New Ontario Regulations for Lepidoptera

[Anthony W. Cynor]

Now all of you Regulation Buffs who just love to promulgate stuff like
below REJOICE!!!

Tony






> -----------------------------------
>  Invertebrates and the Fish and Wildlife Conservation Act 1997
                   The Asinine Strike Again!
> The Fish and Wildlife Conservation Act 1997 received Royal Ass in
> December
> 1997 and was proclaimed into force January 1,1999.  This new Act
> replaced the
> Game and Fish Act and has implications for a wide group of individuals
> who
> may be involved in activities or species that the Game and Fish Act did
> not
> previously deal with such as butterflies.  Butterflies were totally
> unprotected under the Game and Fish Act.
> 
> Butterflies listed as Specially Protected Invertebrates in Schedule 11
> of the
> Fish and Wildlife Conservation Act are as follows: Karner Blue, Monarch,
> West
> Virginia White, Mottled Dusky Wing, Bog Elfin, Black Swallowtail, Giant
> Swallowtail, Old World Swallowtail, Pipevine Swallowtail, Spicebush
> Swallowtail, Tiger Swallowtail, and Zebra Swallowtail.
> 
> Section 5 of the FWCA prohibits the hunting or trapping of specially
> protected invertebrates which essentially prohibits the taking of the
> above
> listed butterflies for collecting purposes or any other purpose.
> 
> Section 40 prohibits the keeping of live specially protected wildlife
> (includes butterflies) in captivity except under the authority of a
> licence
> and in accordance with the regulations.  Under the regulations a person
> who
> is issued a zoo licence may keep live game wildlife and specially
> protected
> wildlife in captivity and also may buy, sell or propagate them.
> 
> Sub-section 40 (2) (b) allows a person to keep a single game reptile,
> game
> amphibian, specially protected mammal, specially protected reptile,
> specially
> protected amphibian or specially protected invertebrate in captivity for
> the
> purposes of personal education.  This would allow an individual to keep
> one
> butterfly of the species found in schedule 11(listed above).
> 
> Subsection 40 (2) © allows a person to keep game wildlife or specially
> protected wildlife in captivity for any educational or scientific
> purpose or
> any other purpose with the authorization of the Minister.  This section
> allows for keeping wildlife in captivity for introduction and recovery
> programs and is also used in the case wildlife possessed prior to
> proclamation of the FWCA.  It could also apply to persons possessing
> butterflies for education etc.
> 
> Section 45 of the FWCA prohibits the propagation of game wildlife or
> specially protected wildlife except under authority of a licence.  At
> the
> present time, only the holder of a zoo licence is allowed to propagate
> specially protected invertebrates.
> 
> Section 46 prohibits the release of game wildlife or specially protected
> 
> wildlife that has been kept in captivity without the permission of the
> Minister.
> 
> Section 48 prohibits the sale or purchase of game wildlife or specially
> protected wildlife without the authority of a licence.  At the present
> time
> the only persons who can legally purchase and sell specially protected
> invertebrates are the holders of a zoo licence.
> 
> Section 54 prohibits the release of wildlife or an invertebrate that has
> been
> imported into Ontario or propagated from stock imported into Ontario
> without
> the approval of the Minister. At the present time, an invertebrate that
> has
> been imported into Ontario by a permit issued by
> CFIA under the Plant Protection Act is exempted from the requirement to
> receive Minister's approval before release.
> 
> The FWCA closed a major loop hole in the previous legislation in that
> regulations pertaining to species native to Ontario that came from
> another
> province or country were ruled by an Ontario Court of Appeal decision to
> be
> outside the jurisdiction of the Game and Fish Act.  Clause 1(2)(d) of
> the
> FWCA provides that species referred to in the act include animals,
> invertebrates or fish whether or not it originated in Ontario.
> 
> It has become apparent after discussion with many different people over
> the
> past few months that the restrictions and limitations contained in the
> Fish
> and Wildlife Conservation Act and regulations have greatly impacted the
> activities of many  lepidopterists in Ontario.  There is provision
> however to
> provide a regulatory scheme with respect to specially protected
> invertebrates
> (butterflies) which might address the majority of issues.
> 
> Wildlife Branch
> Ontario Parks
> Ontario Ministry of Natural Resources
> Box 7000, 300 Water St.
> Peterborough, Ont. K9J 8M5