Title: Species at Risk Legislation
1Species at Risk Legislation
2To prepare for this class think about the
question below
- If you were writing a Species at Risk law, what
would you include in it?
3Major international laws
- Convention on Biological Diversity,
- Convention on International Trade in Endangered
Species, - Convention on Migratory Species,
- Ramsar Convention on Wetlands,
- World Heritage Convention
Canada is signatory to all of these agreements
4Objective of Convention on Biological Diversity,
- The conservation of biological diversity, the
sustainable use of its components, and the fair
and equitable sharing of the benefits arising
from commercial and other utilization of genetic
resources. The agreement covers all ecosystems,
species, and genetic resources.
5International
- International treaty
- Convention on biological diversity (ratified by
Canada 1994) - Responsibility to conserve biodiversity
nationally - Develop policies that act as incentives for
conservation and sustainable use
6Application of CoB
- In 2002 US 400 billion spent on pharmaceuticals
(50 derived from wild) - Coral reefs and tropical forests primary sources
(e.g. cone shells) - No pharmaceutical companies in most tropical
countries - Therefore no benefit to people that are stewards
of these resources - CoB committed signatories to share benefits
7Cone shells
- Coral reefs and mangrove swamps
- Both habitats threatened
- Host of drugs
- Pain
- Anti-inflammatory
- Anti-psychosis
- etc
8Application of CoB
- Drugs take decades to develop
- Logging and land clearing provide immediate
revenue - One solution up front payments
- Problem payments are small (e.g. Suriname gets
60k plus 29k/year for 5 yrs) - Public outrage at small payments (agreements in
Brazil, Mexico and US suspended)
9Application of CoB
- May take court action to determine fair
compensation - Deterring companies from investing
- Other solution?
10Application of CoB
- Drug research also done by universities, govt,
and small biotech companies - Share work with local universities etc.
- Panama example
- 3 million bio-prospecting grant
- Search and collection done by US
- Analyses done in Panama, discoveries can be
patented and licenced by local discoverers - Panama now has 6 new labs and over 60 people
doing bioassay, toxicity and efficacy tests. - Brazil developing labs, bans export, local
patent
11Convention on international trade in endangered
species (CITES)
- ensure that international trade in species and
specimens of wild animals and plants does not
threaten their survival - About 25,000 plant species and 5,000 animal
species are covered by the provisions of the
Convention - Canada joined in 1975
- 164 countries have signed on
12CITES
- CITES was drafted as a result of a resolution
adopted in 1963 at a meeting of members of IUCN
(The World Conservation Union) - Not one species protected by CITES has become
extinct as a result of trade since the Convention
entered into force
Claim by CITES, extinction caused by poaching,
habitat destruction, etc
13CITES levels of control
- Appendix I species threatened with extinction.
Trade of these species is permitted only in
exceptional circumstances. - Appendix II species not necessarily threatened
with extinction, but in which trade must be
controlled in order to avoid utilization
incompatible with their survival. - Appendix III species that are protected in at
least one country, which has asked other CITES
Parties for assistance in controlling the trade.
14CITES
- About 5,000 species of animals and 28,000 species
of plants are protected - Includes the charismatic spp
- Most are non-charismatic, e.g. corals, mussels
and frogs - Includes species, sub species and populations
15Convention on the Conservation of Migratory
Species of Wild Animals
- Also known as the CMS or the Bonn Convention
- Aims to conserve terrestrial, marine and avian
migratory species throughout their range - Provide strict protection for endangered
migratory species, conclude multilateral
agreements for conservation and management of
migratory species, and undertaking co-operative
research activities.
16Why Convention on Migratory Spp?
- intricate interrelationships, in many cases still
to be fully understood, with resident plant and
other animal species - unique role as indicators for the interdependence
of and linkages between ecosystems and for
ecological change
17Why Convention on Migratory Spp?
- More susceptible than non-migratory spp
- They need good habitat for reproduction but also
during their off-season and all along their
migratory routes
18Convention on Migratory Spp
- Spp most at risk
- Spp with unknown life histories (e.g. marine
turtles, slender billed curlew) - Spp under heavy exploitation
- Spp with small populations
19Another International Treaty
- Ramsar Convention on Wetlands
- The treaty was developed by countries meeting in
the city of Ramsar, Iran in 1971 - Today 137 countries have signed on
20Ramsar Commitments
- Designate at least one site that meets the Ramsar
criteria for inclusion in the List of Wetlands of
International Importance (the Ramsar List) - Include wetland conservation within their
national land-use planning - Establish nature reserves on wetlands
- Consult with other Parties about the
implementation of the Convention, especially with
regard to transfrontier wetlands, shared water
systems, shared species,
21World Heritage Convention
- Identify and conserve the world's cultural and
natural heritage, - Drawing up a list of sites whose outstanding
values should be preserved for all humanity and - Ensure their protection through a closer
co-operation among nations.
22World Heritage Convention
- Signed by175 countries, was adopted by the
General Conference of UNESCO in 1972 - Canadian natural sites
- Rocky Mt National Parks
- Gros Morne Nat Park
- Kulane (Yukon)
- Nahanni National Park
- Waterton Glacier International Park
- Wood Buffalo National Park
23General rule
Need awareness, this usually through research and
effective means to engage decision makers
- Benefit must be realised
- Threat reduced
- For people to change behaviour
- So look at policy instruments and determine who
benefits under existing socio-economic and
technological system.
24Federal
- Species at risk Act (SARA)
- National strategy Canadian Biodiversity Strategy
(1995) - National Accord for the protection of species at
risk (1996) - Aim of accord prevent SAR from becoming extinct
due to human activity
25Goals of Canadian Biodiversity Strategy
- Conservation and sustainable use
- Ecological management (improve understanding and
application of new knowledge) - Education awareness
- Incentives and legislation
- International cooperation (inc. equitable sharing
of benefits from genetic resources)
26Provinces that have laws
- Ontario (1971 amended 1990)
- New Brunswick (1974 amended 1996)
- Manitoba (1990 amended 1993)
- Quebec (1998 amended 2000)
- Nova Scotia (1998)
- Newfoundland and Labrador (2001)
27Identifying SAR
- Done since 1977 by Committee on the Status of
endangered wildlife in Canada (COSEWIC) - Listing criteria based on IUCN (World
Conservation Union) methods - Looks at 1) Terrestrial Mammals, 2) Marine
Mammals, 3) Birds, 4) Amphibians and Reptiles, 5)
Freshwater Fishes, 6) Marine Fishes, 7) Plants
and Lichens, and 8) Lepidopterans and Molluscs.
(20 of all spp)
28Identifying SAR
- After COSEWIC listing legal listing done by
political body
29Difference between COSEWIC listing and legal list
30(No Transcript)
31Comparison of provincial laws
- Critical habitat protected explicitly in NF,
NS,NB ON - Can occur with extra legal aid
- Recovery plan required NF, NS and AB
- Property rights agreements NF, PEI, NS, PQ, MB
- High of private property
- Critical habitat on private land
32Comparison of provincial laws
- Multi-jurisdictional cooperation NF,NS
- Citizen participation (including legal
challenges NF, NS, PQ, ON - All prohibit taking listed SAR
33Comparison of provincial laws
- Possession and sale permitted with limits ON,MB,
BC - Habitat destruction permitted BC, SK
- Nunavut has no SAR Act.
- Reporting status NS, MB, NF, AB, PEI, NW, YK
34Comparison US Canada
- US Endangered Spp Act passed 1973
- SAR Canada passed 2002
- ESA covers all ownerships
- SARA only federal ownership (inc mig birds and
fish) - Covers animals and plants only
- Listing in Canada by COSEWIC (approval by
Minister) - US by Secretary of Interior and Commerce
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