Endangered Species

Two 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, subsection 2(2) of Regulation 347/07 under this Act states that "Except with the written authorization of the superintendent, no person shall...disturb, kill, remove, harass or harm any animal...". For conservation reserves, the identical rule is prescribed in Regulation 319/07.

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 caught in Florida is not allowed.

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).

e) Exception for 1 Specimen

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.

The Bog Elfin and the Karner Blue are listed under the Ontario Endangered Species Act. However, this exception would allow keeping one specimen of any of the other specially protected invertebrates.

It is important to note that this exception allows for one specially protected invertebrate, not one of each species.

f) Exception for Permits and Licences

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 restricted 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, last updated January 19, 2009).

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.

Despite the reference to a "zoo licence" in the legislation, the form used by the Ministry of Natural Resources to grant a licence or permit for all of the purposes listed above is titled "Application for a Wildlife Scientific Collector's Authorization". It is not available on the web, so contact an MNR office for a copy.

The office within MNR which would have to approve an application for a licence depends on the geographic scope of the application. MNR divides the province into 3 regions, and each region is divided into districts. An application for just one district might be approved by the district office, while an application for a larger area might have to be approved by the regional office or the head office.

As noted above under "Collecting in Provincial Parks", activities within provincial parks are restricted in respect of all species of invertebrates, not just specially protected invertebrates. In that case, application for a permit should be made to the superintendent of the park. Different forms are used for this purpose.

g) Exception for pre-1997 Activity

The Act only came into force in 1997, so activities which took place before 1997 are not covered by the law. Hence it is not against the law to have a butterfly collection containing specially protected invertebrates if the specimens were collected before 1997. However, selling those specimens after 1997 would be prohibited.

Endangered Species Act, 2007 (Ontario)

This law came into force on June 30, 2008 and replaces the Endangered Species Act, 1990. Under the new law, Ontario will classify species at risk into the following categories:

• Extinct – no longer lives anywhere in the world
• Extirpated – lives somewhere in the world, lived at one time in Ontario, but no longer lives in the wild in Ontario
• Endangered – lives in the wild in Ontario, but is facing imminent extinction or extirpation
• Threatened – lives in the wild in Ontario, is not endangered, but is likely to become endangered if steps are not taken to address factors that appear to be leading to its extinction or extirpation
• Special Concern – lives in the wild in Ontario, is not endangered or threatened, but may become threatened or endangered because of a combination of biological characteristics and identified threats.

If a species is listed 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. In addition, if the species is endangered, damaging or destroying the habitat of the species is also prohibited.

As of February 2010, 5 species of insects receive the above protections: 3 butterflies, 1 moth, and 1 dragonfly. They are:
a) 3 butterflies
-Karner blue (L. melissa samuelis) -- extirpated. See ROM site entry.
-Frosted Elfin (C. irus) -- extirpated. See ROM site entry.
-Eastern Persius Duskywing (E. persius persius) -- extirpated.
b) 1 moth
-Aweme borer moth (P. aweme) -- endangered
c) 1 dragonfly
-Rapids clubtail (G. quadricolor) -- endangered

In addition, two butterflies are listed in an unprotected " special concern" category.

Monarch butterfly (Danaus plexippus). See ROM site entry.
West Virginia White (Pieris virginiensis). See ROM site entry.

Species at Risk Act (Federal)

Protections offered under the Species at Risk Act (SARA) apply only to insects on federal lands, such as national parks or aboriginal reserves. Insects on other types of land, inlcuding private lands, are not protected; the protections extended to "aquatic species" on these lands do not apply to aquatic insects. The protections prohibit specified activities with respect to any species that is classified under Schedule 1 of this Act as endangered, threatened or extirpated. The prohibited activities with respect to individuals of those species are as follows:
-kill, harm, harass, capture, or take
-possess, collect, buy, sell or trade
-damage or destroy the residence

For any such species, the federal Department of the Envionment is required to present a recovery plan within four years of its first listing on Schedule 1, and to report on the implementation of that plan every 5 years. However, this is a planning and reporting requirement only; there is no statement that the goals of the plans must be met.

As of February 2010, there were only four Ontario insect species protected under SARA, all of which are lepidoptera:
a) 3 butterflies
-Karner Blue (L. melissa samuelis): extirpated
-Frosted Elfin (C. irus): extirpated
-Eastern Persius Duskywing (E. persius persius): endangered [Note that this is listed as extirpated on the Ontario list above.]
b) 1 moth
-Aweme borer moth (P. aweme): endangered

Species listed as being of "special concern" are not protected under SARA. The monarch butterfly is the only Ontario insect in this category.

COSEWIC Insect Assessments

The federal and provincial governments have established a Committee on the Status of Endangered Wildlife in Canada (COSEWIC) which makes advice about which insects should be put on endangered species lists. COSEWIC has established 10 Species Specialist Subcommittees (SSCs), of which one is for Arthropods, including insects.

The Arthropod SSC has 17 members, including TEA members Paul Catling (co-chair), Colin Jones and Ross Layberry. This subcommittee is no small venture; in the fall of 2009 it had studies worth $135,000 on a total of 18 species underway, and each year the committee meets for an entire week to review these studies.

As of February 2010, 7 species of Ontario lepidoptera have been examined. There are 5 butterflies.
- 4 species assessments have been issued--Karner Blue and Frosted Elfin rated as extirpated, Eastern Persius Duskywing rated as endangered; and Monarch Butterfly rated as of special concern.
- 1 status report is in the process of being completed -- Mottled Duskywing (E. martialis)
There have also been 2 moths, and in both cases the species have been rated as endangered. They are the Aweme Borer (P. aweme) and the Bogbean Buckmoth (Hemileuca sp.).
Almost all of the above species are now protected under federal and Ontario endangered species legislation. The one exception is the Bogbean Buckmoth, which was only given its COSEWIC rating in November 2009. COSEWIC's explanation of this rating is as follows:
"This very rare moth is only known from New York and Ontario. In Ontario, it is found in two widely separated fens. It is susceptible to the effects of exotic invasive plants, especially European Common Reed, that are crowding out its preferred foodplant, the Bogbean, and of potential flooding or drying of habitat resulting from manipulation of water levels at the main site."

Many other Ontario insect orders are represented in the Arthropod subcommittee's work. As of February 2010, 2 dragonflies and one beetle have been rated as endangered: the Rapids Clubtail (Gomphus quadricolor), the Pygmy Snaketail (Ophiogomphus howei) and the Northern Barrens Tiger Beetle (Cicindela patreula). Of this group, only the Rapids Clubtail is currently protected, and this is under Ontario legislation only.

An article in the fall 2009 issue of Newsletter of Biological Survey of Canada (Terrestrial Arthropods) provides more information on COSEWIC insect assessments.

Natural Heritage Information Centre (NHIC)

The NHIC in Peterborough is a joint venture of the Ontario Ministry of Natural Resources with 3 conservation group. A public database lists species of Lepidoptera, Odonata and Coleoptera which it considers to be potentially at risk and provides a useful list of references on each one. Numbers of occurrences of these species are also tracked.

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