Yukon collecting license

[Kondla, Norbert FOR:EX]

As another bureaucrat trained and experienced in the application and
interpretation of administrative law in Canada; I agree with Cris's read on
this. I am aware of the concern that people have about getting tripped up by
red tape at border crossings. Once upon a time in our two countries (Canada
and USA) people were presumed innocent until proven guilty in a court of
law. It now seems that in at least one of these countries; butterfly
collectors are now presumed guilty unless they can produce a permit or other
signed piece of paper that 'proves' the bugs are legal.  definately
something wrong with this picture :-)

-----Original Message-----
From: Cris Guppy or Aud Fischer [mailto:cguppy at quesnelbc.com]
Sent: Saturday, February 10, 2001 11:14 PM
To: leps-l at lists.yale.edu
Subject: Re: Yukon collecting license


Personally, as someone who is a government bureaucrat in Canada, I doubt
very much that the present interpretation of the Act would stand up in
court. The Act specifically refers to "scientific and exploration purpose".
The key therefore is the PURPOSE of the butterfly collecting, and the Act
simply does not apply to collection of butterflies for hobby or commercial
purposes. It is irrelevant that all specimens have scientific value, it is
the purpose for which the specimens are collected that matters.  If the
Yukon or Canadian governments want the Act to apply to those purposes they
should amend the Act, not try to warp its meaning through bureaucratic
interpretations.

That said, it is apparently easy enough to get a permit. As long as all that
is wanted is a list of what is collected, then why not get the permit?
Especially American collectors, since you have to worry about the "legal
collection" interpretations of your own Customs agents.

Regarding "need" for the permits. Of course there is no need for them,
except as a mechanism for government to track collecting activities. There
are no species listed as being of conservation concern in the Yukon (nor
should there be). A couple collecting sites MAY have excessive collecting
pressure on them (Keno Hill, Windy Pass), but there is absolutely no
evidence that this possibility is at all real.

Cris Guppy

----- Original Message -----
From: "Kenelm Philip" <fnkwp at aurora.alaska.edu>
To: <leps-l at lists.yale.edu>
Sent: Saturday, February 10, 2001 9:55 PM
Subject: Re: Yukon collecting license


>
> > I cannot imagine this occurring in the Yukon Territory, an area so wild,
> > huge, and so sparsely populated.  What sparked this?  Do I have the
> > wrong perception of the Yukon Territory?
>
> Here's a little background. The Yukon's Scientists and Explorers Act is
not
> something brand new. It has been in force since 1958. There is a similar
> act applying to the Northwest Territories, but I do not know the situation
> in the new territory of Nunavut.
>
> For a long time, amateur collectors have been assuming that this
> Act applied only to scientists, and not to them. Even Canadians have made
> this assumption, and there has been some discussion about this on Leps-L
> in the past.
>
> There was a problem recently at Keno Hill, where the residents of
> Keno became unhappy with some Japanese collectors, and jumped to the con-
> clusion that they were collecting commercially and reducing the population
> of arctic species that fly in tundra on the hilltop. Some Keno residents
> thought that the butterflies on the hill were unique to Keno Hill, and
> were thus reasonably concerned about the impact of large numbers of
> collectors.Their complaints got some YT government people involved in an
> attempt to a) find out more about the Keno Hill butterflies (all of which
> fly elsewhere in the Yukon), and b) figure out exactly what the applica-
> bility of the Scientists and Explorers Act might be to collecting insects
> in general by anyone. The paragraph I posted on 9 Feb. is the result of
> their deciding about the overall applicability of the Act: It applies to
> _everyone_, Canadian, foreigner, scientist, amateur, or commercial
> collector.
>
> As for any perceptions people may have had of the wild, huge, and
> sparsely populated Yukon Territory--remember that this is not the U.S.
This
> is Canada, eh?
>
> Ken Philip
> fnkwp at uaf.edu
>
>
>
>
>
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