Title of Proposed Regulatory Initiative
Conservation Plans for Migratory Birds.

Description and Objectives of Proposed Initiative
Conservation of migratory birds is the responsibility of Environment Canada, under the Migratory Birds Convention Act, 1994 (MBCA). Harming and destruction of migratory birds and their nests and eggs is prohibited by the Migratory Birds Regulations (MBR) of the MBCA. At the present time exceptions are provided through permits for hunting, scientific projects, propagation, damage prevention and human safety. The current framework, however, does not provide permits for particular situations that may cause the take of migratory birds or their nests and eggs as a result of another activity ('incidental take').

The objective of this initiative, which is currently being considered, would be to develop a framework that would support and enhance conservation efforts linked to legitimate activities on the landscape. These conservation efforts would need to have an overall beneficial impact on long term sustainability of migratory bird populations while the activity could still imply incidental effects on individual birds, eggs or nests. Even with a no-tolerance approach to incidental take, enforcement of the current regulations cannot achieve the protection of migratory bird populations because the current regulations do not address the long term planning that is required to achieve conservation.

This proposed initiative would address industry attempts to comply with the Migratory Birds Regulations and Environment Canada's recognition that activities like Forestry, Mining, clearing of Transmission lines etc. are legitimate activities that may affect migratory birds (through take and/or habitat destruction). The current approach is not flexible enough to reduce the legal uncertainty for industry, even when they implement careful landscape planning that benefits migratory birds conservation, as well as efforts to minimize and mitigate the direct impacts on migratory birds.

In order to develop conservation plans, there is also potential to take advantage of existing planning processes (provincial) that industry is already subjected to.

Sector(s) Affected
A broad range of industrial sectors are potentially affected by this potential initiative. Any industry/activity that can have an impact at the migratory bird population level would be subject to the same considerations. The Forestry sector is particularly interested in the development of this concept; the legal uncertainty with the MBR is a significant problem, considering that certification processes require that industry comply with all existing regulations.

The Canadian Pipeline Environment Committee and the Canadian Association of Petroleum Producers and BC Hydro have also expressed interest in this proposed initiative. Other sectors may also want to use this vehicle to have their stewardship activities recognized.

Involvement of/Impact on Other Jurisdictions or Federal OGDs
Natural resources provincial and federal jurisdictions are involved, particularly as the option of including migratory bird guidelines in current provincial planning processes is considered.

Key Stakeholders
The key stakeholders are the non-government organizations representing various industry sectors, the conservation community and the provincial and territorial governments. The national office of Environment Canada's Canadian Wildlife Service continues to consult with our American partners on implementation of the Migratory Birds Convention in each country.

Assessment of the Initiative
This initiative is being considered in order to address the long term planning that is required to achieve migratory bird conservation.

Two meetings have been co-hosted by the Canadian Wildlife Service and the Forest Products Association of Canada (October 2001 and March 2003) to discuss migratory bird conservation and forest management, particularly focusing on compliance with the Migratory Bird Regulations and long-term conservation of migratory birds. At the last workshop, a mixed group of participants, from government, industry and the environmental community identified a possible framework under which Environment Canada might approve migratory bird conservation plans applicable to the forestry sector. A working group has been formed to further examine this framework. The first meeting of the working group will take place in June 2003.

Benefits of this proposed initiative:

• Address current challenges to migratory bird conservation
• Improve legal certainty for industry
• Provides a clear framework for development of conservation efforts for migratory birds
• Provides opportunities for integration of conservation guidelines with existing provincial planning schemes

Note: EC is still awaiting a legal review researching the risks associated with the development of a scheme under the MBCA and regulations, whereby activities that have the potential to incidentally take migratory birds could be included in conservation plans. The review also aims at clarifying how such a scheme is supported by the Migratory Birds Convention.

Title of Proposed Regulatory Initiative
Avoiding duplication by developing permitting for migratory birds at risk within the Migratory Birds Regulations of the Migratory Birds Convention Act, 1994 (MBCA).

Description and Objectives of Proposed Initiative
Conservation of migratory birds is the responsibility of Environment Canada, under the MBCA. The new Species at Risk Act (SARA) is also the responsibility of Environment Canada and also provides protection for migratory birds. The Canadian Wildlife Service (CWS), under the Migratory Birds Regulations (MBR) administers permits concerning the killing, destruction, collection, capture, and possession of migratory birds. The new SARA legislation has permitting provisions that can also apply to migratory birds. Section 74 of the SARA indicates that a Competent minister may use other Acts to deliver permits concerning species at risk under conditions defined under 74(a) and (b).

CWS is planning to issue the required permits for Migratory Bird species that are at risk using the Migratory Bird Permit current administration. Enhanced requirements for species at risk would be included in the process for migratory bird permit issuance in order to meet the conditions identified in SARA. It must be noted that before the coming into force of SARA, permits were being issued for migratory birds that are at risk, with strict conditions in order not to jeopardize the species. recovery (e.g. banding permits for Piping Plovers).

No regulatory change would be required to implement the issuance of permits for migratory birds at risk under the MBCA (as this is already provided for under SARA 74). However, changes to the MBR would be made in order to clarify conditions for permit issuance, as this new responsibility is undertaken using the MBCA regulatory tool.

This change has long been required as an update to the MBR to conform to the modern design of regulations for fairness and improved coherence. Section 4 would therefore be updated describing general conditions for permits issued under the MBR.

Sector(s) Affected
Migratory Birds Permit holders (a few thousand); members of recovery teams and action plans, provincial/territorial jurisdictions, the conservation community, various industrial sectors, the general public.

Proposed changes to the MBR concerning permit conditions have been identified in the national consultation document posted on EC website and distributed annually to more than 700 individuals and organizations interested in migratory game bird conservation.

Involvement of/Impact on Other Jurisdictions or Federal OGDs
Other departments that administer Acts under which permits for species at risk can be issued: Fisheries and Oceans and Parks Canada. The 3 departments participated in a workshop about the issuance of SARA permits and all departments agree to use existing Acts and administration. In addition the group is putting together a manual that will support coordination of permit issuance under various Acts.

Key Stakeholders
Provincial/territorial jurisdictions, the Conservation Community, Migratory Birds Permit holders

Assessment of the Initiative
This initiative is well under way. CWS is getting prepared to issue permits for migratory birds at risk under the MBCA authority.

Publication in Canada Gazette Part 1 of proposed changes to clarify general permit conditions in the Migratory Bird Regulations is planned for January 2004.

Title of Proposed Regulatory Initiative
A Proposed Regulatory Tool to Implement Adaptive Harvest Management: The 'Red-Yellow-Green' Concept.

Description and Objectives of Initiative
Hunting regulations to manage the sustainable harvest of migratory game birds are the responsibility of Environment Canada, under the Migratory Birds Convention Act, 1994. Adaptive Harvest Management (AHM), and other related strategies for managing sustainable harvest, requires that pre-determined harvest regimes be implemented when a specified trigger is reached. However, under the federal Regulatory Policy, the consultations needed to make regulatory changes normally take 6-8 months. This period is too long to implement harvest strategies like AHM, because the triggers are based on surveys in May and June during the breeding season, with the consequent regulatory change to begin only 2 -3 months later in the next hunting season. In this context, we seek a regulatory alternative that will allow faster response time, and so have the benefit of the most recent biological information possible, while continuing to conduct effective consultations with the affected public.

The concept of 'red-yellow-green' is derived from a system used to prevent forest fires. The system defines regulatory regimes for each pre-determined forest state. The 'red' regime is enforced when the forest is very dry. It is a restrictive regime under which it might be prohibited to have fires anywhere in the forest, or even to camp. The 'yellow' regime is moderately restrictive with camping and campfires allowed, but only in campgrounds, while the 'green' places no unusual restrictions on camping or campfires. In this system, predetermined triggers (such as specific measures of dryness) direct the change from one regime to another. Users are made aware of the regulatory regime in force by signs posted on access roads.

A similar system is being contemplated for hunting regulations, where the predetermined harvest frameworks would call for harvest regime changes in response to information characterizing the state of the harvested population. For example, the 'green' (or 'liberal') regime, would be triggered when populations are abundant, but 'red' conditions would be indicated when populations were of poor status. Under 'green' conditions, the daily bag limit might be 6 birds, whereas under the 'red' regime, the bag limit might be reduced to 2 birds. The specific triggers by which each harvest regime would be invoked, as well as the regulations that would be in effect under each regime, would be determined through cooperative development of a harvest strategy.

Under this system, the harvest strategy itself would become the regulation. Comprehensive consultations would be conducted to develop the triggers and regulations for each regime. The primary participants would be the Provincial / Territorial governments, non-government conservation organizations, Aboriginal organizations and hunting groups. Once agreed to, the triggers and regulations under the strategy would be reviewed at intervals, but not annually, as is currently the practice.

Each year, hunters would be notified which regime is in force for the coming season via the 'Summary' of the hunting regulations that is received annually when purchasing the Migratory Bird Hunting Permit.

Sector(s) Affected
About 180,000 Migratory Game Bird hunters.

Involvement of/Impact on Other Jurisdictions or Federal OGDs
The Harvest Strategy, which outlines the triggers and regulatory packages in effect under each of 3 or 4 regimes is developed cooperatively through existing regional fora which include Provincial / Territorial governments, non-government conservation organizations, Aboriginal organizations and hunting groups.

Key Stakeholders
The key stakeholders are the Provincial / Territorial governments, non-government conservation organizations, Aboriginal organizations, hunting groups and the federal and state agencies in the U.S. The Canadian groups will continue to be involved, as they have been historically, through the regional migratory bird fora. The national office of Environment Canada's Canadian Wildlife Service will continue to consult with our American partners.

Assessment of the Initiative
This initiative is in the initial stages of consultation. It is being proposed in order to improve the system for setting annual hunting regulations. It has been proposed to the regional migratory bird fora through CWS representatives at those groups, as well as through the national consultation documents drafted three times annually, posted on the website, and distributed to more than 700 individuals and organizations interested in migratory game bird conservation.

Benefits of this proposed initiative:

• Regulations are based on the most recent biological information possible, unlike at present
• Continue to conduct effective consultations with the affected public, but use less of their time.
• Clarity for hunters: which regulations are in place under which circumstances
• No increased costs
• Built-in method for reducing uncertainty about the importance of hunting mortality to waterfowl conservation, through evaluation of competing system models