Bees, Bears and Beekeepers: What You Need to Know About the Law and Protection of Property

It is a familiar question, "What can I do with a bear that is damaging my hives?"

The pertinent piece of legislation in this case is the Fish and Wildlife Conservation Act, 1997 (FWCA). The Act can be viewed online at:

www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_97f41_e.htm

The most important section to beekeepers is section 31 which states (in part):

Subject to other subsections of section 31, a beekeeper has a number of options for protecting his/her hives from bears.

Harassing or Deterring

This option covers a wide range of actions that a beekeeper may take to either prevent a bear from coming into contact with the hives, or discouraging a bear that has visited the hives from returning. Clearly the former course of action is preferred over the latter, given that bears are difficult to deter once they have had a food reward.

Some options to prevent bears from coming into contact with hives include such traditional devices as:

• fencing (electric fencing is the preferred and most effective option in most situations)
• motion-activated devices can be set up to scare away bears, if power is available. This could include any device that would make loud noises - such as a radio tuned to a local hard rock station
• propane-powered "Bangers" many farmers use to scare raccoons and birds from corn
• dogs may be staked out in the hive area

Capturing the Wildlife

Where a beekeeper has been unable to deter bears that have become a problem, the bears may be live trapped and removed from the property by either the MNR or an agent appointed by the MNR who is authorized to trap and transfer black bears. The advantage of this method (over killing which should be an action of last resort) is that a trap may be set and left, awaiting the bear's return. The beekeeper (or their agent) is not required to stand "on guard" for days waiting for the return of the animal, hoping to get a shot at it. If the bear is trapped, it can be removed to a more appropriate habitat rather than being killed.

Killing the Problem Wildlife

The FWCA provides that a beekeeper who is experiencing damage from bears can destroy the offending animal in protection of property. This destruction must be done in the most humane way possible and it must be done in a safe manner. While a hunting licence is not required, it is strongly recommended that only an experienced hunter should attempt to kill a black bear. If a beekeeper is not an experienced hunter they may wish to consider using an agent to trap or dispatch a problem bear.

All bears that are killed in defence of property must be reported to the Ministry of Natural Resources. Again, it is strongly suggested that killing the bear be the action of last resort.

Your land or mine?

The FWCA states that a person may only harass, capture or kill an animal on that person's land. This is interpreted to include land which the individual owns or to which they have a right to occupy, for example under a rental arrangement or lease. When a beekeeper may have hives located on another individual's property, the beekeeper should have a written agreement to use that property. This will allow for the use of the provisions of Section 31 on that property.

Agents

The legislation allows the action indicated above to be taken by either the person with property rights or their agent. Under the FWCA, certain classes of individuals are deemed to be agents and can act on behalf of a beekeeper to deal with nuisance animals.

Other people who may wish to assist can also become agents by being authorized by the MNR to act as an agent.

The following are approved as agents by regulation:

• licenced trappers
• employees or agents of OSPCA
• members of the landowner's immediate family on the property
• nuisance animal removal businesses (for removal only, not killing)
• employees of a municipality whose duties include wildlife control
  

IN AN IMMEDIATE EMERGENCY:
contact your local police force or dial 911

TO REPORT BEAR PROBLEMS: contact the Bear Reporting Line at:
1-866-514-BEAR (2327)  (TTY) 705 945-7641