To pass a Council resolution approving Sunday Gun Hunting in Haldimand County.

Transcription

1 HALDIMAND COUNTY Report PED-BC Sunday Gun Hunting For Consideration by Council in Committee on March 28, 2017 OBJECTIVE: To pass a Council resolution approving Sunday Gun Hunting in Haldimand County. RECOMMENDATIONS: 1. THAT Report PED-BC Sunday Gun Hunting be received; 2. AND THAT Sunday Gun Hunting in Haldimand County be approved; 3. AND THAT staff be directed to file this Council resolution with the Ministry of Natural Resources requesting that the Ministry amendment Regulation 663/98 of the Fish and Wildlife Conservation Act 1997 to permit Sunday Gun Hunting in Haldimand County. Prepared by: Randy Charlton, CMMIII, MLEO(c), CPSO, Manager of Building Controls & By-law Enforcement Respectfully submitted: Craig Manley, MCIP, RPP, General Manager of Planning and Economic Development Approved: Donald G. Boyle, Chief Administrative Officer EXECUTIVE SUMMARY: In 2005, Haldimand County advised the Province, that the County was opposed to Sunday gun hunting on private lands within the County. On December 12, 2016, following a presentation from a delegation requesting that Council support Sunday gun hunting, Council passed a resolution directing staff to report back on Sunday Gun Hunting after consultation with agricultural organizations, the Agricultural Advisory Committee and surrounding municipalities. Over the course of the past several weeks, staff has received a variety of perspectives on the issue both in support and against. Staff have received feedback from the Haldimand County Agricultural Advisory Committee who oppose Sunday gun hunting. Staff have also been advised that the Haldimand Federation of Agriculture is an advocacy group who also oppose Sunday gun hunting. Staff further received one from an individual against Sunday gun hunting. Staff has also received feedback from 2 advocacy groups who support Sunday gun hunting, those being the Dunnville Hunters & Anglers Conservation (see attachment #1) and the Broad Creek Recreation Club (see attachment #3). Further, staff have reviewed over a dozen s from individuals supporting Sunday gun hunting. These individual s reiterate perspectives already noted in the body of this report, however also provide additional alternative views regarding Sunday gun hunting. On February 15, 2017, staff hosted a meeting to discuss Sunday gun hunting, the purpose of which was to identify and become more familiar with the issues. The meeting included representation from Report PED-BC Sunday Gun Hunting Page 1 of 7

2 the County s Agricultural Advisory Committee, OPP, Ministry of Natural Resources (MNR), Councillors Corbett and Bartlett, as well as County staff. There was a consensus at the meeting that trespassing onto private property was one of the leading reasons why land owners did not want Sunday gun hunting. Both the OPP and the MNR advised that trespassing complaints are not being reported therefore, enforcement strategies have not been developed. Regulations already exist to control trespassers through the Fish and Wildlife Conservation Act and the Trespass to Property Act. These Acts provide reliable enforcement mechanisms to support a property owner who may choose to permit or prohibit any hunting Monday to Saturday which can equally be applied to Sunday. In analysing and reviewing all the issues and legislation outlined in the body of the report, staff can find no justification to recommend a continued prohibition on Sunday gun hunting. BACKGROUND: Back in 2005, the Ontario Ministry of Natural Resources (MNR) contacted Municipal Councils to seek their support in allowing Sunday gun hunting on private land. This MNR initiative was based on various agricultural communities, including farmers and other landowners, with concerns over increasing wildlife related crop and property damage. The move to allow Sunday gun hunting on private lands across the Province is seen as an effective way to address or minimize these concerns. In report PED-ED , Council adopted the recommendations of staff and subsequently advised the Province as being opposed to Sunday gun hunting on private lands within the County. Within the analysis portion of report PED-ED , it was noted that the Haldimand Federation of Agriculture were against the proposal to allow Sunday gun hunting in Haldimand County. In 2012, the issue of Sunday gun hunting was raised again from a delegation to Council in Committee. On May 16, 2012, Haldimand County Agricultural Advisory Committee on direction from Council in Committee, met with a delegation seeking to allow Sunday gun hunting in Haldimand County. The Agricultural Advisory Committee s minutes reflect public input on the issue of Sunday gun hunting was received from Haldimand Federation of Agriculture, Christian Farmers, as well as a large number of the farming community and unanimously agreed against the request to consider Sunday gun hunting. In a letter dated October 24, 2016, the Dunnville Hunters & Anglers Conservation requested an opportunity to make a presentation to Council regarding Sunday gun hunting. On December 12, 2016, Council passed the following resolution: THAT the correspondence and presentation material from John Birdsell, President, and Gary Schumacher, Treasurer, Dunnville Hunters & Anglers Conservation Re: Sunday Gun Hunting dated October 24, 2016 be received as information. AND THAT staff be directed to report back on Sunday Gun Hunting after consultation with agricultural organizations, the Agricultural Advisory Committee and surrounding municipalities regarding Sunday Gun Hunting; AND THAT the Ontario Federation of Anglers and Hunters be invited to make a presentation on the topic of Sunday Gun Hunting. Currently, Haldimand County s position to the Minister of Natural Resources is that the County does NOT support Sunday gun hunting on private land. Report PED-BC Sunday Gun Hunting Page 2 of 7

3 ANALYSIS: A letter from the Dunnville Hunters & Anglers Conservation is requesting that Council pass a resolution to approve Sunday gun hunting on private lands only. (see attachment #1) The proposal does not include any Crown or other public lands such as those owned by the County or Conservation Areas. Notwithstanding, the fact that currently Sunday gun hunting is NOT permitted in Haldimand County, the following activities are NOT affected by the ban on Sunday gun hunting and therefore, these following activates are permitted to occur 7 days a week: Hunting with a cross bow or long bow (during open season) Gun hunting when wildlife is damaging or is about to damage the person s property (at any time) Discharging of a gun, such as target practice on private property or as sport shooting as part of a recognized gun club (all agriculture areas) There are several sources of legislation that regulate the discharge of firearms, hunting and Sunday gun hunting in particular. These sources of are the Municipal Act, Fish and Wildlife Conservation Act, Migratory Birds Convention Act, Firearms Act and the Criminal Code of Canada. The Municipal Act along with the Fish and Wildlife Conservation Act are the two most prominent pieces of legislation needed to understand the extent, controls and impact regulating Sunday gun hunting. A brief outline of the purpose of each of the above pieces of legislation can be found in (attachment 2). County By-laws For 38 years Haldimand County has regulated the Discharge Firearms through authorities found in the Municipal Act, by maintaining Discharge Firearms By-laws of the former municipalities (Haldimand, Dunnville & Nanticoke). These Discharge Firearms By-laws prohibit the discharge of a gun in areas though the County either by geographical area or by zone. The Haldimand & Nanticoke firearms bylaws also prohibit the discharge of a firearm within 500 feet of a building. Haldimand County Regulations Regulating Discharge of a Firearm By-laws: Former Municipality Application of By-law Guns Bows Discharge Prohibited Areas Haldimand Yes No All Residential, Commercial, Industrial, Institutional, Zones Nanticoke Yes No All Residential, Commercial, Industrial, Institutional, Zones Dunnville Yes No Urban Dunnville and Part of Moulton Discharge Permitted All Agricultural Zones All Agricultural Zones All Agricultural Zones Distance From Any Building 500 feet 500 feet (not regulated) Haldimand County s Parks and Facilities By-law prohibits hunting in any of its parks, this includes any land, any land covered by water, or any premise under the ownership, control or management of the County for a public park or recreation trail. Further, the County s Parks and Facilities By-law, states that no person shall, while in a Public Park be in possession of or use any firearm. Sunday Gun Hunting Meeting On February 15, 2017, County staff hosted a meeting to discuss Sunday gun hunting. The purpose of this meeting was to identify and become more familiar with the issues surrounding Sunday gun hunting. Report PED-BC Sunday Gun Hunting Page 3 of 7

4 The meeting included representation from Haldimand County s Agricultural Advisory Committee, OPP, Ministry of Natural Resources (MNR) (Supervisor, Conservation Officers), two Councillors, as well as County staff from Economic Development & Tourism and Building Control and By-law Divisions. The topic of Sunday gun hunting prompted a healthy and passionate exchange of opinions, which helped to educate staff about the issues related to Sunday gun hunting, including issues such as trespassing on private property, hunting Canadian geese and waterfowl, Sunday as a family day, people who work on Saturdays and controlling individual choice. There was also discussion on livestock predation claims and automobile collisions involving animals. It was clear from the meeting, there is a division of opinions as to whether or not Sunday gun hunting should or should not be permitted, however, there was an appreciation that the land owner should be able to decide to permit or not to permit hunting on their own property. There was a consensus at the meeting that trespassing on private property, more common during deer hunting season, was one of the leading reasons why land owners did not want Sunday gun hunting. Both the OPP and the MNR advised that trespassing complaints are not being reported therefore, enforcement strategies have not been developed. OPP and MNR advise that hunters are trespassing any day of the week when: A sign is posted No Hunting ; Where there is a fence; When land is under cultivation; or Where red markings are made and posted. It is important to note that deer hunting season consists of one week in November and one week in December each year. Any additional noise generated from permitting Sunday gun hunting is expected to be limited and minimal in nature, and less intrusive than some normal farm practices such as propane corn soy bangers. Reflection on Meeting Issues Staff have considered and analyzed the issues regarding Sunday gun hunting and can provide the following reflection as they relate to: Economic Advantages It has been suggested that permitting Sunday gun hunting would have a positive impact by bringing more people in to hunt, grab a coffee or go to a restaurant. The opposite has also been suggested, that permitting Sunday gun hunting would have a negative impact on the economy as the duration of the season, over the calendar year, for geese and waterfowl hunting may be lessoned. That being stated, any effects Sunday gun hunting may have on the economy cannot easily be measured or articulated. Social Changes Todays economy often demands a 24/7 workweek. No longer are people limited to a typical 9 to 5, Monday to Friday workweek with the weekend off for family activities. The workweek often involves shift work including Saturdays, making plans for holidays and social and recreational activities difficult. These social changes are also reflected in society s pressures to obtain goods and services 7 days a week, which eventually resulted in such things as Sunday shopping and the ability to purchase alcohol on Sundays. Hunting Canadian Geese and Waterfowl Concerns expressed about the loss of hunting days if Sunday gun hunting is permitted. The number of open season days for hunting under the Migratory Birds Convention Act are the same amount of days regardless if the municipality permits or doesn t permit Sunday gun hunting. Although the number of open season days to hunt are the same, the duration of the season over the calendar year may be lessened, where Sunday gun hunting is permitted. Report PED-BC Sunday Gun Hunting Page 4 of 7

5 Individual Choice Concerns expressed that a land owner should be able on their own decision, whether or not they want to hunt or permit hunting, on their property, on any day of the week including Sundays. Gun Discharge & Activities Already Permitted: Hunting with a cross bow or long bow may occur any day of the week (during open season). Gun hunting when wildlife is damaging or is about to damage the person s property (any day of the week). Discharge of a firearm gun, such as target practice on private property or as sport shooting as part of a recognized gun club (all agriculture areas) may occur any day of the week and every week of the year. Staff submit that the Trespass to Property Act and Wildlife Conservation Act both provide reliable enforcement mechanisms to support a property owner who may choose to permit or prohibit any activity on their property including, the right to permit or prohibit Sunday gun hunting or hunting on any day of the week. Stakeholder Feedback There seems to be a misconception that permitting Sunday gun hunting gives hunters the right to enter onto private property at anytime which simply is not the case. Permitting Sunday gun hunting does in no way waive the obligations a hunter has to ensure that they are complying with the Trespass to Property Act and Wildlife Conservation Act. Trespassing under the Wildlife Conservation Act carries a set fine and a total fine payable of $ for each offence. Staff have received feedback from the Haldimand County Agricultural Advisory Committee who oppose Sunday gun hunting. Staff also have been advised that the Haldimand Federation of Agriculture is an advocacy group who also oppose Sunday gun hunting. Staff further received one against Sunday gun hunting stating It is a time that many people like to make use of private lands (their own and their neighbors). However, over the past number of weeks staff also has received feedback from 2 advocacy groups who supports Sunday gun hunting, being the Dunnville Hunters & Anglers Conservation (see attachment #1) and the Broad Creek Recreation Club (see attachment #3). Further, staff have read over a dozen s from individuals supporting Sunday gun hunting. These individual s reiterate perspectives already noted in this report however, also provide additional alternative perspectives regarding Sunday gun hunting. Here are some excepts from these s supporting Sunday gun hunting: It is a family activity. A way to provide more opportunities for my family to stock up on valuable wild game meat. Outdoors with family and friends and also improve the chance of adding to our freezer with free range meat. Hunting maintains healthier wildlife populations. County is surrounded by areas that can hunt on Sunday. I work all week and a few weekends. People who have not participated and are not aware of the training and laws that are in place. Hunting is a safe sport. I bring in at least ten hunters to my farm for the Controlled Deer Hunt. The extra day would be great. My family and I all support the proposed Sunday gun hunt. Report PED-BC Sunday Gun Hunting Page 5 of 7

6 Resident of Caledonia and an avid hunter. I'm not sure what took so long to get it brought up because I can hunt with a bow on Sunday and shoot a target on Sunday but I can't hunt with a gun, it's kinda silly. Other Factors to Consider 1. According to the Heritage Hunting and Fishing Act, 2002, recreational hunting and fishing have played important roles in shaping Ontario s social, cultural and economic heritage. Recreational hunters and anglers have made important contributions to the understanding, conservation, restoration and management of Ontario s fish and wildlife resources. 2. As requested, the OPP have provided Haldimand County statistical data regarding animals involved in motor vehicle collisions. In 2015 and 2016, 22% of all collisions involved animals. 3. Staff have made inquires to the neighbouring municipalities listed below regarding Sunday gun hunting and have been advised that there have been no complaints: Municipality Permits Sunday Complaints Gun Hunting City of Hamilton No No Sunday hunting complaints Town of West Lincoln No No Sunday hunting complaints Norfolk County Yes No Sunday hunting complaints Township of Wainfleet Yes No Sunday hunting complaints 4. In 2016, five municipalities in Ontario including the Municipality of South Bruce, Tiny Township, the Township of Wellington North, Southwold Township, Township of Perth East, Township of Hamilton, Municipality of McDougall and Township of Seguin were added to the Ministry of Natural Resources and Forestry of approved Sunday gun hunting areas during open seasons. Twice annually, a regulation amendment is made to Regulation 663/98 of the provincial Fish and Wildlife Conservation Act 1997, which adds the names of municipalities to the areas where Sunday gun hunting is permitted. The list and map of southern Ontario municipalities permitting Sunday gun hunting are updated April 1 st and September 1 st of each year. A provincial map indicating Sunday gun hunting is attached as (attachment #4). From analyzing and reviewing all the issues and legislation, staff can find no justification to recommend a continued prohibition on Sunday Gun Hunting. Regulations already exist to allow hunting Monday to Saturday which can equally be applied to Sunday. If allowed, Sunday gun hunting, like hunting on other days, would only be permitted during established and regulated hunting seasons not all year round. Hunters must also abide by all municipal, provincial and federal hunting and discharge regulations. In order to permit Sunday gun hunting in the Haldimand County, a Council resolution would need to be endorsed and the Ministry of Natural Resources and Forestry notified. FINANCIAL/LEGAL IMPLICATIONS: Not applicable. STAKEHOLDER IMPACTS: Not applicable. Report PED-BC Sunday Gun Hunting Page 6 of 7

7 REPORT IMPACTS: Agreement: No By-law: No Budget Amendment: No Policy: No ATTACHMENTS: 1. Letter from Dunnville Hunters and Anglers. 2. Overview of Legislation Regulating the Discharge of a Firearm and Hunting. 3. Letter from Broad Creek Recreation Club. 4. Map Sunday Gun Hunting in Southern Ontario. Report PED-BC Sunday Gun Hunting Page 7 of 7