Thursday, 8 August 2013

Ontario Insects – Endangered Species

pest control london ontarioTwo important Ontario laws that pertain to insects are the Ontario Fish and Wildlife Conservation Act, 1997 and the Ontario Endangered Species Act, 2007. The former Act has been amended effective December 15, 2009 by the Good Government Act, 2009, while the latter Act has not been amended since it was passed. The text of both laws is available on the Ontario government’s e-laws website.
The December 15, 2009 changes to the Fish and Wildlife Conservation Act were very minor and affected only the list of specially protected invertebrates. The Canadian Tiger Swallowtail (P. canadensis) was added to the list, and the Latin names of other species on the list were updated to reflect current biological literature.
The federal government protects endangered species through the Species at Risk Act. See the Species at Risk Public Registry for the species protected by this law.
The two Ontario laws are described in detail below.
Fish and Wildlife Conservation Act (Ontario)
There are two main types of provisions in the law.
(1) One type applies to “wildlife”, which includes all animals that are wild by nature. This would appear to include invertebrates (including insects).
(2)The other type applies to “specially protected wildlife”, which includes “specially protected invertebrates” as one category. Certain butterflies are part of that.
a) Collecting in Provincial Parks
Subsection 9(1) makes it illegal to hunt, trap or possess wildlife in a provincial park or Crown game preserve.
This issue is also addressed in Ontario’s Provincial Parks and Conservations Reserves Act, 2006. In respect of provincial parks, paragraph (2)(a) of Regulation 347/07 under this Act states “(2) Except with the written authorization of the superintendent, no person shall, (a) disturb, cut, kill, remove or harm any plant, tree or natural object in a provincial park…” Although “natural object” is not defined, it appears to be broad enough to include insects.
b) Release of Imported Insects
The FWCA makes it illegal to release in Ontario any wildlife or invertebrates that is imported into Ontario or originates from stock that is imported into Ontario (section 54).
This rule does not only apply to exotic species; there appears to be no exemption for releases of species which naturally occur in Ontario. Thus, for example, if a person ordered eggs of the cecropia silkmoth from a dealer in Prince Edward Island and then released in Ontario the caterpillars or adults resulting from those eggs, he or she would be contravening the law.
c) Species Protected Elsewhere
A person shall not possess any wildlife or invertebrates that were killed, captured etc. contrary to laws of another jurisdiction or that were removed from another jurisdiction contrary to the laws of that jurisdiction (subsection 58 (1)). For example, it is illegal to have in one’s collection any insects that were caught in violation of another country’s endangered species laws.
d) All Ontario – Particular Species
The FWCA has major implications for people who raise insects, collect insects, or trade or exchange dead insect specimens.
Various activities in respect of any “specially protected invertebrate” are not allowed. These include the following.
-hunting or trapping (i.e., collecting): subsection 5(1).
-propagating (i.e., breeding): subsection 45(1)
-keeping in captivity (i.e., rearing and possibly also banding): subsection 40(1)
-buying or selling, including exchanging or bartering: subsection 48(1). Gifting is apparently not prohibited.
The penalties for violating these rules range from $150 to $250 per instance. However, it may be possible to be exempted from this rules through obtaining a licence from the Ontario Ministry of Natural Resources. This is discussed further below.
Schedule 11 to the Act defines “specially protected invertebrate” as follows:
  • Karner Blue (L. melissa samuelis)
  • Monarch (D. plexippus)
  • West Virginia White (P. virginiensis)
  • Mottled Duskywing (E. martialis)
  • Bog Elfin (C. lanoraieensis)
  • Frosted Elfin (C. irus)
  • Black Swallowtail (P. polyxenes)
  • Giant Swallowtail (P. cresphontes)
  • Old World Swallowtail (P. machaon)
  • Pipevine Swallowtail (P. philenor)
  • Spicebush Swallowtail (P. troilus)
  • Eastern Tiger Swallowtail (P. glaucus)
  • Canadian Tiger Swallowtail (P. canadensis)
  • Zebra Swallowtail (E. marcellus)
Note that this list includes not only rare or endangered species but also many common species, notably monarch butterflies and all Ontario species of swallowtail butterflies. The list includes only butterflies — no moths or other insects are included.
The above rules apply not only to living insects but also dead specimens or any part of a specimen (subsection 1(2)). The insect need not originate in Ontario to be included. Thus, the purchase of Zebra Swallowtail specimens READ MORE

No comments:

Post a comment