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The Migratory Birds Convention Act and Regulations
OverviewMost migrating birds found in Canada are protected under the Migratory Birds Convention Act (M.B.C.A.) of 1917. The Act fulfilled the terms of the Migratory Birds Convention of 1916 between Canada and the U.S.A. The Canadian government has the authority to pass and enforce regulations to protect those species of migratory birds which are included in the Convention. Similar legislation in the United States protects species found in that country. In Canada, the M.B.C.A. is administered by the Wildlife Enforcement Division of Environment Canada in cooperation with provincial and territorial governments. Enforcement of the Act and Regulations is the responsibility of the Canadian Wildlife Service, the Royal Canadian Mounted Police and provincial or territorial law enforcement authorities. The Wildlife Enforcement Division recognizes that Canadians, as well as Americans, have numerous questions about this Act and Regulations. The purpose of this Q&A is to answer frequently asked questions as well as provide the reader with a better understanding of the M.B.C.A. and Regulations. Readers should note that this is not a legal document. For exact wording consult the Migratory Birds Convention Act and Migratory Birds Regulations. Question:Why are some species of migratory birds such as pelicans, cormorants, hawks and owls, protected under provincial and territorial legislation rather than under the M.B.C.A.? Answer:In 1916, when the International Convention was signed, it enabled legislation to be enacted to protect migrating birds which were considered either useful or harmless to humans. At the time of the signing, there were several species of migrating birds which were excluded from protection under the M.B.C.A. due to their "undesirability" to humans. Pelicans, cormorants, hawks and owls, to name a few, were once considered pests and subsequently left unprotected. These birds have since been recognized for their importance to both humans and the environment and have therefore become protected under provincial and territorial legislation. Question:What licence or permit do I require to hunt migratory game birds in Canada? Answer:To hunt migratory game birds in Canada, you require a Canada Migratory Game bird Hunting Permit as well as a Habitat Conservation stamp. Depending on the area you wish to hunt, you may also require a provincial or territorial permit. Check with the Fish and Wildlife Agency in your area as to provincial or territorial permit requirements prior to hunting migratory game birds. Question:I have misplaced my Migratory Game Bird Hunting Permit. Do I have to purchase a new permit before I go out hunting migratory game birds? Answer:Yes, if you misplace your current Migratory Game Bird Hunting Permit, you must purchase a new permit at your expense. Question:Can I give my Migratory Game Bird Hunting Permit to a hunting partner if, for some reason, I cannot go hunting? Answer:No, your Migratory Game Bird Hunting Permit is non-transferable. Question:If a hunter offered me some of his birds, would I, a non-hunter, require a Migratory Game Bird Hunting Permit prior to accepting them? Answer:Not necessarily. If you do not possess or wish to purchase a Migratory Game Bird Hunting Permit to cover the ducks given to you, you may still possess the birds legally if:
Question:What is the difference between the daily bag limit and the possession limit? Answer:The daily bag limit is the maximum number of birds which you may have in your possession during any single day of hunting. The possession limit is the maximum number of birds which you may have in your possession after having hunted for more than a single day and includes birds you have at your residence as well as in the field. Question:After I've completed a three day hunt, may I transport both my hunting partner's possession limit as well as my own limit back to our homes, even if my hunting partner is not physically present with me in the vehicle? Answer:Yes, you may transport your hunting partner's birds as long as he has obtained the birds legally. A tag with your partner’s name, address, signature, Migratory Game Bird Hunting Permit number, and the date the birds were taken must be attached ti each carcass. If the birds are to be transported or shipped in a container, you must ensure that the container is clearly marked with the name and address of the shipper, the Migratory Game Bird Hunting Permit number and an accurate statement of the contents of the container. If the birds are cleaned prior to transport, you must ensure that one fully feathered wing is left attached to each bird. Question:Why must all hunters leave one fully feathered wing attached to each migratory game bird? When can this feathered wing be removed? Answer:In many areas of Canada, daily bag limits and possession limits are species specific. For example, one province may only allow a daily bag limit of two canvasback ducks while the total daily bag limit, in that area, may be six ducks. If the fully feathered wing, which readily identifies the species of waterfowl, were not left on the bird, it would be difficult for enforcement officers to accurately inspect and identify the hunter's daily bag or possession limits. The wing may be removed once the bird is prepared for immediate cooking or after the bird is taken to the owner's residence for preservation. Question:I live in a small town which is located near the Manitoba and Saskatchewan border. If I have the required permits and hunt the same day in both provinces, would I then be allowed to be in possession of daily bag limits for both provinces? Answer:No, you would be allowed to have only the higher daily limit. For example, if the daily bag limit for ducks is six in Manitoba and five in Saskatchewan and if you hunted in both provinces in one given day, you would be limited to a maximum of six ducks in your possession for that day. Question:I enjoy waterfowl hunting but am not particularly fond of the taste of some ducks. Can I trade some of my legally harvested ducks for shotgun shells? Answer:No, it is illegal at any time to sell, trade, barter, or buy migratory birds, or the carcasses of migratory birds unless authorized to do so by a special permit. You may want to concentrate on hunting the ducks you do enjoy eating rather than the ones you do not. Being able to identify waterfowl on the wing not only ensures that you stay within species limits but also allows you to harvest birds you find desirable to eat. Question:Being an avid hunter, I am always trying to learn new hunting techniques to better my chances of a successful hunt. Is it legal to deposit bait such as grain or corn so as to attract waterfowl for hunting? Answer:No, in Canada, migratory game birds may not be baited for the purpose of hunting. Question:Is it legal to use a compound bow for hunting waterfowl? Answer:Yes, in Canada, a compound or recurve bow may be used to hunt migratory game birds. Question:Is it legal to use a .22 calibre rifle or a shotgun with slugs to hunt migratory game birds? Answer:In most areas of Canada, it is illegal to hunt migratory game birds with the use of a rifle or a shotgun loaded with a single bullet. However, exceptions to this regulation do exist. For more information contact the Fish and Wildlife Agency in your area. Question:I like to hunt ducks with a .12 gauge shotgun and geese with a.10 gauge shotgun. Is it okay to have both shotguns in a hunting blind while hunting ducks and geese? Answer:Yes, however any extra shotgun which you have with you must be unloaded and disassembled or unloaded and cased. Question:While hunting out of a boat, can I start shooting at waterfowl as soon as I have turned off the engine? Answer:No, you may only start hunting once the motor has been turned off and the boat has stopped. Question:I enjoy hunting in marshy areas but sometimes find it very difficult to retrieve wounded waterfowl. I do not own a boat or a good retriever and would like to know what the regulations are concerning the retrieval of birds? Answer:While out hunting migratory game birds, you must have adequate means for retrieving any bird you may kill, cripple or injure. Once the bird has been shot, you must immediately make every reasonable effort to retrieve the bird. Question:What are the legal hours for hunting waterfowl in Canada? Answer:Legal hunting hours for migratory game birds in Canada are as follows: South of the 60th parallel, you may hunt from 1/2 hour prior to sunrise to 1/2 hour after sunset; North of the 60th parallel, you may hunt from one hour before sunrise to one hour after sunset. (In the north, even one hour after sunset or one hour before sunrise provides the hunter with enough light to hunt safely). Some provinces and territories may have further specific restrictions. Contact your local Fish and Wildlife Agency as to the possible restrictions in your hunting area.
Question:I am a resident of Montana and have hunted waterfowl in Canada during the open hunting season. Can I return south with my possession limit of ducks even if the bird hunting season is closed? Answer:All birds taken under the authority of a Migratory Game Bird Hunting Permit must be transported during the open season or within five days after its termination. In your situation, an export permit which is available from the Provincial or Territorial Fish and Wildlife Agencies would be required prior to your return trip home with the ducks. Question:I often have trouble with mallards getting into my crop and causing damage prior to harvest. During the closed season, would I be within the law to use a shotgun to scare the birds away? Answer:No, without a scare permit, you cannot use firearms to disperse migratory birds which are causing damage to crops. Scare permits are available from the Canadian Wildlife Service or your local Fish and Wildlife Agency. Question:While hunting waterfowl, I have noticed certain areas which are posted with "Lure Crop" or "Waterfowl Feeding Stations" (Bait Station) signs. As a hunter, what restrictions do I have when hunting near areas posted with these signs? Answer:Lure crops and waterfowl feeding stations are lands managed by the federal and provincial governments for the purpose of luring waterfowl away from farmer's unharvested crops. You are not permitted to hunt or enter a lure crop or waterfowl feeding station without prior written authorization from a game officer.
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