Canada-British Columbia Agreement on Species at Risk (PDF 1,46
Transcription
Canada-British Columbia Agreement on Species at Risk (PDF 1,46
RISK AT COLUMBIA SPECIES ON CANADA-BRITISH AGREEMENT CANADA OF RIGHT IN QUEEN THE MAJESTY HER BETWEEN (Canada) as Canada) Oceans and (Fisheries Oceans and Fisheries represented by the Minister of the Environment responsible for the Department of the Environment (Environment Canada) and for the Parks Canada Agency and by the Minister of Fisheries and Oceans responsible for the Department of OF PROVINCE THE OF RIGHT IN QUEEN as represented by the Minister of Water, Columbia) THE (British MAJESTY COLUMBIA BRITISH HER AND land and Air Protection. and highly diverse rich a has Columbia British WHEREAS (hereinafter the "Parties") natural environment species that are at risk; animal both signatories to the Accordfor A); are Columbia (Appendix Risk British at and Species of Canada Protection the WHEREAS that includes a significant number of plant and programs that believe Columbia British and Canada WHEREAS activities and relating to species at risk can be undertakenin a coordinated and cooperative manner; to committed are Columbia British and Canada WHEREAS working together, and with other jurisdictions, orders of government and partners to prevent species from becoming at risk and to protect and recover species that have been British Columbia recognize wildlife the roles of aboriginal boards and other bodies management in the conservation of wildlife in this agreements claims and land under established peoples of Canada of and Canada WHEREAS identified as being at risk; FOLLOWS: AS AGREE means Practices Act" Range Practices and and Range 2002, Forest "Forest (S.B.C. the 1.0 DEFINITIONS PARTIES THE country; Act c .69). 1 "Ministry of Environment (R.S.B.C. 1996, c. 299). "Species at Risk Act" means the Species at Risk Act (S.C. 2002, c. 29). "Wildlife Act" means the Wildlife Act (R.S.B.C. 1996, c. 488). 2.0 Act" means the Ministry of Environment Act PRINCIPLES 2.1 The Parties agree that the following principles will guide the interpretation and implementation of this Agreement, while remaining consistent with federal and provincial legal requirements: be will Columbia British in recovery and protection risk at 2.3 Species 2.2 Inter-jurisdictional collaboration characterized by respect for the roles and responsibilities of each of the Parties will feature in all elements of species at risk protection and recovery. and delivered in a manner tailored to address the ecological, social and economic circumstances of the province. designed 2.4 Planningand actions to prevent species from at risk and to becoming protect and recover species that have been identified as being at risk will be by the best available science. informed 2.5 informed 2.6 Decisions regarding the listing and recovery of species at risk will be by the principles of sustainable development. The development and implementation of recovery measures will take into account the interests of communities and the traditional knowledge of aboriginal people. socio-economic when used will Ecosystem, landscape and multi-species approaches appropriate for the protection and recovery of species at risk. 2.8 be 2.7 If there are threats of serious or irreversible damage to a species at risk, cost-effective early actions will be taken to prevent the further reduction or loss of the species and to facilitate the protection and recovery efforts. 2.9 Stewardship by land and water owners and users is fundamental to preventing species from becoming at risk and in protecting and recovering species that are at risk. 2.10 Cooperative, voluntary measures are the first approach to securing the protection and recovery of species at risk. 2 INTERPRETATION 3.0 2.11 Canada and British Columbia are committed to carrying out consultations with those who may be directly affected by protection and recovery of species at risk. 3.1 The Minister of Water, land and Air Protection, enters into this Agreement with Canada under the authority of section 6 of the Ministry of Environment Act. ("SARA"), Act Risk at Species the under ministers competent being Oceans, 3.2 The Minister of the Environment, responsible for the Department of the Environment and for the Parks Canada Agency, and the Minister of Fisheries and enter into this Agreement with the Province of British Columbia under section 10 of that Act. does nor the and duties or Act, powers Wildlife the legal new SARA, any other any or by create not established does Act federal or provincial legislation. framework, administrative an create to is Agreement this of purpose PURPOSE Practices duties and Agreement and Range The 4.1 4.0 Forest powers This the alter it 3.4 3.3 Neither Canada nor British Columbia relinquish any jurisdiction, right, power, privilege, prerogative or immunity by virtue of this Agreement. and powers respective their exercise cooperatively It does so by: Columbia. British in procedures can within which the Parties duties to ensure a coordinated and focused approach to the delivery of species at risk protection and recovery through legislation, policies, and operational . setting out the respective roles and responsibilities of the Parties with respect to species at risk protection and recovery in British Columbia. . establishing the coordinating needed to consult on key decisions, establish joint priorities, share information and design . work. of programs coordinated mechanisms providing opportunities to jointly develop species at risk policies where STEERING RISK AT SPECIES COLUMBIA 5.0 CANADA-BRITISH appropriate. following Risk at Steering Committee is membership: 3 hereby established with the Species Columbia British - Canada A 5.1 COMMITTEE and rules own its establish necessary, extent the to will, and of representatives the by chaired be will Committee Forests of Ministry Fisheries and Food Agriculture, of Ministry Protection Air and land Water, of Ministry British Coordinating The 6.2 For basis alternating Region Pacific Canada, Oceans and Fisheries BC Coastal Agency, Canada Parks member: one by represented be will agencies and departments following the of Each established. hereby is Committee Coordinating Risk at Species Columbia British - Canada A 6.1 COORDINATING RISK AT SPECIES COLUMBIA BRITISH - CANADA 6.0 effective. and timely clear, are Columbia British in needs and issues risk at species to respect with Parties the between collaboration and cooperation, communication, that ensure to and 6, section in established Committee Coordinating the to direction strategic overall provide to annually least at meet will Committee Steering The 5.3 and rules own its establish necessary, extent the to will, and basis alternating an For Canada: Regional Director General, Environment Canada, Pacific and Yukon Region Director General, Parks Canada Agency, Western and Northern Canada Regional Director General, Fisheries and Oceans Canada, Pacific Region For British Columbia: Deputy Minister, Water, land and Air Protection Deputy Minister, Agriculture, Food and Fisheries Deputy Minister, Forests 5.2 The Steering Committee will be chaired by the Regional Director General, Environment Canada and the Deputy Minister, Water, land and Air Protection on procedures. COMMITTEE For Canada: Environment Canada, Pacific and Yukon Region Field Unit Columbia: Environment Canada and the Ministry of Water, land and Air Protection on an procedures. 4 6.3 The Coordinating Committee will meet at least twice per year to: . coordinatefederal and provincialspecies at risk planning,protection and recoveryinitiativesincludingprioritiesfor joint actions. . share informationwith respectto legislation,regulations,policiesor operationalguidelineseither in place or under developmentthat could directly or indirectlyaffect species at risk planning,protectionand recovery in British Columbia. . coordinate recovery processes and procedures to meet the requirements of federal and provincial legislation. . consistent with timelines set out in federal or provincial legislation, review and comment upon species recovery strategies and action plans prior to forwarding for approval, to ensure each Party is aware of each other's interests. . serve as the Regional Implementation Board for the Habitat Stewardship Program. In the context of this role, the Coordinating Committee may invite additional participants to serve on the Committee. ENGAGEMENT with the approval of the Steering Committee, establish working groups or advisory committees including a stakeholder advisory committee. ABORIGINAL 7.0 . 7.1 When developing a recovery strategy, action plan or management plan, the Parties will: . invite the participation of any First Nations organization that may be directly affected by the recovery strategy, action plan or management plan. . endeavour to cooperate with PROCESSES management The Parties will provide their best available on the Status of Endangered Wildlife in Canada information (COSEWIC) 8.1 LISTING 8.0 boards or other bodies that have been established by a treaty and that have an interest in the protection and recovery of species at risk. wildlife to the Committee and to the processes that support the listing of species under British Columbia's legislation. 5 SARA Environment will an for the Minister opportunity response the on the response posting to prior and comment SARA of 25(3) to review registry. subsection public in to SARA the referred on statement Fisheries, and the Minister of Forests statement provide the Minister of Agriculture, Food and Protection, Air The Minister of the and 8.2.1 of land Species listed under Water, 8.2 of input and views the seek and with consult will Environment the of Minister the 8.2.2 Prior to a Governor in Council decision on a routine listing of a species, Minister of Water, land and Air Protection, the Minister of Agriculture, Food the will Agriculture, of Environment the Minister of the Minister The Protection, Air and land considerations. Water, of socio-economic Minister the inform including and Fisheries, and the Minister of Forests on the implications of that decision, a of listing emergency an on consult with the Minister of Water, will Minister of the the Environment species, Council in 8.2.3 Prior to a Governor decision Food and Fisheries, and the Minister of Forests of the listing decision and the rationale for that decision. and Air Protection, the Minister of Agriculture, Food and Fisheries, and the Minister of Forests. The Minister Minister of Agriculture, Food and Fisheries, and the Minister of Forests intend to advise Air The the and land considerations. Protection, Water, inform the Minister of Minister of Agriculture, Food and Fisheries, and the Minister of the for that decision in a manner legislation provincial under listed Species Forests of the listing decision and the rationale consistent with federal legal requirements. 8.3 Air and socio-economic land Water, including decision, will that of Protection, Environment the implications of the Minister on of land and of the and Canada modifications any the Forest the or Act Wildlife for and the with Environment The Minister Environment and for the Parks on Oceans on any modifications. the Minister of the of the Environment and Minister of the and Oceans the those under of risk implications at the consult of will Protection of Fisheries advise Fisheries of Minister the Department Air the species of the lists and the Act Protectionwill ORDERS for that decision. EMERGENCY rationale and the Minister for the Department and Agency, responsible Air and Practices land Water, Range to Agency, modifications Parks Canada 9.0 and for land responsible Environment of Minister Water, 8.3.1 Prior to any modifications to provincial listings of species at risk, the Prior to a Governor in Council decision on emergency orders under section 80 of Minister 9.1 SARA, the competent federal Minister will consult with the land and Air Protection, the Minister of Agriculture, Food and Fisheries, and the Minister of Forests. The Minister of Water, land and Air of Water, 6 Minister the and Food inform will Agriculture, Minister of federal Minister the and competent The Protection Air and considerations. land Water, of economic Protection, the Minister of Agriculture, Food and Fisheries, and the Minister of Forestsintend to advise on the implications of that decision, including socio- at species or information or take will Province Oceans to the Province. and the that Fisheries Canada, measures Act Act, species an Risk at wildlife under Species listed a effects and Oceans knowledge Fisheries any Canada, provide will the Canada as follows: applies is of the project on that species Environment Parks to impacts identify and will BC on the potential Canada Environment Canada Parks and Canada managed" and the Parks 79 (2) will be addressed If the species to which subsection 79 (1) of provincially in a science. available best the of on effects adverse of Section on impacts potential the by 79 Canada environmental Section in of its process SARA . that informed and defined potential in its critical habitat, the requirements assessment and Oceans to an assessment result may environmental Fisheries as Canada, subject ensure to ASSESSMENT Parties structured timely, a single determine, Agency a project Parliament that of through If Environment Canada 10.2 is that manner risk are addressed the of intent the ENVIRONMENTAL It 10.1 is 10.0 Fisheries of the listing decision and the rationale for that decision in a manner consistent with federal legal requirements. to avoid or lessen any adverse effects if the project proceeds. required information or will BC avoid to take Canada Canada. Oceans will Province and Parks and the Fisheries that to Environment that an assessment of environmental person the by ensured be will (2) 79 if the project proceeds. in to ensure knowledge any provide Canada Canada, Oceans any measures effects requirement The . monitoring or lessen any adverse applies is federally of the project on that species Environment Canada to and impacts Fisheries identify Parks and also Canada, on the potential will Columbia British managed, If the species to which subsection 79 (1) of SARA . effects of a species or will Agency Committee Assessment Coordinating review co- wildlife listed a on project on effects adverse and British Columbia the Canada lessening or between the Environmental Office, Canadian the by avoiding to interactions related issues ordinate Assessment requested When Environmental B.C. the 10.3 project is conducted, with consideration of any monitoring required by the Province. or its critical habitat. 7 PLANNING RECOVERY 11.0 11.1 The Parties will endeavour to develop recovery strategies and action plans to will approach stage strategy, two a recovery a apply to of continue preparation will the Parties stage, the first so, The doing In planning. recovery legislation. that meet timelines and other requirements set in federal and provincial evaluation derived of the socio-economic for strategies and objectives goal, costs of the action 11.2 If Canada is leading a recovery planning process, Canada invite participate. to will is leading a recovery planning Columbia Canada If British invite will will Columbia Parties The 11.3 to participate. British Columbia process, an plan and the benefits to be its implementation. from British include will and recovery achieve to measures The second stage, the preparation of action plan(s), will detailed prioritize and identify achieving the objectives. recovery the include will strategy recovery include the determination of whether recovery of the listed wildlife species is technically and biologically feasible. If recovery is deemed to be feasible, the develop training for practitioners within government in action plans of socio-economic evaluation the ensure will remain are an integral will benefits Parties The 11.4 jurisdictions and stakeholder organizations to facilitate the preparation of recovery strategies and action plans. part of the development Parties government impacts while costs plans. While and the focus on protection and recovery of the subject species at risk, their residences and habitat, the other jurisdictions and orders of economic of action identifying economic will work with stakeholdersand to identify ways to minimize socioopportunities and benefits. will team 11.5 Where a recovery strategy, action plan or a recovery addressing an aquatic species, migratory bird or their habitat on land other than federal land identifies a need for action to prevent the reduction or loss of that species, British Columbia be provided with an opportunityto take such action, subject 12.1 STEWARDSHIP 12.0 to federal approval of the proposed plan of action. The Parties agree to coordinate species at risk recovery and stewardship activities with priorities developed for species at risk prevention, protection and recovery by: . . providing advice on setting priorities for species at risk in British Columbia. exchanging on stewardship information stewardship programs, activities for funding and agreements. 8 the or following the of the on INSTRUMENTS seek to Committee Coordinating for proposals bring will Columbia under to engage 9 section under habitat a person as as effect issued or collaborate may and the to British the as serve will Committee Coordinating the the maximize to work will and objectives recovery and achieve to tools important provide Program" Stewardship "Habitat Canada's Forest the under Strategy" Management Wildlife and Act and Range Practices above. action plans or management effect same SARA. same critical its of authorize the the of into preparation or with Columbia operational activities under subsection 83(4) of the have the have part that that 73 entered instruments of British to (b) agreements or permits that are issued under the WildlifeAct or the Forests and Range Practices and that OTHER AND for the Province of 73 of the SARA. any information activities Program. that agree protection risk at species "Identified the as such programs existing that recognize Parties The 12.3 be will activities stewardship possible, extent the to that, agree Parties The 12.2 stewardship referred development strategies, are Columbia: making share and collaboration instruments section section SARA, that species, and other other Act and similar documents British in PERMITS Board collaborative under permits to stewardship Stewardship Parties The 12.4 and evaluate and (c) recovery through future under to permits issuance, agree for coordination permits 73 of the Parliament wildlife the on funded Habitat federal Implementation permits or permits of listed a and Parties AGREEMENTS, provincially to be achieved of or Act individuals its of The 13.1 implement agree may agreements agreements, issuance another into entering opportunities the agreements affecting activity Regional Parties (a) residences 13.0 The 13.2 benefits for guidelines . setting priorities for research and data collection necessary to design, activities. encouraged in order to provide for the protection of species at risk, residences and critical habitat. their implementation. the Canada. in and agreements, permits, licences, orders or other that are entered into, issued or made under SARA. plans that permit legislation and within their respective and agreements. access to information policies, Agreement, this to to Party a by identified at species protect to order in confidentiality of Party other the provide and share to legislation, SHARING program risk at species their of achievement on regularly report to legislation respective their within defined mechanisms use to agree Parties The 15.4 programs respective their of aspects all on informed other each keeping to commit and products communication on cooperate to agree Parties The 15.1 OUTREACH AND COMMUNICATIONS 15.0 enforcement. on agreement subsidiary a into enter may and arrangements such of merits the examine further will Parties the Agreement, this of implementation the of part As 14.3 may Party other the to legislation risk at species respective their of enforcement for officers of cross-designation the that recognizes Party Each 14.2 laws. risk at species respective their of enforcement the with dealing in flexibility agencies enforcement provincial and federal both activities respective their related so information and Data respective INFORMATION AND DATA objectives. of enforcement by allowed activities and programs in harm. or their and agreements agree that coordination extent the to Parties the by partner understanding Agreement. Parties a or 16.2 16.1 an with obtained 16.0 exploitation from risk The confidential Agreement, this 14.1 held be will ENFORCEMENT 14.0 could provide assist in the protection of species at risk and their habitats. concerning species at risk. 15.2 The Parties agree to recognize each other's contributions for jointly developed material and programs related to species at risk. 15.3 The Parties agree to involve each other in consultation processes relating to species at risk programming in the province of British Columbia. The Parties agree, as appropriate and subject to any data sharing access to available data and information at no charge during the assessment, listing, recovery planning and recovery implementation activities under this Some data and informationmay requireconfidentialityor have been procedures, 10 British Columbia, a with this organization agreements between Data in data and resources with federal/ risk Conservation at species Columbia and British the species of on role data the and agree to support consistent manner in of source recognize common Parties the as Centre The 16.3 provincial/ territorial and NatureServe Canada. governments DISPUTE RESOLUTION 17.0 from 17.1 In the event of a dispute betweenthe Parties arising out of this the following species at risk activities procedure to the resolve dispute. be the first point of resolution for disputes will will use Committee The 17.2 arising Parties Coordinating the Agreement, and programming in contemplated this cannot be Minister of Agriculture, Food of resolved and Steering will the be resolution. by Fisheries, the Deputy be will which referred to the Deputy Minister Coordinating Deputy for Committee the the Disputes by Committee Steering resolved Protection, 17.4 the be Air to cannot and referred which Land Disputes Water, 17.3 Committee Agreement. of Minister Forests, the Deputy Minister of Fisheries and Oceans, the Deputy Minister of the Environment and the Chief Executive Officer of the Parks Canada Agency for resolution. Parliament Canada for the effectiveness the be an fiscal and amended an condition British be for funds Columbia are or applied. deleted they related to this Agreement Parties. be will the may of consent Agreement review the or which AND in REVIEW year of Assembly Legislative fiscal Agreement mutual will This Parties 19.2 for will of British Columbia AMENDMENT, the AGREEMENT the This with 19.1 its the by appropriation 19.0 for necessary added obligations its implementation are subject to the express necessary funds there Any financial of applied. be are that the they may 18.2 which TERMINATION by in annexes appropriation will implementation are subject to the express condition that there year or its Agreement this to related Canada of obligations financial Any 18.1 FUNDING 18.0 terminate 10 years after the date of its execution. of this Agreement five years from The the date of execution. 11 19.3 Either Party may terminate this and providing written notice to the other Party. 90 days after consulting with Agreement written noticeto the Ministerof the British Columbia will provide Environment, responsible for the Department 20.0 Minister the to notice written provide will Canada Agreement. of the Environment and the Parks Canada Agency, and to the Minister of Fisheriesand Oceans if it is the intentionof BritishColumbiato terminate the of Water, Land and Air Protection if it is the intention of Canada to terminate this Agreement. SIGNATURES IN WITNESS OF WHICH the Minister of the Environment, responsible for the of the Environment and the Parks Canada Agency, and the Minister of Fisheries and Oceans responsible for the Department of Fisheries and Oceans have hereuntoset their hand on behalf of Canada, and the Minister of Water, Land, and Air Protection set his hand on behalf of British Columbia. CANADA /Jj;/1 /1 .' ~7m~ ',' LX '-"""--'-..I .. ..- ~ _\J~ . R ~. 9. Ie~ ~p; 1 of Department AV Ag nment nada Envi, the Parks Il o;i;""'"-A"'" the for the Responsible -df-- Environment for of the y --'!-~~~~~=(~..,( an~ Minister c, OF I/")[) GOVERNMENT J~( THE Department . Date COLUMBIA ~ ~-,~ : Protection /7 Air ~fWat~~~L~~nd r&rr~;;; d~~ BRITISH OF GOVERNMENT THE eans .?~...)- Date 12 a activity. prevent to RISK to commit AT human of is wildlife goal The risk. for SPECIES A at consequence a as species extinct of responsible OF APPENDIX PROTECTION becoming protection ministers THE FOR territorial the that: from for and ACCORD provincial Canada recognize in approach Federal, national species We i) species do not recognize jurisdictional boundaries and cooperation is crucial to the conservation and protection of species at risk; iii) governments have a leadership role in providing sound Canada; in diversity biological conserve to aims which Strategy, Biodiversity ii) the conservation of species at risk is a key component of the Canadian information and and provincial/territorial legislation, regulations, federal complementary through met be will initiatives conservation species iv) appropriate measures for the conservation and protection of species at risk, and the effective involvement of all Canadians is essential; policies, and programs; risk; at becoming from species preventing in element integral an as supported v) stewardship activities contributing to the conservation of species should be measures delay to reason a as used be not threats to species at risk. order in Council Conservation Species Endangered Canadian the in to: agree participate i) We to avoid or minimize must certainty scientific full of lack vi) and a as Canada in Wildlife Endangered of Status the on Committee the recognize ii) to coordinate our activities and resolve issues for the protection of species at risk in Canada; effective for provide will: that that and programs and species; Canada, legislation throughout wild risk at native all species complementary address of establish a. protection iii) source of independent advice on the status of species at risk nationally; and b. provide an independent process for assessing the status of species at risk; c. legally designate species as threatened or endangered; 13 d. provide immediate legal protection for threatened or endangered species; the identified for address year that one species within plans threats to the species threatened for recovery of years two and development the species for provide endangered f. e. provide protection for the habitat of threatened or endangered species; and its habitat; recovery of implementation and development the through borders cross g. ensure multi-jurisdictional cooperation for the protection of species that plans; Endangered Species risk; at species; wild becoming actions; protection by and stewardship citizens; other and and long term landowners, all of and at risk; conservation in participate effective managers, from status species the fashion; keep to on timely a in regularly plans report measures Conservation Canadian the to Accord this under enforcement. arise that effective disputes for and support may provide foster and o. to of the needs of species citizens awareness users recognize, resource n. any refer iv) and recovery preventive assess implement monitor, emphasize improve m. I. encourage k. j. i. h. consider the needs of species at risk as part of environmental assessment processes; Council for resolution. 14