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Species at Risk Legislation

Species at Risk Legislation. Class 8 Presentation 1. 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?. Major international laws. Convention on Biological Diversity,

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Species at Risk Legislation

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  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. 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

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

  32. 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

  33. 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

  34. Questions

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