Wabasca and Ronald Lake Bison Herds in Alberta: conservation agreement

Official title: Canada Alberta conservation agreement for the Wabasca and Ronald Lake Bison Herds: In support of Wood Bison recovery in Alberta

This Agreement for the conservation and management of the Wabasca and Ronald Lake Bison Herds (“Agreement”) is made in duplicate as of _______(Date)_______, pursuant to Section 11 of the Species at Risk Act (Canada) and sections 10 and 11 of the Government Organization Act (Alberta).

All between
Her Majesty the Queen in Right of Canada,

as represented by the Minister of the Environment, acting through the Department of the Environment
(“Environment and Climate Change Canada” or “ECCC”) 
and the Parks Canada Agency (“PCA”), 
collectively (“Canada”)And 

Her Majesty the Queen in Right of the province of Alberta,
as represented by the Minister of Environment and Parks (“Alberta” “AB”)
(hereinafter the “Parties”)

Preamble

Whereas the Parties are both signatories to the Accord for the Protection of Species at Risk (1996);

And whereas the Parties recognize the value of species conservation and management;

And whereas the Wood Bison (Bison bison athabascae) has been listed as threatened under the Species at Risk Act, S.C. 2002, c. 29;

And whereas Wood Bison is a Priority Species under the Pan-Canadian Approach to Transforming the Conservation and Recovery of Species at Risk in Canada;

And whereas the Recovery Strategy identifies the Ronald Lake Bison Herd and the Wabasca Bison Herd as important for Wood Bison recovery in Canada, such that threats to these herds constitute threats to recovery of the species;

And whereas threats to the Ronald Lake Bison Herd include habitat loss and degradation and possibility of Disease transmission;

And whereas threats to the Wabasca Bison Herd include very small current population size, harvest, predation, and risk of Disease transmission.

And whereas the Parties wish to cooperate in the identification and taking of Conservation and Management Measures, and recognize their shared goal in delivering Conservation and Management Measures, to support recovery of the Wood Bison in Alberta;

And whereas the Parties recognize the substantive and meaningful actions that have been, or are currently being taken by the Parties, which will advance the management, conservation, and recovery of Wood Bison in Alberta (described in Section 8);

And whereas the Parties recognize their shared commitment to deliver immediate and long-term actions to manage and eliminate the threat of Disease transmission, to protect Disease-free Bison and domestic livestock, and to enable the conservation,  management and recovery of Wood Bison in Alberta;

And whereas the Parties recognize the importance of Indigenous, Stakeholder, community and public engagement in the recovery of Wood Bison in Alberta and consideration of impacts of conservation actions on socio-economic factors and multi-species responses;

And whereas the Parties recognize a role for Indigenous Peoples in the conservation, management and recovery of the Wabasca and Ronald Lake Bison Herds;

And whereas the Parties recognize that Indigenous Peoples’ perspectives will be relevant to inform implementation of this Agreement including with respect to their constitutionally protected Aboriginal and treaty rights;

And whereas Alberta has legislative responsibility for, among other things, wildlife management, including species at risk, and decisions respecting natural resources and provincial Crown and private lands, in the province of Alberta and has the responsibility to lead on Conservation and Management Measures for Wood Bison in Alberta;

And whereas Canada has legislative responsibility for wildlife species located on federal lands including Wood Buffalo National Park, and wildlife species listed in Schedule 1 of the Species at Risk Act, including the authority to address recovery, as well as the protection of listed wildlife species including the individuals, their residences and critical habitat on non-federal land in certain circumstances;

And whereas section 11 of the Species at Risk Act provides the competent ministers with the authority to enter into conservation agreements with any other government in Canada, organization or person to benefit a species at risk or enhance its survival in the wild – such agreements must provide for the taking of Conservation and Management Measures and any other measures consistent with the purposes of the Species at Risk Act;  and

And whereas sections 10 and 11 of the Government Organization Act, RSA 2000, c G-10 provide the provincial responsible minister with the authority to enter into agreements with the Government of Canada.

Now therefore, the Parties without prejudice to their respective constitutional powers agree to the following:

1. Definitions

For purposes of this Agreement; 

“Agreement” means this Agreement as it may have been, or may from time to time be amended, supplemented, restated, novated or replaced and includes all appendices to it.

“Best Available Information” means any data or information that can inform decisions and is accessible by the Parties.

“Bison Control Zone” means a geographic area within which bison occurrence is precluded, through lethal and/or non-lethal means.

“Conservation and Management Measures” means the coordinated actions undertaken by the Parties for the benefit of the Wabasca and Ronald Lake Bison Herds as set out in Sections 8 and 9.

“Crown Mineral Rights” means the rights to explore for, produce and sell the minerals contained in a parcel of land as provided in an agreement as defined and issued under the Mines and Minerals Act (Alberta).

“Disease” means one or both of the two cattle Diseases, bovine brucellosis and tuberculosis.

“Disease Management” means the development and implementation of management strategies and associated actions to eliminate the threat of Disease transmission from Diseased to Disease-free bison herds.

“Diseased Bison” means herds of Wood Bison where either or both of bovine brucellosis and/or tuberculosis are known to be present.

“Disease-free Bison” means herds of Wood Bison where neither bovine brucellosis nor tuberculosis are known to be present.

“Effective Date” means the date of the last signature affixed to this Agreement.

“Garden River Herd” means the subset of Wood Buffalo National Park bison ranging in the vicinity of Garden River, Alberta (see Appendix A). This herd is assumed to be Diseased.

“Indigenous Knowledge” means the knowledge regarding the Wabasca and Ronald Lake Bison Herds that Indigenous Peoples or their members share with either or both of the Parties to this Agreement.

“Indigenous Peoples” includes “Aboriginal peoples of Canada” within the meaning of section 35 of the Constitution Act, 1982.

“Cooperative management approach for Kitaskino Nuwenëné Wildland Provincial Park” refers to Alberta’s intent to cooperatively manage the wildland park with interested Indigenous communities and organizations. 

“Multi-partite Committee” means the executive committee made up of federal and provincial representatives whose long-term goal is to eliminate the risk of transmission of bovine tuberculosis and brucellosis from Diseased wild bison in and around Wood Buffalo National Park to Disease-free wild bison herds and domestic livestock.

“Peace-Athabasca Delta Herd”, or “Delta Herd”, means the subset of Wood Buffalo National Park bison ranging in and around the Peace-Athabasca Delta, within Wood Buffalo National Park (see Appendix A). This herd is known to be Diseased.

“Protective Notation” are instruments issued under authority of the Public Lands Act (Alberta) by provincial government departments to identify acceptable land uses or conservation objectives, and/or prescribe land or resource use protocols for certain public lands.

“Recovery Strategy” means the federal “Recovery Strategy for the Wood Bison (Bison bison athabascae) in Canada” published in 2018 under the Species at Risk Act, and includes future updates to the Recovery Strategy.

“Ronald Lake Bison Herd” means the wood bison occurring to the south of Wood Buffalo National Park, and within the southeast portion of Wood Buffalo National Park (see Appendix A).

“Ronald Lake Bison Herd Indigenous Knowledge Research Team” means the group that is established to coordinate Indigenous Knowledge processes and to fill information gaps related to the Ronald Lake Bison Herd and its habitat. 

“Ronald Lake Bison Herd Technical Team” means the group coordinating scientific activities and addressing information gaps related to the Ronald Lake Bison Herd and its habitat since 2014. 

“Ronald Lake Bison Herd Cooperative Management Board” means the entity established in 2019 by Ministerial Order, and as amended from time to time, to advise the Alberta Minister of Environment and Parks on matters related to the long term sustainability of the Ronald Lake Bison Herd, including sustainability of Indigenous traditional use of and cultural connection to the herd.

“Ronald Lake Special Bison Area” means the area set out under the heading “Ronald Lake Special Bison Area” in Footnote 1 of Schedule 7 to the Wildlife Regulation (Alberta Regulation 143/97 consolidated up to 137/2020).

"Stakeholders" means persons and organizations that may be affected by this Agreement and/or may wish to collaborate with the Parties in the fulfilment of this Agreement and includes local governments, trappers, non-governmental and recreational organizations, private land and tenure holders, natural resource industry representatives and industry associations.

“Wabasca Bison Herd” means the Wood Bison occurring to the south west of Wood Buffalo National Park, south of the Peace River (see Appendix A).

“Wood Bison” means the Bison bison athabascae.

2. Goal

2.1 The overarching goals of this Agreement are:

2.2 This Agreement is focused on the Wabasca and Ronald Lake Bison Herds, and includes measures intended to:

3. Principles

3.1 The following principles will guide interpretation and implementation of this Agreement.

3.2 Collaboration

3.3 Use of best available information

3.4 Adaptive management

3.5 Transparency

4. Interpretation

4.1 The preamble hereof and any Appendices hereto form an integral part of this Agreement.

4.2 This Agreement does not create any new legal powers or duties on the part of the Parties nor does it alter the powers and duties established by the Species at Risk Act, the Wildlife Act or any other federal legislation or legislation in Alberta.

4.3 Neither Party relinquishes or acquires any jurisdiction, right, power, privilege, prerogative or immunity by virtue of this Agreement.

5. Collaboration

5.1 The Parties will work together to coordinate processes and seek efficiencies in the identification and implementation of Conservation and Management Measures as they relate to the management of the Wabasca and Ronald Lake Bison Herds. This cooperation will include:

5.2 With respect to the Ronald Lake Bison Herd Cooperative Management Board established by Alberta:

5.3 The Parties recognize the value of the Ronald Lake Bison Herd Technical Team to help coordinate scientific activities and fill information gaps related to the Ronald Lake Bison Herd and its habitat.

5.4 The Parties recognize the value of the Ronald Lake Bison Herd Indigenous Knowledge Research Team to coordinate Indigenous Knowledge processes and fill information gaps related to the Ronald Lake Bison Herd and its habitat.

6. Indigenous peoples engagement

6.1 The Parties recognize that a number of processes have been established to engage Indigenous Peoples in Wood Bison conservation and Disease management, and that this Agreement does not replace any of these previously established processes or preclude potential future processes. 

6.2 With respect to this Agreement, the Parties will:

7. Public engagement

7.1 The Parties commit to engaging with the public and Stakeholders for the conservation and management of the Wabasca and Ronald Lake Bison Herds.

7.2 With respect to this Agreement, the Parties will:

8. Conservation and management measures for the Wabasca and Ronald Lake Bison Herds taken to date

8.1 The Parties recognize the actions that have been, or are currently being, undertaken to advance management, conservation, and recovery of the Wabasca and Ronald Lake Bison Herds.

9. Planned conservation and management measures for the Wabasca and Ronald Lake Bison Herds

Habitat conservation and disturbance management for the Ronald Lake Bison Herd

9.1 For the purposes of minimizing future Ronald Lake Bison Herd habitat loss or degradation:

Disease mitigation, monitoring and management for the Ronald Lake Bison Herd

9.2 For the purposes of monitoring Disease occurrence and eliminating the risk of Disease transmission:

Conservation of the Ronald Lake Bison Herd

9.3 For the purposes of conserving the Ronald Lake Bison Herd population genetics, and for potential future re-establishment of a Disease-free herd in the event that the herd becomes Diseased:

9.4 Within the first year of the Agreement, Alberta will review existing provisions under the Wildlife Regulation to identify and implement any necessary changes for the purposes of further protecting Ronald Lake Bison Herd individual animals.

Addressing Information Gaps and Monitoring of the Ronald Lake Bison Herd

9.5 For the purposes of guiding mitigation and monitoring and addressing information gaps regarding the Ronald Lake Bison Herd:

Wabasca Bison Herd measures

9.6 For the purposes of conserving and managing the Wabasca Bison Herd:

Disease transmission management

9.7 For the purpose of ongoing Disease management:

10. Governance

10.1 The Representatives of the Parties (as referred to in section 17.1 of this Agreement) will establish a committee composed of delegates referred to in Sections 17.3 and 17.4.  This committee will strive to:

11. Information sharing and research

11.1 Each Party agrees, subject to applicable data sharing agreements, or legislative provisions that would prevent it from doing so, to provide the other Party access to available data and information relevant to the implementation of this Agreement at no charge. This includes:

11.2 The Party providing data and information may require confidentiality of the recipient party. Data and information so identified by a Party, or a collaborator will be held confidential by the Parties to the extent permitted by their respective legislation and related policies, procedures, and agreements.

11.3 Each Party may identify research or monitoring needs to increase knowledge that will enhance Wood Bison conservation, management or recovery in Alberta.

11.4 The Parties will collaborate to evaluate internally and externally generated research or monitoring proposals to ensure they contribute meaningfully to Wood Bison conservation, management and recovery in Alberta.

12. Financial arrangements and support

12.1 Recognizing the significant financial investments required to support Wood Bison conservation and management in Alberta, the Parties will seek funding and will work together on an annual basis to identify needs and priorities, to implement Conservation and Management Measures to achieve the provisions identified in this Agreement. 

12.2 The Parties recognize that implementation of this Agreement is subject to their respective appropriations, priorities and budgetary constraints.

12.3 Canada agrees to provide Alberta with financial support for the implementation of this Agreement, the details of which will be set out in separate contribution agreements.

13. Monitoring and reporting

13.1 Representatives of the Parties or their delegates (identified in section 17) agree to convene at least annually to develop a work plan, review implementation of this Agreement, and to produce an annual report. 

13.2 The annual report will satisfy various reporting requirements under the Species at Risk Act and will be made public on the Species at Risk Public Registry.

13.3 Based on the review outlined in section 13.1, the Parties will evaluate the measures listed in this Agreement, and propose any additional commitments, which may be required to increase the likelihood of achieving the conservation and recovery of Wood Bison in Alberta.

13.4 The report will inform discussions on renewal of this Agreement.

14. Agreement duration, termination and renewal

14.1 This Agreement takes effect on the Effective Date. It will remain in force for a term of 5 years unless terminated earlier by one of the Parties or the Parties agree to terminate it in accordance with this Agreement.

14.2 Either Party may terminate this Agreement for any reason, 90 days after consulting with and providing written notice to the other Party, or the Parties may agree in writing to mutually terminate the Agreement.

14.3 The Parties may renew this Agreement or any part of it, and its term may be extended with the written consent of the Parties prior to the expiration of this Agreement.

15. Amendment

15.1 This Agreement may be amended from time to time with the agreement of the Parties.

15.2 In case of amendments to the Recovery Strategy, the Parties will consider whether amendments to this Agreement are warranted.

16. Dispute resolution

16.1 In the event of a dispute between the Parties arising out of this Agreement, the Parties will use the following procedure to resolve the dispute:

17. Designation for implementation of this agreement

17.1 For the purposes of this Agreement, the Representatives of the Parties are:

17.2 Either Party may change its Representative for the purpose of this section by giving notice to the other Party.  

17.3 The administration and day-to-day implementation of this Agreement will be carried out on behalf of Canada by delegates of the Assistant Deputy Minister of the Canadian Wildlife Service, Environment and Climate Change Canada and the Senior Vice-President of Operations, Parks Canada Agency.

17.4 The administration and day-to-day implementation of this Agreement will be carried out on behalf of Alberta by delegates of the Assistant Deputy Minister, Resource Stewardship Division of Environment and Parks.

17.5 Where this Agreement requires notice be provided or received, or consent be given, the Representative of each Party identified in section 17.1 may provide or receive notice or give the consent required.

18. Counterparts

18.1 This Agreement may be signed in several counterparts and each counterpart shall constitute an original document; these counterparts taken together shall constitute one and the same Agreement. The Parties agree that executed counterparts may be transmitted electronically (pdf format) and that such counterparts shall be treated as originally executed instruments. Each Party undertakes to provide the others with a copy of the original Agreement bearing actual original signatures within a reasonable period of time following execution of this Agreement.

19. Signatures

In witness whereof, the Parties have executed this Agreement.
On behalf of Her Majesty the Queen in Right of Canada, as represented by the Minister of the Environment, acting through the Department of the Environment.

___________________________________
Tara Shannon
Assistant Deputy Minister
Canadian Wildlife Service
Environment and Climate Change Canada

Signed this ___________ day of _____________, 2021.

And

On behalf of Her Majesty the Queen in Right of Canada, as represented by the Minister of the Environment, acting through the Parks Canada Agency.

__________________________________
Andrew Campbell
Senior Vice-President of Operations
Parks Canada Agency

Signed this ___________ day of _____________, 2021.

And

On behalf of Her Majesty the Queen in right of the Province Alberta, as represented by the Assistant Deputy Minister of Policy Division, Alberta Environment and Parks.

_______________________________
Tom Davis
Assistant Deputy Minister of Resource Stewardship Division
Alberta Environment and Parks

Signed this ___________ day of _____________, 2021.

Approved pursuant to the Government Organization Act (Alberta)

________________________________
Alberta Intergovernmental Relations, Executive Council

Signed this ___________ day of _____________, 2021.

Appendix A: Map identifying location of Wood Bison Herds in the area of interest for this Agreement.

Map of the Wood Bison herd ranges of northeastern Alberta.
Long description

This map displays the Wood Bison herd ranges of northeastern Alberta from the Wood Bison Recovery Strategy (2018).

In the upper half of the map, from west to east, is the Wentzel Lake Herd (west of Wood Buffalo National Park), Garden River Herd (within Wood Buffalo National Park, west of Lake Claire), and the Peace-Athabasca Delta Herd (within Wood Buffalo National Park, east of Lake Claire). These herd ranges are not distinct; they overlap with the range of the adjacent herd(s).

The Wabasca Bison Herd range is geographically separate from all other herds in the map. It occurs south of the Wentzel Lake Herd and southwest of the Garden River Herd. The Wabasca Bison Herd range is in-line with the southern edge of Wood Buffalo National Park.

The Ronald Lake Bison Herd range is geographically separate from all other herds in the map, however the northern extent occurs very close to the southern boundary of the Peace-Athabasca Delta Herd. The Ronald Lake Bison Herd range is south of Lake Claire, overlapping with the southern extent of Wood Buffalo National Park. It runs north-south between the McIvor River to the west and the Athabasca River to the east.

This map also displays reserve lands in the area. In the western extent of the map, approximately north to south, are John D’Or Prairie 215, Fox Lake 162, Tall Cree 173, and Waldin Lake 173C. In the centre of the map, from north to south, are Peace Point No. 222 and Namur River 174A and 174B. In the eastern extent of the map, approximately north to south, are: Sandy Point 221; Devil’s Gate 220; Allison Bay 219; Dog Head 218; Chipewyan 201A, 201B, 201, 201C, and 201E; Old Fort 217; Chipewyan 201G, and Fort McKay 174C.

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