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Species at Risk Legislation

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Title: Species at Risk Legislation


1
Species at Risk Legislation
  • Class 8
  • Presentation 1

2
To prepare for this class think about the
question below
  • If you were writing a Species at Risk law, what
    would you include in it?

3
Major 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
4
Objective 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.

5
International
  • 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

6
Application 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

7
Cone shells
  • Coral reefs and mangrove swamps
  • Both habitats threatened
  • Host of drugs
  • Pain
  • Anti-inflammatory
  • Anti-psychosis
  • etc

8
Application 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)

9
Application of CoB
  • May take court action to determine fair
    compensation
  • Deterring companies from investing
  • Other solution?

10
Application 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

11
Convention 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

12
CITES
  • 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
13
CITES 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.

14
CITES
  • 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

15
Convention 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.

16
Why 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

17
Why 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

18
Convention 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

19
Another 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

20
Ramsar 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,

21
World 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.

22
World 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

23
General 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.

24
Federal
  • 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

25
Goals 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)

26
Provinces 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)

27
Identifying 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)

28
Identifying SAR
  • After COSEWIC listing legal listing done by
    political body

29
Difference between COSEWIC listing and legal list
30
(No Transcript)
31
Comparison 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

32
Comparison of provincial laws
  • Multi-jurisdictional cooperation NF,NS
  • Citizen participation (including legal
    challenges NF, NS, PQ, ON
  • All prohibit taking listed SAR

33
Comparison 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

34
Comparison 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

35
  • Questions
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