Migratory Birds Convention Act, 1994 — M-7.01 1
Article II of the Convention is deleted and replaced by the following: The High Contracting Powers agree that, to ensure the long-term conservation of migratory birds, migratory bird populations shall be managed in accord with the following conservation principles: To manage migratory birds internationally; To ensure a variety of sustainable uses; To sustain healthy migratory bird populations for harvesting needs; To provide for and protect habitat necessary for the conservation of migratory birds; and To restore depleted populations of migratory birds. Means to pursue these principles may include, but are not limited to: Monitoring, regulation, enforcement and compliance; Co-operation and partnership; Education and information; Incentives for effective stewardship; Protection of incubating birds; Designation of harvest areas; Management of migratory birds on a population basis; Use of aboriginal and indigenous knowledge, institutions and practices; and Development, sharing and use of best scientific information. 1 Except as provided for below, there shall be established the following close seasons during which no hunting shall be done: (a) The close season on migratory game birds shall be between March 10 and September 1, and the season for hunting shall be further restricted to such period not exceeding three and one-half months as the High Contracting Powers may severally deem appropriate and define by law or regulation; and (b) The close season on migratory insectivorous birds and other migratory nongame birds shall continue throughout the year. 2 Except as provided for below, migratory birds, their nests, or eggs shall not be sold or offered for sale. 3 Subject to laws, decrees or regulations to be specified by the proper authorities, the taking of migratory birds may be allowed at any time of the year for scientific, educational, propagative, or other specific purposes consistent with the conservation principles of this Convention. 4 Notwithstanding the close season provisions in paragraph 1 and the prohibition on the taking of eggs in Article V, and respecting aboriginal and indigenous knowledge and institutions: (a) In the case of Canada, subject to existing aboriginal and treaty rights of the Aboriginal peoples of Canada under section 35 of the Constitution Act, 1982 , and the regulatory and conservation regimes defined in the relevant treaties, land claims agreements, self-government agreements, and co-management agreements with Aboriginal peoples of Canada: (i) Migratory birds and their eggs may be harvested throughout the year by Aboriginal peoples of Canada having aboriginal or treaty rights, and down and inedible by-products may be sold, but the birds and eggs so taken shall be offered for barter, exchange, trade or sale only within or between Aboriginal communities as provided for in the relevant treaties, land claims agreements, self-government agreements, or co-management agreements made with Aboriginal peoples of Canada; and (ii) Migratory game and non-game birds and their eggs may be taken throughout the year for food by qualified non-aboriginal residents in areas of northern Canada where the relevant treaties, land claims agreements, self-government agreements, or co-management agreements made with Aboriginal peoples of Canada recognize that the Aboriginal peoples may so permit. The dates of the fall season for the taking of migratory game birds by qualified residents of Yukon and the Northwest Territories may be varied by law or regulation by the proper authorities. The birds or eggs taken pursuant to this sub-paragraph (ii) shall not be sold or offered for sale. (b) In the case of the United States: (i) Migratory birds and their eggs may be harvested by the indigenous inhabitants of the State of Alaska. Seasons and other regulations implementing the non-wasteful taking of migratory birds and the collection of their eggs by indigenous inhabitants of the State of Alaska shall be consistent with the customar