Wildlife Management in Canada

Author: Anne Mease Page 1 | Page 2 | Page 3

 

There are certain laws or regulations in Canada that ensure the protection and conservation of animals, migratory birds, and even certain wild plants.

Hunting and fishing conservation in Canada falls under the, Fish and Wildlife Conservation Act (1997) —repealed Game and Fish Act (1990)— and each province has their own set of rules and regulations that are specific to the province.

The following is a partial list of Government Acts and organizations affiliated to the Government that enforce, regulate or monitor hunting and fishing laws in Canada.

The rules and regulations that are set forth in various initiatives such as the Endangered Species Act or COSEWIC do not necessarily guarantee that a law exists or that the law is enforced. Once they pass legislation as in SARA the protection of species at risk can be enforced by law.

Hunting, Fishing, and Trapping: Dos

It is required to wear coloured clothing while hunting so that other hunters can see you and you are not mistaken for an animal.

It is required of hunters, fishers, and trappers who are residents of Canada to obtain a hunting or fishing license-the exception is Aboriginal people who exercise their Aboriginal rights through Treaty or land claim agreements (see section on Aboriginal rights) and farmers who hunt on their private land in open hunting season.

A hunting or fishing license must be carried with the person at all times. Even if a hunter or fisher has a license but it is not on their person, they will be charged as if they do not possess a license.

The regulations, licensing fees, and penalties differ for non-residents of Canada.

Hunting and fishing can only occur in 'open' hunting season that is set out by each province. In many provinces they have lotteries or draws to determine who can hunt or how many wildlife can be hunted such as moose, caribou, black bear, or mountain sheep.

Regulations and guidelines differ from province to province and it is advisable to check with regulations of the province you are hunting, fishing, or trapping.

For further information or clarification in obtaining a license to hunt, fish, or trap in Canada check out the following provincial offices that issue and regulate hunting, fishing, and trapping licenses.

Hunting, Fishing, and Trapping: Don'ts

The use of motorized vehicles, all terrain vehicles, skidoo's, airplanes, boats -- "boat" includes a motorboat, rowboat, canoe, punt, sailboat or raft; ("bateau")[2], or helicopters cannot be used while in the pursuit of hunting animals. The exception may be people with a disability who cannot move themselves from the motorized vehicle to hunt.

A loaded firearm cannot be carried in any motorized vehicle for the purpose of hunting land animals. However, a loaded firearm can be carried when the hunter is hunting migratory birds in accordance with the Migratory Birds Convention Act, 1994.

Night hunting is strictly forbidden. It is unlawful to hunt, carry a loaded firearm, or use spotlights and other kinds of light, "during the period from half an hour after sunset to half an hour before sunrise."[3]

The sale of wild game or fish and their pelts is prohibited "except under the authority of a licence and in accordance with the regulations."[4] This same guideline applies to the sale of wild game or fish in restaurants or other food establishments. Section 52.1 of the Fish and Wildlife Conservation Act, 1997 states "A person shall not list game wildlife, specially protected wildlife or fish on a menu, or charge for serving it, unless the person has the authorization of the Minister."[5]

In the same instance, hunting, fishing or trapping, except with authorization, cannot be carried out for monetary gain. Hunters, fishers, and trappers cannot " hunt for hire; hire, employ or induce another person to hunt for gain; trap for hire, gain or the expectation of gain; hire, employ or induce another person to trap for gain; or pay or accept a bounty." [6] The exception is a 'guide' "who carries out the customary duties of a hunting or sport fishing guide for gain, but does not include a person who is providing black bear hunting services."[7]

It is unlawful to hunt animals or wildlife to keep in captivity "unless the person has the authorization of the Minister. 1997, c. 41, s. 40 (4)."[8] It is also unlawful to hunt animals, farm animals, or wild game that are already held in captivity however, it "does not apply to the hunting of game birds in a game bird hunting preserve or in an area prescribed by the regulations."[9]

Wildlife and fish caught in one province cannot, without authorization, be transferred from one province to another. According to the Fish and Wildlife Conservation Act, 1997 "a person shall not transport wildlife or fish that was killed, captured, taken or possessed contrary to this Act, the regulations, or the Fisheries Act (Canada) or the regulations under that Act. 1997, c. 41, s. 56."[10]

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Dog with porcupine needles in nose

According to Section 37.1 of the Fish and Wildlife Conservation Act, 1997 it is unlawful to possess or sell, unless authorized by license a "gill net, hoop net, pound net, seine net, trap net, trawl net, trammel net, roll net or hook line."[11]

The use of dogs while hunting or fishing is prohibited "while hunting white-tailed deer, moose, caribou, elk or black bear, except under the authority of a licence issued in respect of that dog."[12]

Additionally, dogs while hunting face danger and attack from wildlife and other animals.

Penalties

There is a high price attached to illegal hunting and fishing in Canada. Those found intending to possess by having a loaded rifle or are in possession of killed wildlife game or fish will be charged and can expect a hefty fine up to $25,000 and/or up to one year in prison. In some cases, the fine can be up to $100,000 and/or up to two tears in prison if the accused is commercially hunting, fishing, or trapping without a license. Each province has its own regulations and penalty.


Endnotes

[2] Section 1. (1). Interpretations: 'boats.' Fish and Wildlife Conservation Act, 1997

[3] Section 20. (1) Fish and Wildlife Conservation Act, 1997

[4] Section 48. (1) Fish and Wildlife Conservation Act, 1997

[5] Section 52. (1) Fish and Wildlife Conservation Act, 1997

[6] Section 11. (1) Fish and Wildlife Conservation Act, 1997

[7] Section 32. (1) Fish and Wildlife Conservation Act, 1997

[8] Fish and Wildlife Conservation Act, 1997

[9] Section 40 (2), subsection (1). Fish and Wildlife Conservation Act, 1997

[10] Section 56. Fish and Wildlife Conservation Act, 1997

[11] Section 37.1 Fish and Wildlife Conservation Act, 1997

[12] Section 25.1 Fish and Wildlife Conservation Act, 1997

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