Manitoba Natural Resources
Wildlife Branch Box 24,
200 Saulteaux Crescent
Winnipeg, MB, R3J 3W3

April 7, 1997

Mr. Doug Collicutt
Nature North Zine

Dear Mr. Collicutt:

In response to our telephone discussion concerning the capture and possession of amphibians and reptiles, following is a summary of the restrictions under The Wildlife Act and the general expectations of the Wildlife Branch with respect to matters that may or may not be covered by legislation.

Designation of Amphibians and Reptiles

The following nine species are listed as wild animals in Schedule A to the Act:

Northern Leopard Frog (Rana pipiens)
Tiger Salamander (Ambystoma tigrinum)
Red-sided Garter Snake (Thamnophis sirtalis)
Western Plains Garter Snake (Thamnophis radix)
Snapping Turtle (Chelydra serpentina)
Painted Turtle (Chrysemys picta)
Western Hognose Snake (Heterodon nasicus)
Northern Prairie Skink (Eumeces septentrionalis)
Plains Spadefoot Toad (Scaphiopus bombifrons)

An additional 14 species are designated as wild animals by the Designation of Wild Animals Regulation, Manitoba Regulation 3/96:

Cope's (Diploid ) Gray Treefrog (Hyla chrysoscelis)
Gray (Tetraploid ) Treefrog (Hyla versicolor)
Spring Peeper (Pseudacris crucifer)
Striped Chorus Frog (Pseudacris triseriata)
Green Frog (Rana clamitans)
Mink Frog (Rana septentrionalis)
Wood Frog (Rana sylvatica)
Mudpuppy (Necturus maculosus)
Blue-spotted Salamander (Ambystoma laterale)
Redbelly Snake (Storeria occipitomaculata)
Smooth Green Snake (Opheodrys vernalis)
American Toad (Bufo americanus)
Canadian Toad (Bufo hemiophrys)
Great Plains Toad (Bufo cognatus)

The latter regulation establishes, for the purposes of the Act, that when a species of animal is listed in Schedule A to the Act or is designated by regulation, that it includes

  • a ) every animal of the species or type, dead or live and regardless of the stage of life or development;
  • b ) a hybrid;
  • c ) an egg, sperm, or embryo; and d ) a body part that is or was part of such an animal.

Dead Specimens

Subsection 15(1 ) of the Act prohibits the hunting, taking or possession or attempting to hunt, take or possess a dead amphibian or reptile except as may be otherwise provided for in the Act or a regulation.

Subsection 15(2 ) of the Act authorizes the hunting, taking or possession or attempting to hunt, take or possess a dead amphibian or reptile provided that it is for a person's own use.

Live Specimens

Section 45 of the Act prohibits the capture or possession of any live wild animal except as may be otherwise provided for in the Act or a regulation. There is no other provision in the Act nor is there a regulation that allows such an activity.

The following policy summarizes a practice that has traditionally been allowed or tolerated despite previous or existing legislation such as section 45 of the Act.

Policy

A person may capture and possess a live amphibian or reptile for his own personal use for sport fishing bait or for educational display purposes without having first obtained a permit for that purpose.

A person who keeps a live amphibian or reptile in captivity for educational purposes is expected to ensure that the fundamental life requirements required by the animal, such as, but not limited to food, light, water, space and sanitation, are provided in the amount required by such an animal.

If a person releases a live amphibian or reptile or an egg or a young thereof into the wild, it is expected that it will be at the site where it was found or captured.

Before releasing a live amphibian or reptile or an egg or a young thereof, it is expected that the person in possession will ensure that the said animal, egg or young does not introduce a disease or parasite.

Yours truly,

Gordon G. Graham
Legislative Specialist
Wildlife Branch
Manitoba Natural Resources