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Toronto Entomologists’ Association
Toronto, Ontario Canada |
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Two important laws that pertain to insects arethe Ontario Fish and Wildlife Conservation Act, 1997 (last amended in 2007) and the Ontario Endangered Species Act, 2007. Fish and Wildlife Conservation Act a) Provincial Parks This Act (the FWCA) makes it illegal to hunt, trap or possess wildlife in a provincial park or Crown game reserve. This includes all insects. (Subsection 9(1)). b) Release of Imported Insects The FWCA makes it illegal to release in Ontario any invertebrate or wildlife 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. c) Species Protected Elsewhere A person shall not possess 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)) d) All Ontario - Particular Species The FWCA has major implications for people who raise insects and people who trade in dead insect specimens. Any person who raises any "specially protected inverterbrate", or who buys or sells dead specimens of such an inverterbrate, must obtain a licence from the Ontario Ministry of Natural Resources. The penalties for violating these rules range from $150 to $250 per instance. Schedule 11 to the Act defines "specially protected invertebrate" as follows:
Note that this list includes not only rare or endangered species but also many common species, notably monarch butterflies and probably all Ontario species of swallowtail butterflies. (The Canadian tiger swallowtail (P. canadensis) is excluded, but subsection 1(6) of the Act says that species which are not "easily distinguishable" from the listed species are also included.) 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. The insect need not originate in Ontario to be included. See the Act, subsection 1(2). There are 2 forms to obtain: e) Detailed Provisions of the FWCA For the full text of the FWCA, see here. Section 5 of the FWCA prohibits the hunting or trapping of specially protected invertebrates. This prohibits the taking of the above listed butterflies for collecting purposes, livestock-rearing purposes, or any other purpose. A person shall not hunt, trap or possess wildlife (which includes specially protected invertebrates) in a provincial park or Crown game preserve (subsection 9 (1)). Section 40 prohibits the keeping of live specially protected invertebrates (includes butterflies) in captivity except under the authority of a licence and in accordance with the regulations. Under Ontario Regulation 668/98, a person who is issued a "zoo" licence may keep live game wildlife and specially protected wildlife in captivity and also may buy, sell or propagate them. Such a person may also hunt or trap in order to collect specimens for rearing purposes. It appears that a "zoo" can be an individual person who wishes to rear insects, and is not restriced to a zoo in the traditional sense. The definition used in the Regulation is "a place where game wildlife or specially protected wildlife is is kept in captivity for display to the public and for conservation, educational or scientific purposes." The penalty for failing to apply for a licence to own or operate a zoo is $150 (Schedule 17.10 of the Ontario Court of Justice, upated November 15, 2006). Subsection 40 (2) (b) allows a person to keep one specially protected invertebrate in captivity for the purposes of personal education without a licence, provided that the species is not listed under the Ontario Endangered Species Act or the federal Species at Risk Act. This might allow an individual to keep one butterfly of the species found in schedule 11(listed above). Subsection 40 (2) (c ) allows a person to keep specially protected invertebrates in captivity for any educational or scientific purpose or any other purpose with the authorization of the Minister. This section would allow for keeping insects in captivity for introduction and recovery programs. It could also apply to persons possessing butterflies for education etc. Section 45 of the FWCA prohibits the propagation of specially protected invertebrates except under authority of a licence. At the present time, only the holder of a zoo licence (as described above) is allowed to propagate specially protected invertebrates. Section 46 prohibits the release of specially protected invertebrates that have been kept in captivity without the permission of the Minister. Section 48 prohibits the sale or purchase of specially protected invertebrates without the authority of a licence. This includes barters or swaps in which no money is involved (subsection 1(1)). At the present time the only persons who can legally purchase and sell specially protected invertebrates are the holders of a zoo licence. The penalty for violating this rule is $150 for failing to apply for a zoo licence plus $250 for buying or selling (Schedule 17.10). Section 54 prohibits the release of wildlife or an invertebrate that has been imported into Ontario or propagated from stock imported into Ontario without the approval of the Minister. At the present time, an invertebrate that has been imported into Ontario by a permit issued by CFIA under the Plant Protection Act is exempted from the requirement to receive Minister's approval before release. Endangered Species Act, 2007 The new law comes into force on June 30, 2008 and replaces the Engangered Species Act, 1990. Under the new law, Ontario will classify species at risk into the following categories:
If a species is listed on the Species at Risk in Ontario List as an extirpated, endangered or threatened species, the Bill prohibits killing, harming, harassing, capturing, taking, possessing, collecting, buying, selling, leasing, trading or offering to buy, sell, lease or trade a member of the species. If a species is listed on the Species at Risk in Ontario List as an endangered or threatened species, the Bill prohibits damaging or destroying the habitat of the species. Four species are to receive the above protections: 1) Eastern Persius Duskywing (Erynnis persius persius) -- extirpated. The government statement is: 2) Frosted Elfin (Callophrys irus) -- endangered. See ROM site entry. 3) Karner blue (Lycaeides melissa samuelis) -- endangered. See ROM site entry. 4) Aweme Borer Moth (Papaipema aweme) - endangered. The government statement is: In addition, two butterflies are listed in an unprotected " special concern" category. Monarch butterfly (Danaus plexippus). See ROM site entry. The TEA believes that the Karner Blue and the Frosted Elfin no longer exist in the wild in Ontario, although they do occur elsewhere. This is the status which they have been assigned by the list maintained by the federal committee of experts, the Committee on the Status of Endangered Wildlife in Canada (COSEWIC). Another list of rare insects (Coleoptera, Lepidoptera and Odonata) is kept by the National Heritage Information Centre. Although this list does not have the force of law, it is a valuable source of information as as the NHIC keeps a databases of occurrences of all species on its list.
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