Mr. Speaker, return to Written Question 21-12(7), asked by Mr. Zoe to the Minister of Renewable Resources concerning the Proposed Amendment to the Migratory Birds Convention Act.

Between 1990 and 1992, the federal government undertook public consultation to develop a national position on amending the migratory bird convention, which is the treaty between Canada and the United States. The Department of Renewable Resources attended most meetings and facilitated territorial input so that territorial concerns could be incorporated into the final Canadian position. Throughout this process, the Department of Renewable Resources provided advice to the federal government and promoted the concept of fair, legitimate, northern access to this renewable resource.

The national position has the following four elements:

-Migratory birds, their eggs and nests may be harvested throughout the year, subject to regulation that may be required for their conservation, by aboriginal peoples of Canada having aboriginal or treaty rights, but the birds, eggs, and nests so taken shall not be sold or offered for sale.

This element resolves the primary concern of territorial residents, that legal aboriginal access to migratory birds in spring (outside of the current legal season) should be assured.

-Murres may be taken by non-aboriginal residents of the province of Newfoundland and Labrador for food, subject to regulation, during the period from September 1st to March 10th, but the murres so taken shall not be sold or offered for sale. The season for murre hunting shall be further restricted to such period not exceeding three and one half months as the proper authorities may deem appropriate by law or regulation.

This element does not have direct relevance to NWT concerns.

-Migratory game and non-game birds and their eggs may be taken for food throughout the year, subject to regulation that may be required for their conservation, by qualified non-aboriginal residents in areas of northern Canada in accordance with provisions in co-management agreements established pursuant to Canadian legislation, but the birds and eggs so taken shall not be sold or offered for sale.

This element is required because land claim settlements have created non-aboriginal beneficiaries, for example spouses of aboriginal beneficiaries, who are to receive the same benefits as aboriginal beneficiaries.

-The dates of the closed season on the taking of migratory game birds by qualified non-aboriginal residents may be varied by law or regulation in areas of northern Canada to be specified by the proper authorities including those appointed in accordance with provisions in co-management agreements established pursuant to Canadian legislation. The season for hunting shall be further restricted to such period not exceeding three and one half months as the proper authorities may deem appropriate by law or regulation; and the birds so taken shall not be sold or offered for sale.

This element provides the potential for access to migratory game birds by non-aboriginal residents in areas where the birds are not currently available during the legal season. Development and implementation of new seasons and quotas would be through co-management structures, such as those established under land claim agreements. Concerns relating to protection of aboriginal and treaty rights could be addressed through this process.

The federal government is currently assessing the options for recognizing aboriginal and treaty rights in either the convention or Canada's Migratory Bird Convention Act.