New Ontario Regulations for Lepidoptera

[RENE BOUTIN]

> We all knew that at this rate, a day would come when a spider, a cat,
> a bird or even a bumper would have more rights than  man .Thank you to
> all the livingroom vigilantes and their leaders.



> > -----------------------------------
> >  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



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 Rene Boutin
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 J3L 3J8
 Tel : (514)658-5252

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