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):
"...If a person believes on reasonable grounds that wildlife is damaging or is about to damage the person's property, the person may, on the person's land, (a) harass the wildlife for the purpose of deterring it from damaging the person's property; or (b) capture or kill the wildlife..."
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
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
TO REPORT BEAR PROBLEMS: contact the Bear Reporting Line at:
1-866-514-2327 (TTY) 705 945-7641
In a life-threatening emergency, call your local police or 911.
