NEW MANITOBA "WILDLIFE AMENDMENT ACT"

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WINNIPEG FREE PRESS, WEDNESDAY, MAY 3, 2000

New law to ban penned hunting may prohibit parrots, too, lawyer warns Bill endangers exotic pets: critic

___________By Doug Nairne___________

MANITOBA bird enthusiasts say the Doer government is about to turn them into criminals.

Proposed changes to the Wildlife Act that were supposed to ban penned hunting are so poorly drafted, they could make it illegal to own exotic pets as well, according to a lawyer who has reviewed the bill.

"If this is passed, your pet budgie could be illegal in Manitoba," said Christopher Holoboff, who is also director of the Avicultural Advancement Council of Canada "This is a horrendous piece of legislation that obviously has not been well thought out." Holoboff said Bill 5 -- The Wildlife Amendment Act -- includes a broad clause that allows a ban on possession of almost any bird or animal that is not native to Manitoba. He said that would include birds like parrots, budgies or other exotic pets like reptiles.

Despite assurances from the Conservation Department that the new powers would not be used against pet owners, opponents say they don't trust the government to do the right thing once the legislation is passed. Dennis Saydak, who runs an aviary and sells exotic birds, said he will be ruined if the amendments go through. "It will put me right out of business if it passes," he said. "Why are they dealing with exotic birds if they are trying to ban penned hunting?"

Saydak said there are thousands of bird owners in Winnipeg, making them the third most popular pets after dogs and cats. Bill 5 was introduced by the NDP last fall, but has not been passed in this session. The amendments ban the possession all non-native species, but only after they are added to a special list. A spokesman for the Conservation Department said there is no intention to add pets to the list, but Saydak said he isn't convinced. "With one stroke of a bureaucrat's pen, they can do whatever they want," he said.

Opposition leader Gary Filmon released an internal Conservation Department memo yesterday that shows a series of public hearings on the amendments were cancelled due to concerns by senior department officials. He said the legislation should be reviewed so that the flaws can be worked out. "It sounds like they know something is wrong with the bill and they don't want to go out there and face the music," he said. Lathlin tried to defuse the situation. "If you pen your parrot up and tie it to a tree and then ask some people in to shoot at it, that is what this bill is all about," he said. "Pet owners are OK."

But the bird owners are not alone in their opposition to the Bill 5. People who keep other exotic pets like snakes and alligators have also been bombarding MLAs with complaints. Yesterday, Bison producers joined in the criticism, saying their industry is in jeopardy as well. Attempts to crack down on one or two people who want to offer penned hunting threatens the future of about 170 other producers, they say. "We simply cannot live with bison being put under Conservation Department control," said Dave Giesbrecht. "We're in the business of selling meat."

C.C.S.M. c. W130 amended

1 The Wildlife Act is amended by this Act

2 Section 1 is amended

(a) by adding the following definition in alphabetical order:

"exotic wildlife" means a live or dead animal of any species or type that is

(a) wild by nature but not indigenous in the province, and is declared by the regulations to be exotic wildlife,

(b) a hybrid descendant of an animal described in clause (a), or

(c) an egg, sperm, embryo or body part of an animal described in clause (a) or (b); ("faune non indigene", "gibier non indigene" ou "animal de la faune non indigene")

(b) by repealing the definition "wildlife" and substituting the following:

"wildlife" means a live or dead vertebrate animal of any species or type that is not a fish and is

(a) wild by nature and indigenous in the province,

(b) listed in Schedule A,

(c) declared by the regulations to be big game, a game bird, a fur bearing animal, an amphibian or reptile, or a protected species,

(d) a hybrid descendant of an animal described in clause (a), (b) or (c), or

(e) an egg, sperm, embryo or body part of an animal described in clause (a), (b), (c) or (d). ("faune", "gibier, ou "animal de la faune")

4 Section 65 is amended by adding "or exotic wildlife" after "wildlife" in the section heading and in the part preceding clause (a).

5(1) Clause 71(1)(a) is repealed and the following is substituted:

(a) all or part of any wildlife or exotic wildlife, or the pelt, skin or hide of any wildlife or exotic wildlife;

(a) by adding "exotic wildlife," after "specimen of wildlife or"; and

(b) by adding "or exotic wildlife" after "hide of wildlife ".

6 Subsection 73(2) is amended by adding "or exotic wildlife" after "wildlife" in the section heading and in the subsection.

7 Section 76 is amended by adding "or exotic wildlife" after "wildlife" wherever it occurs.

8(1) Clause 84(1) (a) is amended by adding "or exotic wildlife" after "wildlife" wherever it occurs.

8(2) Clause 84(1)09 is amended by adding "or exotic wildlife" after "wildlife".

9 Subsection 85(2) is amended by adding "or exotic wildlife" after "wildlife".

10 Subsections 87(1) and (2) are amended by adding "or exotic wildlife" after "wildlife" in the section headings and wherever it occurs in the subsections.

11(1) Clause 90(g) is repealed and the following is substituted:

(g) prohibiting or regulating the hunting, killing, trapping, taking, capturing, baiting or attracting of a species or type of wildlife or exotic wildlife

(i) generally,

(ii) in a specified area,

(iii) during a specified period of the year,

(iv) in a specified manner, or

(v) of a specified sex or age;

(k) regulating the use and management of, and the hunting, killing, trapping or taking of wildlife or exotic wildlife, or a species, type or kind ofwildlife or exotic wildlife, in an animal control area, wildlife management area, public shooting ground, registered trapline district or special trapping area including, without limiting the generality of the foregoing,

(i) prescribing special permits and licences for hunting or trapping and prescribing terms and conditions, and

(ii) prescribing periods during which hunting or trapping of wildlife or exotic wildlife, or a species or type of wildlife or exotic wildlife, is permitted;

(k. 1 ) regulating any activity associated with wildlife or exotic wildlife for the purpose of protecting persons, livestock, crops, or other property;

11 (4) Clause 90(0) is repealed and the following is substituted:

(o) regulating the use of blinds, decoys, baits, attractants and chemical iramobilization agents in the hunting, trapping, capture, observation, feeding, care, possession or husbandry ofwildlife or exotic wildlife;

11(6) Subclause 90(q) (i) is am ended by adding "or exotic wildlife" after "wildlife ".

11(7) Clause 90(s) is amended by adding "or exotic wildlife" after "wildlife".

11(8) Clause 90(z) is amended by adding "or exotic wildlife" after "wildlife ".

11 (9) Clause 90(cc) is am ended by adding "or regulating" after "prohibiting".

11(10) Clause 90(dd) is amended by striking out "import or export" and substituting "import, export or possession".

11(11) Clause 90(gg) is repealed and the following is substituted:

(gg) regulating the sale of wildlife or exotic wildlife raised and kept in captivity;

(gg. 1) regulating the sale of wildlife or exotic wildlife brought into the province;

(hh) respecting the licencing and operation of shooting preserves, and the possession, raising, propagation and taking of wildlife and exotic wildlife in captivity;

12 This Act comes into force on a day fixed by proclamation.

This Bill contains a number of amendments to The Wildlife Act, including the following:

It expands the definition of "wildlife" to include dead wildlife, hybrid descendants of wildlife, and eggs, sperm, embryos and body parts of wildlife.

It establishes a new classification of animals called "exotic wildlife". These animals are wild by nature but not indigenous in Manitoba.

It provides authority for government regulation and enforcement of:
-- captive hunting ofwildlife and exotic wildlife;
-- activities associated with exotic wildlife including possession, hunting, and trapping;
-- activities associated with exotic wildlife to protect persons, and livestock, crops, and other property.

Toronto Office:
Suite 500, 27 Queen Street East
Toronto, Ontario M5C 2M6
Fax: (416) 362-5013
E-mail: choloboff.com.

Victoria Office:
P.O. Box 5126, Station B
Victoria. B.C. V8R 6N4
Fax: (250) 477-9935
E-mail: aacc@home.com.

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