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Home My WebLink AboutCLD-020-16Clafington Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: May 30, 2016 Report Number: CLD -020-16 Resolution: File Number: By-law Number: Report Subject: Exceptions to Persons Keeping Animals Under the Authority of the Fish and Wildlife Conservation Act. . Recommendations: 1. That Report CLD -020-16 be received; 2. That the draft by-law, being Attachment 1 to Report CLD -020-16, be approved to limit exemptions under section 14.(f) of Bylaw 2012-045, restricting the keeping of wildlife under the authority of a Ministry of Natural Resources and Forestry license based on animal type and property location, as is detailed in the draft Schedule F; 3. That all interested parties listed in Report CLD -020-16 and any delegations be advised of Council's decision. Municipality of Clarington Report CL® -020-16 This Report provides the background details to support the necessary amendments to the current Exotic Animal By-law, to restrict where wildlife may be kept based on property location, authorization and license issued by the Ministry of Natural Resources and Forestry (MNRF), and the class of animal. 1. Background On March 7t", 2016, the Council of the Municipality of Clarington approved resolution #GG -124-16: That staff be directed to prepare a report for the June General Government Committee Meeting, as to whether birds of prey should be allowed in the Municipality of Clarington. Under the current Fish and Wildlife Conservation Act and MNRF policy, three types of licenses are issued. Wildlife in Captivity authorization- These licenses are issued on rare occasions and are specific to individual animals for the remainder of their lives. 2. Wildlife in Custodian Authorization- Are issued breed specific for the rehabilitation and return of injured wildlife. 3. Falconry License- This category falls into three separate licenses Apprentice, General and Commercial. Schedule F to Attachment 1 of this Report details the various classes of animals as they relate to the Authorizations to keep. The MNRF recognizes the Ontario Hawking Club and Falconers as a legitimate exception to the normal discouragement of keeping of wildlife. Through proper licensing and apprenticeship, the sport of falconry has aided in efforts to re-establish declining raptor populations. The Ontario Hawking Club operates apprenticeship programs to avid falconers to promote and protect the art of falconry. Wildlife Custodians are recognized and must pass wildlife testing specific to the wildlife they may keep. Each Custodian may be specialized in the care of multiple or a singular species, Authorization is issued based on their ability and knowledge of different species. Municipality of Clarington Report CLD -02016 2.1 General Imo' . • o :3 Wildlife in Captivity and Custodian Authorizations are broken down into species categories, most of these being small mammals or birds where the number being kept is limited. About 90% of authorized Wildlife custodians are within urban areas and only hold animals until rehabilitated and released. Wildlife custodians with authorization for larger species are mostly approved in rural areas. The number of species is usually limited and peaks only when caring for litters of animals. Falconry Licences (ie. the keeping of birds of prey) are issued based on experience and completion of an apprenticeship program. An Apprenticeship Licence allows an individual to possess one bird of prey, a General Licence is for a maximum of three birds of prey, and a Commercial Licence allows for the keeping of an unlimited number and the authority to sell or breed in captivity. Clarington's current Exotic Pet By-law (2012-045) provides a single exemption from the prohibition of the keeping of wildlife, provided the person is keeping an Animal under the authority of the Fish and Wildlife Conservation Act, 1997, S. 0. 1997, c.41 or the Canadian Wildlife Service. The By-law does not differentiate between any of these Licences or Authorizations as detailed above. The By-law does, however, provide restrictions on where livestock may be kept and, provides for different requirements pertaining to pigeons based on the number of pigeons being kept. These provisions (pertaining to livestock and pigeons) were included in the. By-law in part, to regulate the impact to area residents respecting the keeping of these animals. While the keeping of wildlife has not been a frequent issue for Animal Services, when a complaint is received, it is often a matter of significance for the area residents. In reviewing the Authorizations and Licensing categories of MNRF, and in considering the potential impact on the community, staff is recommending that the Exotic Pet By-law be amended. The proposed amendments are consistent with the intent of the distinctions pertaining to livestock and pigeons. 2.2 Proposed Regulations: 2.2.1 Falconry Licences The sport of falconry is highly disciplined and birds of prey kept for sporting would not pose a risk within the categories of Apprentice and General Licensing. Birds are confined and flown for the sport of hunting in appropriate hunting areas. With a Commercial Falconry license numbers may be extremely high and may pose a nuisance to neighbouring residents in more urban settings. Municipality of Clarington Report CLD -020-16 Page 4 It is therefore recommended that the By-law be amended to restrict the keeping of falconry, under a Commercial Falconry Licence, to properties that are greater than or equal to 2 ha and which do not fall within a Settlement Area (ie. Urban areas and Hamlets). See Schedule F of Attachment 1 to this Report. 2.2.2 Wildlife Custodian The limit from possessing one to an unlimited number or varying species could be more suitable to rural areas and would not be suitable for Settlement Areas. With the structured licensing issued by the MNRF, exemptions may be made based on type of license and species of animal. Wildlife Custodian Licensing, being mostly categorized by size and rabies vector species (ie. animals that are more susceptible to carrying rabies) may be differentiated to reduce the risk of safety or nuisance. The keeping of large mammals or rabies vector species would pose a greater risk in urban areas and are more suited to rural areas. It is therefore recommended that the By-law be amended to provide for the keeping of wildlife (other than those kept in accordance with a Falconry Licence) as follows: a) Wildlife Custodian Authorization -- permitted only on properties that are greater than or equal to 2 ha and which do not fall within a Settlement Area (ie. Urban areas and Hamlets). See Schedule F of Attachment 1 to this Report. Class: MAMMALIA (MAMMALS) Rabies Vector Species(RVS) . Raccoon, skunk, fox, bat Ungulates Moose, deer, elk Large Carnivores(Excluding Black Wolf, bobcat, lynx, badger, fisher, Bears) opossum Class: AVES (BIRDS) Raptors Hawk, falcon, osprey, owl b) Wildlife Custodian Authorization -- unrestricted Class: MAMMALIA (MAMALS) Small Mammals(Excluding RVS) Squirrels, Chipmunks, Rabbits Small Carnivores(Excluding RVS) Mink, Weasel, Shrew Semi Aquatic Beaver, Muskrat Class: AVE (Birds) Birds Sparrow, Bluejay, Chickadee i o - CLD -020-1676 "9 2.2.3 Exotic Animal Entertainment Events M: u The current exemption for Exotic Animal Entertainment Events under Section 14(f) would not be affected as educational displays would still be permitted. 2.2.4 Current Holders of Custodian Authorization and Falconry Licenses Any person who keeps animals under the authority of the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c.41 or the Canadian Wildlife Service at the time of the enactment of the amending by-law, shall be permitted to continue to keep the animals provided the animals are kept in accordance with all other laws and regulations and provided that the animals are not posing a nuisance or safety risk. Staff are aware of only one Commercial Falconry Licence holder with in Clarington. This Commercial License holder is currently keeping the animals on property that would not meeting the requirements set out in the proposed amendments but would be permitted to retain their birds. Note, while this Falconry Licence Holder would be permitted to retain their birds, but the commercial operation would not be permitted to be conducted on their property as the Zoning does not permit Commercial operations. 3. Concurrence N/A 4. Conclusion It is respectfully recommended that the amendments to the Exotic Pet By-law, as detailed above and included in the draft by-law being Attachment 1 to this Report, be approved to regulate the keeping of wildlife based on animal class, the type of Authorization/Licence under the Fish and Wildlife Authority, and the size and location of the property where the animals are kept. 5. Strategic Plan Application Not applicable Submitted by: f C. Anne'Greentree Municipal Clerk Reviewed by: Franklin Wu, Chief Administrative Officer Staff Contact: Anne Greentree, Municipal Clerk, 905-623-3379 ext. 2102 or agreentree@clarington. net Attachments: Report •CLD -020-16 Attachment 1 — Draft By-law to amend the Exotic Pet By-law. There are no interested parties to be notified of Council's decision. CAG/DA Attachment 1 to Municipality of Clarington Report CLD -020-16 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW No. 2016 - Being a by-law to amend Exotic Animal By-law No. 2012-045 WHEREAS the Council of The Corporation of the Municipality of Clarington deems it desirable to amend Exotic Animal By-law No. 2012-045. NOW THEREFORE be it enacted that By-law 2012-045 be amended as follows: 1. Section 1 Definitions be amended to add: "Wildlife" means those Animals listed in Schedule "F"; 2. Section 6 Schedules be amended to add: Schedule "F" - Wildlife 3. Part 2 Prohibitions be amended to add: 12. No person shall keep Wildlife in the Municipality. 4. Section 14 (f) Prohibitions be deleted and replaced with: (f) persons keeping an Animal under the authority of the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c.41 or the Canadian Wildlife Service provided that the place where such animals are kept is located in the permitted area of the Municipality as set in Schedule "F". 5. This by-law comes into effect on the date of its passing. PASSED this 13th day of June, 2016. Adrian Foster, Mayor Anne Greentree, Municipal Clerk It, O A I 'V. FI -0011 �/ �I h, �► PAP laguo Owl " vJ..ii) ifs "��/ �'�'i�=�9�' / I I•� mum • -' ..Permitted Wildlife• permitted • • • • 1) Mammalia (Mammals) • ll •Squirrels,•• b) Small Carnivores (Excluding RVS) Mink, Weasel, Shrew •• c) Semi Aquatic - Beaver, Muskrat • ii) Ave (Birds) • • • •s - Sparrow, _ ••