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Wildlife Act Review

[Commenting/Printing] Consent To Disclose and Use of My Personal Information Table of Contents Introduction Background What is the Vision for Sustainable Wildlife Management? What is the Role for First Nations in Sustainable Wildlife Management? Management of Wildlife Populations and Protection of Species Management of Wildlife-Human Interactions Management of Recreational Use of Wildlife Management of Commercial Use of Wildlife Effective Decision-Making Compliance Appeals Appendix 1: First Nations Rights and Wildlife Management Appendix 2: Habitat Protection Appendix 3: Species at Risk Appendix 4: Definition of Wildlife Appendix 5: Constitutional Responsibility for Fisheries General Feedback

The Wildlife Act: Managing For Sustainability In The 21st Century - Discussion Paper

Management of Wildlife Populations and Protection of Species

Habitat Stewardship

The conservation of species cannot be successful without adequate protection for wildlife habitat. At the same time, the requirements of wildlife must be balanced against the needs of human users, such as those involved in commercial, industrial, urban, or agricultural development. This balance is achieved in part through strategic land-use planning.

Strategic land-use planning is an open and community-based process for determining how land will be used. It enables decisions to be made over large regions and sub-regions of the province, and helps to ensure that resource management decisions take into account the needs of communities, the economy and the environment. The process is structured to encourage participation by the public, stakeholders and various levels of government throughout a number of stages: consultation, planning, preparation, decision-making, implementation, monitoring and amendment.

Once a strategic land-use plan is approved, activities in that area are guided by the provincial land-use decision, and the directions set out in the plan. Various legislative and policy tools are used to implement a land-use plan, including the Wildlife Act.

The Regulation of Activities on Crown land

The Ministry of Environment works with the provincial Ministry responsible for regulating resource use on Crown land to ensure that these activities (e.g. forestry, mining) have a minimal impact on wildlife and wildlife habitat.

The most recent example of this type of cooperation is the development of the Forest and Range Practices Act with the Ministry of Forests and Range. This legislation reflects significant advances with regard to the forestry sector and it is hoped that cooperative efforts with other ministries will lead to similar results in mining, agriculture and other sectors. The Ministry is working to further champion habitat stewardship in these sectors and develop approaches to dealing with the challenge of increasing demands on the land base. Policy options are currently being explored in conjunction with the current proposals for change relating to wildlife management issues.

The Regulation of Activities on Private Land

The Ministry has only limited legislative tools that allow it to regulate the use of private lands and require the conservation of habitat on private lands.

The Fish Protection Act and Riparian Areas Regulationprotect aquatic habitat by preventing the construction of dams on designated protected rivers and streams that run through private lands, allowing for the designation of sensitive streams, requiring the protection of stream-banks and providing for the recovery of fish populations. The Water Act Water Regulationalso protects habitat in streams that cross private property. Under the Environmental Assessment Actprotection of habitat can be included as a condition of an environmental certificate issued for a project on private land.

Acquiring Private Land or Rights Over Private Land

The Ministry of Environment works with owners of private land in a variety of ways to protect important habitat. Using provisions of the Wildlife Act and other legislation, private land may be acquired directly by the Ministry through purchase, exchange or donation. This allows the Ministry to maintain the habitat values of the area and designate the land as a conservation area (e.g. wildlife management area) or a protected area. In some cases, a former property owner may retain a life estate or tenancy on a portion and may act as a caretaker for the land. The Province may similarly acquire easements and rights of way over private land to address conservation-related objectives. The Ministry, either alone or in partnership with a non-governmental organization, may also hold a covenant over private land for the purposes of ensuring that certain habitat values are maintained by the landowner.

In other situations, land that is owned by a non-governmental organization or individual landowner is leased to the Province for a long period of time (usually 99 years). The Province then manages that land for its habitat values subject to the conditions of the lease. In most instances, the land can be treated in much the same way as a conservation area or protected area on Crown land. For example, a number of lease properties have been incorporated into existing wildlife management areas, ecological reserves, parks or other areas managed by the Ministry of Environment.

Habitat-related land designation

The Ministry has the authority to establish parks and conservancies under the Park Act and the Protected Areas of British Columbia Act. Ecological reserves can be established under the Ecological Reserve Act or by the Protected Areas of British Columbia Act. In addition, other “protected areas” can be established under the Environment and Land Use Act. Designations under these Acts may result in the protection of significant ecosystems that support a variety of wildlife habitat.

The Wildlife Act also provides for the conservation of important fish and wildlife populations and their habitats through the designation of Wildlife Management Areas (WMAs). Lands to be designated as WMAs are acquired by the Ministry through acquisition, transferred to the administration of the Ministry (usually through a transfer of administration under the Land Act), or secured via a long-term lease arrangement, and are then designated under authority of the Wildlife Act.

A more detailed discussion of habitat protection under the Wildlife Act is found in Appendix 2.

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Species Conservation

The Province provides expertise, infrastructure, and resources to support species-conservation initiatives at the regional and local level. The Province also enacts and enforces laws and regulations that create consistent levels of protection for wildlife and habitat across the province, and works with the governments of neighbouring jurisdictions to develop protections that are maintained outside of provincial boundaries.

Conserving and protecting wildlife includes managing threats to wildlife populations, such as invasive alien species, wildlife diseases, poaching and illegal use. The Ministry currently works to prevent the introduction and spread of invasive species and wildlife diseases. The Ministry also monitors and tracks the ownership and possession of wildlife to manage the threat of illegal use.

Protection of designated species and population integrity: species at risk

A vital aspect of wildlife management is the protection of species at risk. A species is said to be "at risk" if it is threatened or endangered. (For scientific purposes, species at risk also includes extirpated species that have disappeared from the province.) An "endangered" species is a native species determined to be in danger of imminent extinction throughout a significant portion of its customary range in the province. A "threatened" species is one that is considered to be at risk of becoming endangered.

In May 2004, the B.C. Legislature enacted several amendments of the Wildlife Act to enhance the ability of the government to designate, manage and protect species that are at risk in British Columbia (Wildlife Amendment Act, 2004). The 2004 amendments provide Cabinet with the authority to list any species or population of animal, bird, fish, plant or other species as a species at risk to ensure additional protection. A regulation is needed to bring these amendments into force and this regulation will include a list of species at risk that will be protected under the amended Wildlife Act.

Once designated in the regulation, an array of protective measures in the Wildlife Act will apply to species at risk unless an exemption is specifically authorized by regulation or by the Minister of Environment for designated purposes (e.g. scientific research, education, or conservation measures such as captive breeding). A more detailed discussion of this area is found in Appendix 3.

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The Definition of Wildlife

The definition of wildlife in the Wildlife Act establishes the scope of wildlife management by defining which species are covered by the provisions of the Act and regulations. Wildlife Act provisions apply only to those species defined as "wildlife" in the Act. Currently the Act defines "wildlife" as raptors, threatened species, endangered species, game or other species of vertebrates prescribed as wildlife and, for the purposes of several sections, includes fish (for more information about what is defined as "wildlife" under the current Act please see Appendix 4).

The current definition limits the Ministry's ability to respond to a number of wildlife management issues because it does not provide the scope to adequately control the threat to native wildlife and wildlife habitat posed by alien invasive species and wildlife disease.

The definition is also inconsistent with other legislation. Given the importance of shared stewardship initiatives for habitat and species conservation, it is necessary that the definition of wildlife is consistent across the legislative framework for land use and resource use decisions in B.C. For example, the definition of wildlife in the Forest and Range Practices Act provides for the protection of endangered or threatened plants, which are currently excluded from the Wildlife Act definition.

Proposals for Change

Amend the definition of wildlife so that the Province can respond effectively to emerging wildlife management issues such as alien invasive species and wildlife disease.

Amend the definition of wildlife so it is consistent, where appropriate, with definitions in other B.C. legislation.

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Alien Species

Alien species are plants, animals and micro-organisms that are transported beyond their natural range and become established in a new area. They are also called "exotic," "introduced," "non-native," or "non-indigenous" species and may come from outside B.C. (e.g. European starlings, Scotch broom) or can be native to some parts of B.C. but are not native to regions of the province where they have been introduced artificially (e.g. black-tailed deer and raccoons on the Queen Charlotte Islands).

Humans have created many ways for plants, animals and micro-organisms to spread beyond their natural ranges, and the rate of alien species introduction is accelerating rapidly as global commerce and travel increases, and the exotic pet trade market grows. All alien species must be treated with caution; even though harmful and invasive[1] alien species are a minority of all non-native species, the damage they do to native species populations and ecosystems, human and animal health and the economy can be severe and wide-ranging. Alien species that are invasive can be a serious threat to biodiversity - they can crowd out native species and, through competition, predation, hybridization, disease and parasite introduction, can threaten native species populations and the integrity, vitality, and complexity of native ecosystems.

B.C. currently does not have adequate legislative authority to regulate the import, possession and intra-provincial transport of alien wildlife species. Improved controls on the import and traffic of wildlife and exotic (non-wildlife) species will increase the effectiveness of strategies aimed at reducing wild animal disease transmission and the spread of alien invasive species.

The current Wildlife Act makes it an offence to import live wildlife, or the egg of a wildlife species, into B.C. except as authorized by a permit. However, provisions of the Wildlife Act and regulations apply only to alien species that are defined as “wildlife” in the Act or are prescribed as “wildlife” in the regulations. If a species is not prescribed as “wildlife”, and proves to be invasive, a change to the statute may sometimes be needed to control importation, possession, translocation, and release. Changing legislation takes time and this means that the Ministry is less able to respond quickly and effectively to threats posed by the introduction and movement of alien species.

One response to the current lack of control over alien species would be the replacement of the current set of schedules with a "clean" and "prohibited" list of species. Animals, birds, reptiles, amphibians and fish would be classified as follows: those species on the "clean" list could be permitted to enter B.C., those on the "prohibited" list could not be imported, trans-located or released by the public. If a species appeared on neither list, the onus would be placed on the importer to demonstrate that importing and possessing the species would not negatively impact wildlife, habitat or human health and safety. This would remove the Ministry's obligation to prove that a species is a threat and make necessary regulation changes.

Proposals for Change

Authorize the Minister to restrict the introduction of, monitor, control and manage species whose introduction into, or presence in, B.C. may present an ecological threat to wild species of native fauna or flora, or negatively impact the Province's economy.

Develop "clean" and "prohibited" lists in regulation to clarify which species cannot be imported, trans-located or released by the public. If a species appears on neither list, the proponent must demonstrate that importing the species will not negatively impact wildlife, habitat or human health and safety.

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Disease

To ensure the sustainability of wildlife resources, the Ministry is responsible for supporting the maintenance of healthy wildlife populations and preventing wildlife disease. Canada's National Wildlife Disease Strategy indicates that wildlife disease is a very significant concern in connection with manging wildlife resources.

In the first six months of 2003, wild animal diseases were second only to war in claiming attention and causing exceptional expenditure by governments around the world. Diseases originating in wild species have affected human health and food safety, agricultural production and economic viability, ecosystem integrity and biodiversity, and world economies on an ascending scale throughout the past century and into the current one.[2]

The Ministry is concerned about the devastating effects that wildlife diseases can have on species conservation, agriculture and economies. Particularly troubling are pathogens that can travel between species and can infect humans, such as some avian influenza viruses. This concern is not limited to live animals carrying disease. Dead animals and animal parts may still carry pathogens that can be transmitted to live wildlife and livestock. Even if a species does not survive import, the infectious organism that it carries may survive and spread to animals or humans. Under the current Wildlife Act it is not an offence for a person to import dead wildlife or wildlife parts into B.C. without a permit. It is an offence to possess dead wildlife or a part of any wildlife without a permit, licence or as prescribed in regulation.

The game farming of native cervids, such as deer, moose, and elk, is currently not allowed in B.C. This ban has resulted in fewer cases of chronic wasting disease (which can devastate native populations of these animals) in B.C. when compared to other jurisdictions, such as Alberta, where the game farming of these animals is permitted. It is for this reason that no changes to the Wildlife Act that would allow the game farming of native cervids are proposed.

As described earlier in the Discussion Paper, the provisions of the Wildlife Act and regulations apply only to those species that are defined as "wildlife" in the Act or are prescribed as "wildlife" in the regulations. Concerns have been raised about numerous unregulated or under-regulated species that are imported into British Columbia to be sold as pets, for zoos, or for other commercial operations involving the display of wildlife. Any wild species that is bred, raised or kept in captivity presents an increased risk of disease transmission to humans and, under some circumstances, to animals of the same and other species. If a species is not prescribed as "wildlife", but proves to be a disease threat, a regulation change is typically required so that the species can be classified as "wildlife". A regulation change requires Cabinet approval. Only after that species is classified as "wildlife" can an officer enter and inspect land, premises or enclosures in which that wildlife is kept and take appropriate action to deal with any disease threat.

Time is of the essence when responding to wildlife disease threats. The need for Cabinet approval before a regulation is changed means that classifying a problem species as "wildlife" takes time. The result is that the Ministry is less able to respond quickly and effectively to disease threats. In order to permit action on an urgent basis it is important for the Minister to have the ability to act without Cabinet approval with regard to urgent perceived wildlife disease threats that may affect human, wildlife or livestock health.

Proposals for Change

Include emergency powers in the Wildlife Act to allow a wildlife officer to enter property for the purpose of investigating or destroying diseased wildlife and alien or exotic species.

Include more provisions in the Wildlife Act to limit the import, and control possession and use, of live alien or exotic species that are not currently designated as "wildlife" under the Wildlife Act.

Authorize the Minister to designate and take measures to manage species that pose an immediate disease threat.

Include provisions in the Wildlife Act to limit the import of dead wildlife and non-wildlife species and parts.

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[1] An invasive alien species is a species or subspecies introduced outside of its natural past or present distribution whose introduction and/or spread threaten biological diversity. (Invasive Alien Species Framework for B.C.: Identifying and Addressing Threats to Biodiversity. (Victoria, B.C: Ministry of Water, Land, and Air Protection, 2004) pp 79. Available at the following web address: /wld/documents/alien_species_framework_BC_0205.pdf).

[2] Environment Canada, “Annex II, Wildlife Diseases: Background,” in Canada’s National Wildlife Disease Strategy, (September, 2004), online: http://www.cws-scf.ec.gc.ca/cnwds/draft11.pdf (17).

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