting seasons, Environment Canada is implementing a moderate package for Black Ducks, which is a return to the 1997–2013 harvest levels. The return to moderate levels of harvest is due to a large increase in the Mallard breeding population in the east in 2013, (see footnote 3) which is predicted to have a negative impact on the production of Black Ducks and thus to result in a Black Duck fall flight that has a moderate potential of harvest. The moderate harvest levels proposed for Black Duck are in line with what is being done in the United States. The U.S. regulations remain the same as in the past few years, which have always been in a much more restrictive mode than Canada where there are fewer hunters. Canada was able to liberalize last year, for one year, but now must return to the moderately restrictive levels.

Daily bag limit for American Black Ducks in Newfoundland and Labrador, Prince Edward Island, Nova Scotia, New Brunswick, Quebec and Ontario

The amendments to the daily bag limit for American Black Ducks are based on returning to a moderate level of harvest for this species, based on harvest rates of 1997–2013.

Newfoundland and Labrador, Nova Scotia, New Brunswick and Quebec have returned to a set daily bag limit for the entire duck season and have removed the liberal, or higher allowable daily bag rates that were in place in most jurisdictions for the early part of the season. The daily bag limit for American Black Duck is set at four in Newfoundland and Labrador, Nova Scotia and most of Quebec (with the exception of the area west of route 155 and highway 55 where the daily bag limit is set at two). In New Brunswick, the daily bag limit is set at three for the entire season.

Prince Edward Islands maintains different early season and late season daily bag limits for American Black Ducks and Mallard-American Black Duck hybrids, but has decreased the daily bag limit for each portion, with the daily bag limit set at four from October 1 to November 7, and at two from November 8 to December 31.

Ontario has lowered the daily bag limit for American Black Duck in each hunting district. In the Southern and Central Districts the daily bag limit is set at one and in the Hudson — James Bay and Northern Districts it is set at two.

Season length in Nova Scotia, New Brunswick and Ontario

These amendments shorten certain open season lengths in Nova Scotia, New Brunswick and in a portion of Ontario so that they are in accordance with the moderate regime of the American Black Duck Harvest Strategy.

In Nova Scotia, the open season is shortened for ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders, Scoters, Goldeneyes and Buffleheads). The season dates are set at October 1 to December 31 in Zone 1, and from October 22 to January 15 in Zones 2 and 3.

In New Brunswick, the open season is shortened for ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders, Scoters), Geese (other than Canada Geese and Cackling Geese) and Snipe. The season is from October 15 to January 4 in Zone 1; and from October 1 to December 18 in Zone 2.

In Ontario, in the Southern District, the season length for Black Ducks is shortened with a closing date set at December 20.

Canada Geese and Cackling Geese in Ontario — Removal of restriction of daily bag limit

This amendment removes the restriction that had the daily bag limit for Canada Geese and Cackling Geese set at three for much of the open season in some parts of the Hudson — James Bay District. Now the daily bag limit is set at five for these species for the entire open season across the District. Band recovery data show that this change in daily bag limit has the potential to increase the harvest of temperate-breeding Canada Geese. Currently, the population of temperate breeding Canada Geese is above their maximum population objective. This change also harmonizes the daily bag limit for Canada Geese during the regular hunting season across most of the province.

Increase in bag and possession limits for Geese in Manitoba, Saskatchewan and Alberta for non-residents of Canada

These amendments remove harvest restrictions placed on non-resident hunters, therefore harmonizing bag and possession limits for all hunters, and thus increasing the bag and possession limits for certain species of Geese for non-residents of Canada in Manitoba, Saskatchewan and Alberta.

Increase in the daily bag and possession limits for Canada Geese, Cackling Geese, White-fronted Geese and Brant for non-residents of Canada in Manitoba

The daily bag limit for Canada Geese, Cackling Geese, White-fronted Geese and Brant (combined) for non-residents of Canada is increased from five to eight and the possession limit is increased from 15 to 24 in Game Bird Hunting Zone 1. These Goose populations have stable or increasing populations and harvest in this zone is expected to remain low due to small numbers of non-resident hunters.

Increase in the daily bag and possession limit for White-fronted Geese for non-residents of Canada in Saskatchewan and Alberta

In both Saskatchewan and Alberta, the daily bag limit for White-fronted Geese is increased from four to five for non-resident hunters, and the possession limit increases from 12 to 15. These amendments remove harvest restrictions placed on non-resident hunters when more restrictive harvest was deemed necessary. Current population estimates for the White-fronted Goose are high and have been stable for years.

Harmonization of season dates, daily bag and possession limits in Nova Scotia and Nunavut

The harmonization of season dates, daily bag and possession limits helps to reduce complexity in the Regulations, and may therefore increase compliance.

Nova Scotia

These amendments change the season closing dates for Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders, Scoters, Goldeneyes and Buffleheads so that they match the season closing dates for Ducks (other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters, Goldeneyes and Buffleheads) within each zone in Nova Scotia.

Nunavut

These amendments harmonize the bag and possession limits in the islands and waters of James Bay to match those in the adjacent waters of Ontario and Quebec. In western James Bay, the amendments harmonize with Ontario, and in eastern James Bay, they harmonize with Quebec. In western James Bay, the daily bag limit is increased to five for Canada and Cackling Geese, with no possession limit. Also in western James Bay, the possession limit for ducks is increased to 18, with no more than six American Black Ducks and one Goldeneye. In eastern James Bay, the possession limit is set at 20 for geese other than Snow Geese and Ross’s Geese, and 18 for ducks, with not more than one Barrow’s Goldeneye and two Blue-winged Teal.

Hunting season length for Woodcock in Quebec

This amendment sets the hunting season length for Woodcock at 106 days in Hunting Districts B, C, D, E and F.

Clarifying hunting restrictions in Ontario

This amendment clarifies the wording in Table 1, section 4(c) and (d) by changing the text “natural rush bed” to “area of emergent vegetation”. The purpose of this change is to clarify the intent of the hunting restriction for hunters and for enforcement.

Designation of Snow Geese (Western Arctic Lesser Snow Goose population) and Ross’s Geese as overabundant

Most Snow and Ross’s Goose populations are well above their population objectives. (see footnote 4) This becomes an important conservation issue when the rapid growth and increasing abundance affect the habitats on which they, and other species, depend. An overabundant population is one for which the rate of population growth has resulted in, or will result in, a population whose abundance directly threatens the conservation of migratory birds (themselves or others) or their habitats, or is injurious to or threatens agricultural, environmental or other similar interests.

The designation of Snow Goose (Western Arctic Lesser Snow Goose population) and Ross’s Goose as overabundant enables special management measures to be invoked in order to help control the growth of these populations. Special measures include conditions in which hunters are encouraged to increase their take for conservation reasons, and include the introduction of a spring conservation harvest, substantial increases in bag and possession limits and use of electronic calls.

This issue of conservation problems caused by overabundant geese was first highlighted 15 years ago, through comprehensive assessments of the environmental effects of the rapidly growing populations of midcontinent Lesser Snow Geese and Greater Snow Geese. The analyses completed by Canadian and American experts are contained in the reports entitled Arctic Ecosystems in Peril —Report of the Arctic Goose Habitat Working Group (see footnote 5) and The Greater Snow Goose — Report of the Arctic Goose Habitat Working Group. (see footnote 6)

These working groups concluded that the increase in Snow Goose populations was primarily human-induced. Changing farming practices began to supply a reliable, highly nutritious food source for migrating and wintering geese. Combined with the safety found in refuges, the improved nutritional status led to increased survival and higher reproductive rates for Snow Geese. These populations have become so large that they are affecting the plant communities at staging areas and breeding grounds on which they and other species rely. Grazing and grubbing by large numbers of geese not only permanently removes vegetation, but also changes soil salinity, nitrogen dynamics and moisture levels. The result is the alteration or elimination of the plant communities. Although the Arctic is vast, the areas that support migrating and breeding geese and other companion species are limited in extent, and some areas are likely to become inhospitable for decades. Increasing crop damage is another undesirable consequence of the growing goose populations.

Initial management efforts (starting in 1999) focused on mid-continent Lesser Snow Geese and Greater Snow Geese, the populations where the evidence for detrimental effects on habitats was strongest at that time. Canada, the United States and Mexico agreed that the habitat damage being caused was a significant conservation issue, and that the populations were overabundant to the detriment of the arctic and sub-arctic ecosystems. Following that declaration, several concurrent management measures were begun to curtail the rapid population growth and reduce population size to a level consistent with the carrying capacity of the habitat. Population models showed that of all the potential management techniques, the most successful approach to control population growth would be to reduce survival rates of adult geese.

Therefore, beginning in 1999, Canada amended the Migratory Birds Regulations and created new tools that could be invoked to help manage overabundant species. The special conservation measures for mid-continent Lesser Snow Geese and Greater Snow Geese were implemented in 1999 in selected areas of Quebec and Manitoba, were expanded in 2001 to Saskatchewan and Nunavut, and in 2012 into southeastern Ontario.

Evaluations showed that to date, the special conservation measures have had some success. In the case of Greater Snow Geese, the special conservation measures were successful in reducing the annual survival rate for adults from about 83% to about 72.5%. (see footnote 7) The growth of the population was stopped, but the special measures have not succeeded in reducing the size of the population, which appears stabilized at about 1 million birds in spring. (see footnote 8) Models showed that without the special take by hunters in spring, the population would begin to grow rapidly once more. (see footnote 9)

For mid-continent Lesser Snow Geese, the evaluation concluded that the population has continued to grow, although perhaps at a reduced rate.(see footnote 10) It also concluded that while the annual harvest increased as a result of the conservation measures, it failed to reduce the size of the population. This resulted in part because the population was much larger than previously thought, and increases in harvest did not keep pace with increases in population size through reproduction. It was apparent that other measures would be required if population control was deemed essential for mid-continent Lesser Snow Geese. The report recommended that special conservation measures be maintained, and that additional measures to increase harvest be sought.

The evaluation report also concluded that the conditions for overabundance designation are being met by Ross’s Geese and Western Arctic Lesser Snow Geese (see footnote 11) As a result, the Lesser Snow Geese nesting in the western Arctic and Ross’s Geese are designated as overabundant.

Ross’s Geese were designated as overabundant in the United States in 1999, and have been included in regulations allowing spring conservation harvests there ever since. In Canada, a court decision in 1999 determined that overabundance regulations could not be applied to Ross’s Geese at the time because it had not been demonstrated that they were contributing to the habitat damage. It is now clear that Ross’s Geese contribute to habitat degradation on nesting and staging areas where they occur in large numbers. (see footnote 12)

Like Lesser Snow Geese, Ross’s Geese grub during nest building and during spring staging, when a large portion of their diet is made up of the roots and rhizomes of sedges and grasses (see footnote 13) Alisauskas et al. (see footnote 14) found that vegetative cover was removed in areas occupied by nesting Ross’s Geese, resulting in exposed mineral substrate and peat. This has led to reduced vegetative species richness that worsened over time, and to dramatic declines in small mammal abundance around dense nesting colonies (see footnote 15) The continental population objective for Ross’s Geese has been 100 000 birds since the inception of the North American Waterfowl Management Plan in 1986. By the mid-2000s, Ross’s Geese had expanded their range eastward on both nesting and wintering areas, (see footnote 16) and the population was estimated to number between 1.5–2.5 million adult birds (see footnote 17)

The Western Arctic population of Lesser Snow Geese breeds primarily on Banks Island, in the Northwest Territories, with smaller breeding colonies on the mainland of the Northwest Territories and Alaska. Habitat damage has already occurred on Banks Island from the foraging activities of Western Arctic Snow Geese (see footnote 18) If the western Arctic population continues to increase at the present rate, the negative impacts to habitat and other species are predicted to expand. Western Arctic Snow Geese are already above the spring population objective of 200 000 birds. (see footnote 19) The fall estimate of western Arctic/Wrangel Island Snow Geese in the Pacific Flyway was over 1 million birds in 2011; this has increased 6% per year from 2003 to present (see footnote 20) The western Arctic population is causing habitat damage that will increase as the population continues to grow rapidly, similar to that which has been observed in other populations of Snow Geese and Ross’s Geese. For this reason, special conservation measures are being implemented before this population reaches a level that cannot be controlled through increased harvest by hunters.

Special conservation measures for overabundant Snow and Ross’s Geese
Establishment of a spring conservation harvest for Snow and Ross’s Geese in Alberta and the Northwest Territories

These amendments establish a spring conservation harvest for Snow Geese and Ross’s Geese throughout Alberta and the Northwest Territories. A spring conservation season is new to these jurisdictions, and its implementation will provide additional opportunity to manage these overabundant species. Use of recorded Snow Goose and Ross’s Goose recordings are also permitted during the open season and spring conservation harvest.

Establishment of a spring conservation harvest for Ross’s Geese in Manitoba, Saskatchewan, and Nunavut

In Manitoba, Saskatchewan and Nunavut, a spring conservation harvest is established for Ross’s Geese, which coincides with their already existing spring conservation season for Snow Geese. Recorded Ross’s Goose calls may now also be used during the open season and spring conservation harvest.

Increasing the daily bag limit for Snow and Ross’s Geese in Manitoba, Alberta, the Northwest Territories and Nunavut

These amendments increase the daily bag limit for Snow and Ross’s Geese (combined) to 50 in Manitoba, Alberta, the Northwest Territories and Nunavut. This measure provides additional opportunity to manage these overabundant species, and to contribute to reducing the growth of the populations through hunting.

Extension of spring conservation harvest in Saskatchewan

The length of the spring conservation harvest in Saskatchewan is extended by four weeks throughout the province (March 15– June 15) in order to increase the opportunity for hunters to harvest overabundant Snow Geese and Ross’s Geese.

Extension of all-day hunting of Snow and Ross’s Geese in Saskatchewan

This amendment extends all-day hunting of Snow and Ross’s Geese to include the entire province through all available season dates.

Removal of possession limit for Snow and Ross’s Geese in Manitoba, Saskatchewan, Alberta, the Northwest Territories and Nunavut

These amendments abolish the possession limits for Snow and Ross’s Geese in the Prairie provinces, and in Nunavut and the Northwest Territories. This constitutes a special conservation measure for overabundant Snow and Ross’s Geese which will facilitate the proper use of harvested birds.

Removing restriction on decoy types used with recorded Snow Goose calls in Nunavut

This amendment eliminates the requirement to use only blue or white phase Snow Goose decoys when using recorded Snow Goose calls in Nunavut. The restriction of using only blue or white phase Snow Goose decoys was lifted in the Prairie Provinces (Manitoba, Saskatchewan and Alberta) in 2012, and in Quebec and Ontario in 2013. Decoy restrictions were implemented due to concern regarding the potential vulnerability of Canada Geese to electronic Snow Goose recordings. However, research (see footnote 21) has since shown that Canada Geese are less vulnerable to electronic recordings of Snow Geese than to traditional hunting methods. Removal of this restriction will allow hunters to target Canada, Snow Geese and Ross’s Geese during the same hunt in fall (Canada Geese may not be hunted in spring), which would provide additional opportunity to manage overabundant Snow and Ross’s Geese through hunting.

5. “One-for-One” Rule

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

6. Small business lens

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

7. Consultation

Environment Canada has formalized the consultation process used 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 2014–15 and 2015–16 hunting seasons began in November 2013, when biological information on the status of all migratory game bird populations was presented for discussion in the annual report Population Status of Migratory Game Birds in Canada — November 2013.

Biologists from Environment Canada’s Canadian Wildlife Service met with their provincial and territorial counterparts in technical committees in the fall of 2013 to discuss new information on the status of migratory game bird populations and, where necessary, to prepare proposals for regulatory changes. The work of the technical committees, who also considered information received from migratory game bird hunters and non-governmental organizations, led to the development of these specific regulatory amendments. Based on the discussions, regulatory proposals were developed by the Canadian Wildlife Service in collaboration with the provinces and territories. The proposals were described in detail in the report Proposals to Amend the Canadian Migratory Birds Regulations — December 2013. These two consultation documents are available at www.ec.gc.ca/rcom-mbhr/default.asp? lang=En&n=0EA37FB2-1.

As well as being posted on the Internet, the reports were distributed directly to federal biologists in Canada, the United States, Mexico, the Caribbean, Greenland and Saint-Pierre and Miquelon, provincial and territorial biologists, migratory game bird hunters and Aboriginal groups. The documents were also distributed to many non-governmental organizations, including groups like the Canadian Wildlife Federation and its provincial affiliates, Nature Canada, the World Wildlife Fund, the Nature Conservancy of Canada, Ducks Unlimited, the Delta Waterfowl Research Station, Animal Alliance of Canada and the Humane Society, among others.

A Notice of Intent was published in the Canada Gazette, Part I, on January 25, 2014, indicating that Environment Canada was proposing to modify the Migratory Birds Regulations in accordance with the proposals outlined in the report Proposals to Amend the Canadian Migratory Birds Regulations — December 2013. It also informed readers that Environment Canada is moving from an annual to a biennial regulatory amendment cycle for the hunting regulations.

The public consultation period was held between January 28 and February 27, 2014.

All proposals for Quebec were supported by the province, the Fédération québécoise des chasseurs et des pêcheurs, the Association des sauvaginiers de la grande région de Québec and other hunter associations as well as individual hunters.

The proposal to increase the daily bag limit for Canada Geese in Ontario was supported by the Mississippi Flyway Council Technical Section, the province, as well as hunter organizations and individual hunters.

Regulatory proposals for Alberta, Saskatchewan, Manitoba, Northwest Territories and Nunavut on Geese were supported at a provincial level and by hunter associations, and other stakeholders.

Comments received regarding return to moderate regulations for American Black Ducks in the Maritimes, Quebec and Ontario

Several comments were received regarding the return to a moderate regime for Black Ducks. Overall about 25 individual hunters provided feedback, as did several hunter organizations and NGOs. No comments were received from outfitters or hunting tourism companies. Some hunters and hunter organizations in the Maritime provinces and Ontario expressed concerns with the return to a moderate regulatory package for the 2014–15 and 2015–16 hunting seasons following one year in the liberal regulatory package (2013–14 season). The main concern expressed was the decrease in hunting opportunity compared to the current liberal regime. The Black Duck is a valued game bird and is in high demand by hunters in eastern Canada and the northeast of the United States. The International Black Duck Strategy, which was adopted in 2012 by the Canadian Wildlife Service and the U.S. Fish and Wildlife Service, is designed to identify appropriate sustainable harvest levels in Canada and the United States, while sharing the Black Duck harvest equally between the two countries. The strategy allows regulations to shift on a more frequent basis. This is the only species for which a formal international harvest strategy is required as the overall demand for black ducks is greater than the population could sustain.

In Canada, Black Ducks occur in numbers only in Ontario, Quebec and Atlantic Canada. The harvest strategy was first implemented last year (2013–14 season) and allowed a liberal season to be in place in Canada (but not in the United States). The strategy recommendation for the coming 2014–15 and 2015–16 hunting seasons remains for a return to the moderate package in Canada by reducing the daily bag limit and/or the season length. This will result in harvest levels for Black Ducks similar to the ones hunters in all eastern provinces experienced over the 1997–2013 period. It is important to note that the return to moderate levels of Black Duck harvest is not due to the implementation of liberal regulations in 2013–14, but rather to a large increase in the Mallard breeding population in the East in 2013, which is predicted to have a negative impact on the production of Black Ducks, and, thus result in a Black Duck fall flight that has a moderate potential of harvest.

In Prince Edward Island some comments were received regarding the season closing date of December 31, which was implemented last year (2013–14 hunting season). Most of the comments received were supportive of maintaining the current closing date of December 31, although a minority believed that the season should end earlier, before winter freeze up that could result in the hunt distribution being restricted to a few areas of open water. Environment Canada responded to this concern last year, by moving the season closing date to December 31 from the originally proposed date of January 14. Maintaining the closing date of December 31, along with the reduced bag limits, is within the parameters of the moderate regime of the International Black Duck Harvest Strategy, and has been supported by the majority of hunters and hunter organizations.

Comments received regarding the overabundance designation for Ross’s Geese and Snow Geese (Western Arctic Lesser Snow Geese population)

The Canadian Wildlife Service has worked closely with the provinces and territories, the U.S. Fish and Wildlife Service, Flyway Councils, Ducks Unlimited, and other groups to understand the issue of overabundant geese and their environmental impacts, and to determine the appropriate response by wildlife management agencies. The continuing evolution of this issue since special conservation measures were established in 1999 has been described in all issues of the Migratory Birds Regulatory Reports Series since that time. More recently, the Evaluation of Special Management Measures for Midcontinent Lesser Snow Geese and Ross’s Geese (see footnote 22) (Leafloor et al. 2012) was prepared by an international group of experts whose assistance was enlisted by the Arctic Goose Joint Venture of the North American Waterfowl Management Plan.

The findings that these populations were causing, or were likely to cause, damage to migratory bird habitats, led the Canadian Wildlife Service to publish a Notice of Intent to consider the designation of Ross’s Geese and Western Arctic Lesser Snow Geese as overabundant in Canada in the November 2012 and 2013 Reports on the Status of Migratory Game Bird Populations in Canada, the December 2012 and 2013 Regulatory Reports Proposals for Hunting Regulations, as well as the July 2013 Report on Migratory Birds Regulations in Canada.

Since the release of the evaluation of special management measures report, the Canadian Wildlife Service (CWS) has undertaken extensive consultations with provincial and territorial governments, international partners, non-governmental organizations, and First Nations to determine the appropriate course of action regarding overabundant geese in Canada. Many stakeholders expressed their support for proposals to designate Ross’s Geese and Western Arctic Lesser Snow Geese as overabundant, and for proposed actions to increase the take of both species, including the provincial governments of Alberta, Saskatchewan and Manitoba, and the territorial governments of Northwest Territories and Nunavut. Among international stakeholders, support was expressed for actions in Canada by the governments of the United States and Mexico, both of which are key stakeholders with interests in the conservation of shared populations of migratory birds. Support was also expressed by the Mississippi and Central Flyway Councils, and the Atlantic Flyway Council was not opposed to such actions, which do not involve geese from that flyway.

The Pacific Flyway Council approved a management plan for Western Arctic Snow Geese with a revised objective of reducing their nesting population by at least half. At the same time, the need for monitoring of potential impacts to Wrangel Island Snow Geese was expressed by the Pacific Flyway and Russia. Lesser Snow Geese nest on Wrangel Island, off the northeast coast of Russia, and those birds winter primarily in California. A portion of the population migrates northward in spring through Alberta, and concern was expressed about potential impacts of a spring conservation harvest for Western Arctic Snow Geese on the Wrangel Island birds. Subsequent analysis demonstrated that fewer than 200 Wrangel Island birds would be killed in spring in Canada, and would not have a population-level effect.

Face-to-face consultations occurred with the Nunavut Wildlife Management Board in June 2013, and with all Wildlife Management Boards in the Northwest Territories between January and October 2013; support for the overabundance designations and proposals to increase harvest were received from all boards, with the stipulation that harvested birds should not be wasted, that increased take should not occur on private land without permission of the landowner, and that monitoring should be in place to ensure that population reduction targets are not exceeded. Presentations on the status of Lesser Snow Geese and Ross’s Geese were also made to area co-management committees in the communities of Arviat, Cambridge Bay, and Cape Dorset during the winter of 2012–13, where support was expressed for any supportive measures to increase take by Aboriginal harvesters, and no opposition to increased harvest outside the Arctic was expressed. Information packages were also sent to all First Nations in Alberta in the fall of 2013 to solicit their responses to a proposed spring conservation harvest in Alberta, where such take had not been authorized previously for mid-continent Lesser Snow Geese. No comments were received.

One letter was received in opposition to the proposed designation of Ross’s Geese and Western Arctic Snow Geese as overabundant; it was suggested that previous overabundance regulations have failed to reduce populations of mid-continent Lesser Snow Geese and Greater Snow Geese, and therefore should be abandoned. However, the Canadian Wildlife Service and other stakeholders believe that without the introduction of special measures to curb population growth, staging and nesting habitats will continue to be degraded, the damage will become more widespread, and habitats will cease to support healthy populations of the overabundant species and other species that share the same habitats. Plant communities will not recover unless foraging pressure by geese is reduced, and even with such a reduction, recovery of arctic habitats could take decades because of the slow growth of arctic plant communities. Some of the habitat changes are expected to be permanent, with the overall effect of a reduction in biodiversity. Scientists and managers agree that additional intervention is required. For these reasons, the alternative of “no action” was rejected.

8. Rationale

These amendments to Schedule I of the Migratory Bird Regulations are anticipated to ensure the sustainable harvest of migratory game bird populations. The control of hunting season dates and the number of migratory game birds that may be taken and possessed during those dates helps to ensure migratory game bird populations are maintained at healthy levels. The special conservation measures make an important contribution to the preservation of migratory birds and to the conservation of biological diversity in the arctic ecosystem by protecting and restoring habitat for migratory birds and other wildlife. The amendments will help Canada to meet its international obligations under the Migratory Birds Convention (1916) and the amending protocol. Both of these agreements commit Canada and the United States to the long-term conservation of shared species of migratory birds. Article II of the Migratory Birds Convention (1916) imposes limits on normal hunting seasons to provide protection to populations that may be threatened by overhunting. It does not, however, prohibit conservation measures necessary to deal with those populations whose greatest threat may be their own overabundance. Article VII of the 1916 Convention supports special conservation measures under extraordinary conditions wherein migratory game birds pose a serious threat to agricultural or other interests in a particular community. This authority is not limited to any time of the year or number of days in any year in either the Migratory Birds Convention (1916) or the Migratory Birds Convention Act, 1994. Overabundant goose populations may become seriously injurious to migratory birds themselves, thereby threatening the main objective of the 1916 Convention, which is to ensure the preservation of migratory birds. The amendments also address the Convention on Biological Diversity, to which Canada is a party. They address the obligations under the Convention to ensure that species are not jeopardized by overhunting, 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.”

The current set of amendments represents the broad support reached on the proposals outlined in the December 2013 report, entitled Proposals to Amend the Canadian Migratory Birds Regulations. The bag and possession limits set out in Schedule I of the Migratory Bird Regulations are evaluated based on annual population monitoring. Biologists from Environment Canada’s Canadian Wildlife Service met with their provincial and territorial counterparts in technical committees in November 2013 to discuss new information on the status of migratory game bird populations and, where necessary, to revise the proposals for regulatory changes. The work of the technical committees, as well as information received from migratory game bird hunters and non-governmental organizations, led to the development of these specific regulatory amendments.

Benefits and costs

These amendments help to ensure that a sustained yield of direct and indirect economic benefits will continue to accrue to Canadians at a very low cost. These benefits to Canadians result from both hunting and non-hunting uses of migratory birds. The economic benefits of hunting are considerable. According to estimates based on the 2000 Environment Canada document The Importance of Nature to Canadians, the total value of all activities associated with migratory birds contributes $527 million in direct annual benefits to the Canadian economy. Of that total, about $94.4 million is attributed solely to the value associated with the hunting of migratory game birds. Furthermore, Wildlife Habitat Canada estimated in 2000 that over the preceding 15 years, Canadian migratory bird hunters contributed $335 million and 14 million hours of volunteer work to habitat conservation for migratory game birds. This work benefits non-game species as well.

Not only will this amendment generate additional benefits, it will 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. This amendment will also help to secure the future use of migratory birds as part of the traditional lifestyle of Aboriginal people in Canada.

The implementation of sustainable harvest levels helps ensure that Canada meets its commitment under the Migratory Birds Convention (1916) 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.

9. Implementation, enforcement and service standards

Environment Canada has developed a compliance strategy and promotion plan for the amendments to Schedule I of the Migratory Birds Regulations. Compliance with the amendments will be promoted to hunters via the publication of regulatory summary brochures, outlining the season dates, bag and possession limits for each of the 2014–15 and 2015–16 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 Environment Canada Web site at www.ec.gc.ca/rcom-mbhr/default.asp?lang=En&n=8FAC341C-1.

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

Under the Migratory Birds Convention Act, 1994, a person may receive a $300,000 maximum fine and/or up to six months in jail for summary conviction offences and a $1,000,000 maximum fine and/or up to three years in jail for indictable offences. There are provisions for increasing fines for a continuing or subsequent offence. Enforcement officers will use their discretion when choosing the appropriate enforcement response to a violation (warning, tickets, compliance order, etc.).

Enforcement officers of Environment Canada and provincial and territorial conservation officers enforce the Migratory Birds Regulations by, for example, inspecting hunting areas, checking hunters for hunting permits, inspecting hunting equipment and the number of migratory game birds taken and possessed.

10. Contact

Caroline Ladanowski
Director
Wildlife Program Support Division
Canadian Wildlife Service
Environment Canada
Ottawa, Ontario
K1A 0H3
Telephone: 819-938-4105