Biodiversity Lecture November 30th Flashcards
Canadian Wildlife Act (1985)
National Wildlife areas, including marine wildlife areas
-critical habitat
-National Wildlife Areas
for research, conservation, education
permits required for any activities that could harm wildlife or habitat
Can only be established on FEDERAL land, i.e., mostly in the territories, marine areas, national parks, etc.
-54 National Wildlife areas ~1 million ha
almost half of area is marine
Plant Protection Act (1990)
-International Plant Protection Convention
“to prevent the importation, exportation and spread of pests injurious to plants and to provide for their control and eradication and for the certification of plants and other things”
Ministry of Agriculture and Agri-Foods and Canadian Food Inspection Agency
-All have responsibility of reporting pests
-Prohibits the growth, movement, and production of pests (anything that harms or might harm plants)
-Gives inspectors the right to inspect and seize
-Also applies to imports and exports
-The Canadian Food Inspection Agency keeps the list of regulated pests, which include insects, diseases, other plants, etc.
Health of Animals Act (1990)
To protect animals from disease and toxic substances
Only domestic animals
Provides for reportable diseases, sanitary disposal of dead animals, limitations on imports of diseased animals or substances that may cause disease, etc.
Provides for a list of possible diseases
Exotic and Invasive Species
Exotic: non-native or introduced, also called ALIEN
Pest: invasive alien species, exotic that does harm to native species OR agriculture
May be regulated under the Plant Protection Act, the Health of Animals Act, etc.
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA; 1992)
CITES
Controls international, interprovincial, and interterritorial trade in and transportation of listed species or their products
Illegal to transport illegally obtained plants and animals across international, provincial, or territorial borders
Illegal to transport into Canada any species obtained illegally elsewhere
-Has some teeth
-Ministry of the Environment
Provides for a permit system
Also provides for rights of inspection and seizure
Migratory Bird Convention Act (MBCA; 1994)
-Canada’s commitment under the North American Migratory Bird Convention (1916)
-First passed in the UK on the behalf of Canada
-Prohibits any harm of migratory birds, eggs, or nests, deposition of “harmful substances” into waters or areas frequented by them
-This includes INCIDENTAL TAKE, i.e., inadvertent harming, killing, disturbance, or destruction
-Migratory Bird Regulations:
-Provides for permits
-Provides exceptions for aboriginal people
-Migratory Bird Sanctuary Regulations:
-Provides for migratory bird sanctuaries to be established ON ANY LAND
-No hunting, firearms, loose dogs or cats, etc. in sanctuaries
-Prohibits damage to habitat as well as to birds, eggs, and nests
-92 sanctuaries: breeding, staging, stopover sites
-11.5 million ha in sanctuaries
Strength of MBCA: HAS TEETH!
Failures of MBCA
IT’S FAILURE IS THAT HABITAT IS NOT INCLUDED AND IT IS ALMOST NEVER APPLIED
Canada National Parks Act (2000)
- Sets up national parks
- Parks managed to maintain ecological integrity*, natural resources, and natural processes
- SO manage parks for sustainable use, biodiversity, and ecosystem processes
Canadian National Marine Conservation Areas Act (2002)
-National marine conservation areas for
conservation and protection of marine ecosystems
-benefit and enjoyment of the people of Canada, present and future
-Managed for sustainable use, with higher protection in core areas
-No dumping, oil/gas/mineral exploration, etc.
-Fishing allowed under license
-37 parks
-4 marine conservation areas
-7 reserve parks
>300 000 km2
Canadian Environmental Assessment Act (2012)
- Replaced much more comprehensive Act, repealed by Bill C-38 in 2012
- Requires EA for large-scale projects on federal land IF MINISTER OF ENVIRONMENT SO REGULATES OR DESIGNATES
- “environmental effects” : effects on fish, aquatic species at risk, migratory birds and federal lands
- Public consultation limited to “interested parties” (i.e., parties directly affected or with relevant information or experience)
- Recommendations not binding: ministerial discretion
Fisheries Act (1985)
- Minister of Fisheries and Oceans
- Manages fisheries and fish
- Supposed to protect fish and their habitat (“spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly to carry out their life processes”)
- No harmful permanent destruction to habitat UNLESS AUTHORIZED BY MINISTER OR CABINET (before C-38 (2012): harmful alteration, disruption, or destruction)
- Prohibits serious harm (death, permanent habitat alteration) to fish that are part of commercial, recreational, or Aboriginal fishery
Species at Risk Act (SARA; 2002)
-UN Convention on Biological Diversity (CBD)
-Provides for
protection of wildlife species & critical habitats
monitoring and rehabilitation of listed species
-Critical habitat: necessary for the survival or recovery of a species and identified as critical in a recovery strategy or action plan
-Endorses the precautionary principle*
*“cost-effective measures to prevent the loss of species should not be postponed for lack of scientific certainty”
-wildlife species: “a species, subspecies, variety or geographically or genetically distinct population of animal, plant or other organism, other than a bacterium or virus, that is wild by nature and (a) is native to Canada; or (b) has extended its range into Canada without human intervention and has been present in Canada for at least 50 years.”
What is the Precautionary Principle
*“cost-effective measures to prevent the loss of species should not be postponed for lack of scientific certainty”
Who is included in the Species At Risk Act (SARA 2002)
The Committee on the Status of Endangered Wildlife in Canada (COSEWIC): independent body of experts responsible for identifying and assessing species at risk
The Accord for the Protection of Species at Risk (APSAR): intergovernmental body that works on programs and policies
The Canadian Endangered Species Conservation Council (CESCC): ministers of Environment, Fisheries and Oceans, Heritage, and corresponding provincial and territorial ministers; provides general direction to COSEWIC
The National Aboriginal Council on Species at Risk (NACOSAR), advisory council of 6 aboriginal representatives appointed by the Minister of the Environment to advise CESCC
Where does SARA apply?
Applies only to federal land BUT may take over on provincial land if there is evidence that provincial legislation is not effectively protecting species or critical habitat
(Note that aquatic species are protected everywhere, as are most migratory birds under the Migratory Bird Convention Act)
In the territories, territorial law takes precedence even on federal lands
Note that species ONLY listed by provinces or territories are also protected on federal land
