Swallows, the N.W.T. E.N.R, the migratory bird Act, and I!

[rustytools]

CAUTION! To all hanger operators and applicable employees, make sure you read the Migratory Birds Act before you do anything that might affect the well being of a Migratory Bird.

Here are a few of the important sections. Skip to the bottom for my experience with an overzelous Renewable Resources Officer in Inuvik.


"migratory bird" means a migratory bird referred to in the Convention, and includes the sperm, eggs, embryos, tissue cultures and parts of the bird;

"nest" means the nest of a migratory bird and includes parts of the nest.

PURPOSE

Purpose

4. The purpose of this Act is to implement the Convention by protecting and conserving migratory birds — as populations and individ­ual birds — and their nests.

1994, c. 22, s. 4; 2005, c. 23, s. 3

Powers of peace officers
(4) For the purposes of this Act and the regulations, game officers have all the powers of a peace officer, but the Minister may specify limits on those powers when designating any person or class of persons.

Inspections

7. (1) For the purpose of verifying compliance with this Act and the regulations, a game officer may, subject to subsection (3), at any reasonable time, enter and inspect any place, including a vessel, in which they believe, on reasonable grounds, there is any thing to which this Act or the regulations apply or any document, record or data relating to the administration of this Act or the regulations, and the game officer may

(a) open or cause to be opened any container that the game officer believes, on reasonable grounds, contains any such thing or document;

(b) inspect the thing and take samples free of charge;

(c) require any person to produce the document for inspection or copying, in whole or in part;

(c.1) use or cause to be used any computer system or data processing system at the place to examine any data contained in or available to the system;

(c.2) reproduce or cause to be reproduced any record from the data in the form of a printout or other intelligible output;

(c.3) take a printout or other output for inspection or copying;

(c.4) use or cause to be used any copying equipment at the place to make copies of the record or document; and

(d) seize any thing by means of or in relation to which the game officer believes, on reasonable grounds, this Act or the regulations have been contravened or that the game officer believes, on reasonable grounds, will provide evidence of a contravention.

Inspection warrant — non-dwellings
(5) On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing a game officer to enter a place other than a dwelling-place, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

(a) the conditions for entry described in subsection (1) exist in relation to the place;

(b) entry to the place is necessary for the administration of this Act or the regulations;

(c) entry to the place has been refused, there are reasonable grounds to believe that entry will be refused, the game officer is not able to enter without the use of force or the place is abandoned; and

(d) all reasonable attempts have been made to notify the owner, operator or person in charge or control of the place.

Assistance

8.3 An owner, operator or person in charge or control of a place entered by a game officer under this Act, and every person found in the place, shall

(a) give the game officer and every person under their direction and control all reasonable assistance to enable the game officer to carry out their duties and functions under this Act; and

(b) provide the game officer and every person under their direction and control with any information relating to the administration of this Act and the regulations that the game officer may reasonably require.

2005, c. 23, s. 7.

Regulations

12. (1) The Governor in Council may make any regulations that the Governor in Council considers necessary to carry out the purposes and provisions of this Act and the Convention, including regulations

(a) providing for the periods during which, and the areas in which,

(i) migratory birds may be killed, captured or taken,

(ii) nests may be damaged, destroyed, removed or disturbed, or

(iii) migratory birds or nests may be bought, sold, exchanged, given or made the subject of a commercial transaction;

Yata Yata Yata...

(h) for prohibiting the killing, capturing, injuring, taking or disturbing of migratory birds or the damaging, destroying, removing or disturbing of nests;
(h.1) respecting the conditions and circumstances under which migratory birds may be killed, captured, injured, taken or disturbed, or nests may be damaged, destroyed, removed or disturbed;

Herein, therefore, in absence of...

I was "hanger sitting" for my father at the Inuvik Airport. It is the former Ice Patrol hanger, and can hold a 737. Big doors. Swallows like big doors. Swallows like crapping on big doors and filling up tracks of big doors with nest material and crap.

Every time I open or shut the doors, pieces of Swallow nest fall down. When an airplane powers up on the apron it sends them flying.

So I buy a Pellet Rifle and start shooting nests, not the birds, just the nests. I would rather see a nest come down with eggs in it then full of chicks: The chicks are heavier, and when the doors open, the nest's fall easier.

Next day I get a visit from a Renewable Resources Officer. I was charged with hunting a migratory bird with a firearm, out of season, without a permit.

The NEXT DAY, a Sunday, there at my door are 3 Renewable resource officers with a SEARCH WARENT to search the premises for the pellet rifle, bird carcases (I didn't shoot any birds, contrary to the Officers belief) and pieces of bird nest.

They spent the better part of an hour searching my hanger, the apron, around the apron, my garbage bins... and the entire time they had one guy(the officer with the sidearm!) shadow me wherever I went!

Slowing breathing, reducing heart rate, relaxing, thinking of my happy place...

Has this ever happened to anyone else out there. If so, what was the outcome?

Are there any suggestions or information I should know?

I have my father (ex R.C.M.P., ex Herc Pilot, Currently PISSED OFF) on my side, which is better then any lawyer, but thought and suggestions from fellow aviation types would be appreciated.

Thanks in advance;

The (Deep Spooky voice) "Swallow Killer!" (que eerie music and frantic bird noises!)

[Northern Skies]

It looks like you have run into some of the biggest pricks canda has to offer. They must be really bored.These guys have a lot of powers and deal with things which are very open to interpretation.

The thing that raises an eyebrow about the charge though, is that it was not a firearm. Does it shoot faster than 500fps? (however, some provincial game laws class any barrelled device as a firearm)

[Four1oh]

you have GOT to be kidding! Swallow, as in Barn Swallow?

[timbob]

Those officers should be out doing something important like fitting the polar bears with life jackets.(without the use of anesthetic of course)

[Hedley]

Your tax dollars at work.

[2R]

http://www.coveside.com/merchant/swallows.html

Start putting some of these houses up for them .On poles is the best place or up high where rats cannot raid there nest is also good .Besides being great entertainment watching these amazing birds fly .They eat their weight in bugs every day .

By putting external nest's around the hanger you should get them to nest outside and both will be happy .

By the way how are the bugs up there this year.usually around a nest site the bugs are scarce as those little swallows are great hunters on the wing .If you want to learn dog fighting and aerial combat watch the swallows .Those little birds have told us a lot.
It was the swallows that left europe and asia in their migrations that fortold of another land across the sea.It is where the expression "A little bird told me" came from used a lot by the mystical brothers of the sea.

By the way did i mention they eat a lot of bugs ???Think aboot dat when you are splashing the chemicals on yourself .Get the birds to do some of the work for you

[rustytools]

The pellet rifle is a Hamereli 490, as in 490 ft per sec, so no, from what I am used to, this is not a firearm. The other thing is that he asked me if I was shooting a firearm the day before, but he hadn't read me my rights yet, so my statement can't be used in court anyway!

Now, as for making little swallow nests for them....no!
I do appreciate all the little tidbits of information about swallows, and I enjoy watching them also. At my place in Calgary, we have bird feeders and again, they are fascinating to watch when two of them go after a hawk or a crow. I know they eat a lot of bugs; so do bats, but the pieces of their nests become a FOD issue, and as the population grows, they start to swarm, presenting a bird strike issue.

I have just been informed that due to the federal jurisdiction at an aerodrome, that renewable resources has no authority at the airport, therefore, well, lets just say I want my pellet rifle back.

[oldncold]

it is no wonder a pipeline has yet to be built with that kind of mentality running amok , you should said it to the tronoto media and
inculde the tax bill for the hangar for the year and include the names of the conservation hacks and include the cars reg of having the
ariport comply with a approved bird strike control program . car 303 i believe.

[oldncold]

by the way what is happen this summer in yev price of jet and avgas
? is it affecting the ops of north wright and aklak?

[b1ngnx33]

My diplomatic response :

Not available.

What I want to say :

After I get ONE BILLION dollars, I will tell you.

I have NOTHING good to say about that story, if everything is true.

But I will say a quote :

Without darkness, light wouldn't be very useful. -- anon.

[xsbank]

You know, b1ngnx33, I think you should go and lie down for a while....

[APM YTS]

Father wouldn't be Les by any chance huh ?