Woodland Caribou (Boreal population) in Newfoundland and Labrador: conservation agreement

Official Title: Conservation Agreement on the Conservation of Woodland Caribou of the Boreal Population ("Boreal Caribou") in Labrador

Conservation agreement for the Conservation of the Woodland Caribou, Boreal Population (“Boreal Caribou”) in Labrador
Between
Her Majesty the Queen in right of the province of Newfoundland and Labrador,
as represented by the Minister of Fisheries and Land Resources and Minister for Intergovernmental and Indigenous Affairs (“Newfoundland and Labrador” “NL”)
And
Her Majesty the Queen in right of Canada,
as represented by the Minister of the Environment who is responsible for the Department of the Environment (“Canada” or “Environment and Climate Change Canada” “ECCC”)
(hereinafter the “Parties”)

Preamble:

Whereas the Woodland Caribou, Boreal population (hereinafter referred to as “boreal caribou”) is a species that has been listed as threatened on Schedule 1 under the federal Species at Risk Act, and listed under Newfoundland and Labrador’s Endangered Species Act, as threatened;

And whereas Newfoundland and Labrador and Canada wish to cooperate in the identification and taking of conservation measures to support recovery and protection of boreal caribou in Labrador;

And whereas Newfoundland and Labrador has legislative responsibility for, among other things, wildlife management, including species at risk, and decisions respecting natural resources, lands in Newfoundland and Labrador and consequent to this responsibility has the lead on recovery measures for caribou in the province;

And whereas Canada has legislatively responsibility for wildlife species located on federal lands, and the federal Species at Risk Act addresses protection and recovery of wildlife species listed in Schedule 1 of that Act, including the individuals, their residences and critical habitat on non-federal lands in certain circumstances;

And whereas the parties recognize the value of the stewardship approach to species conservation;

And whereas the parties recognize the importance and cultural significance of caribou to Indigenous people of Labrador;

And whereas the parties recognize that Indigenous perspectives will inform this agreement;

And whereas the parties recognize the participation of Nunatsiavut Government, NunatuKavut Community Council, and Innu Nation in the conservation of wildlife in Labrador including in the recovery of boreal caribou is essential;

And whereas the parties recognize the role of the Torngat Wildlife and Plants Co-Management Board under the Labrador Inuit Land Claims Agreement with respect to the conservation and management of wildlife, plants and habitat in the Labrador Inuit Settlement Area;

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 of Canada, organization or person to benefit a species at risk or enhance its survival in the wild, which must provide for the taking of conservation measures and any other measures consistent with the purposes of Species at Risk Act;

And whereas section 27 of the Endangered Species Act states that an agreement can be entered into with another government or person to provide for the conservation of a species designated under the Endangered Species Act, including such measures as education and public awareness, research and monitoring, habitat protection and other management strategies;

And whereas the parties are both signatories to the Accord for the Protection of Species at Risk (1996);

Now therefore, the parties agree and commit to the following:

1. Definitions

“Action Plan” refers to the 2018 federal action plan proposed in the public registry ‘action plan for the Woodland Caribou (Rangifer tarandus caribou), Boreal Population, in Canada - Federal Actions’ and future updates;

“Boreal caribou” means the designatable unit of Woodland caribou (Rangifer tarandus caribou) identified by the Committee on the Status of Endangered Wildlife in Canada as distributed across Canada throughout seven provinces and two territories, extending from the northeast corner of Yukon Territory east to Labrador and south to Lake Superior and some isolated populations in central Quebec. They are sedentary animals differing genetically from migratory animals of the same and different subspecies who may share parts of their range outside the breeding season. In Labrador there are three local populations of boreal caribou – Lac Joseph (NL1), Red Wine Mountain (NL2) and Mealy Mountains (NL3) (codes in brackets reflect local population nomenclature in the 2012 federal Recovery Strategy).

“Critical habitat” means the habitat that is necessary for the survival or recovery of a species and for the purpose of this agreement represents the critical habitat identified in the 2012 federal Recovery Strategy and includes any amendments or updates to the Recovery Strategy on the public registry. This is not the same definition under the Endangered Species Act, or in provincial recovery documents;

“Disturbed habitat” means habitat showing: i) anthropogenic disturbance visible on Landsat at a scale of 1:50,000, including habitat within a 500 m buffer of the anthropogenic disturbance; and/or ii) fire disturbance in the last 40 years;

“Indigenous Knowledge” is defined by the United Nations Educational, Scientific, and Cultural Organization (UNESCO) as the understandings, skills and philosophies developed by societies with long histories of interaction with their natural surroundings. For rural and Indigenous peoples, local knowledge informs decision-making about fundamental aspects of day-to-day life.

“Range plans” refer to plans that provide specific information on historical monitoring and science information on a specific caribou herd or group of herds, as well as actions required to recover caribou herds within a particular geographic planning area, including how range-specific land and/or resource activities will be managed over space and time to protect and recover critical habitat as identified in the federal Recovery Strategy;

“Recovery Plan” refers to the provincial ‘Recovery strategy for three Woodland caribou herds (Rangifer tarandus caribou; Boreal population) in Labrador’ published in 2004 under the Endangered Species Act, and future updates;

“Recovery Strategy” refers to the federal ‘Recovery Strategy for the Woodland Caribou, Boreal population (Rangifer tarandus caribou)’ published in 2012 under the Species at Risk Act and future updates;

“Stakeholder” in the context of this agreement refers to any individual, industry, government, organization or other entity that can either affect or be affected by the recovery of boreal caribou in Labrador.

2. Goal and purpose

2.1 The overarching goal of this agreement is to articulate how the parties will collaboratively support the recovery of boreal caribou in Labrador.

2.2 The purposes of this agreement are to:

3. Principles

The following principles will guide interpretation and implementation of this agreement:

Collaboration: the parties will work together to agree on measures needed to achieve boreal caribou recovery relevant to Labrador and will cooperate in the development and implementation of these conservation measures in a manner that minimizes duplication, maximizes efficiency and respects and supports jurisdictional roles and responsibilities;

Results focus: the parties will work toward maintaining self-sufficiency of local populations, and toward achieving positive trends in non-self-sustaining populations, and recognize the need for and contribution of both habitat-related and non-habitat-related measures in achieving that result;

Use of best available information: the parties will make use of the best available information (both scientific and Indigenous), and will make reasonable efforts to obtain this information and access this knowledge;

Adaptive management: the parties recognize that monitoring the effects of actions and adjusting approaches as necessary will be critical to success;

Transparency: the parties acknowledge that sharing information related to the implementation of measures covered by this agreement will facilitate cooperative efforts to recover caribou;

Indigenous community engagement: the parties will collaborate and engage with Indigenous governments and organizations on aspects of caribou recovery in Labrador, including the development and implementation of conservation measures pursuant to this agreement;

Indigenous community partnership: the parties will seek to partner with Indigenous governments and organizations in the delivery of aspects of this agreement; and

Stakeholder engagement: the parties will continue to seek opportunities for engagement with stakeholders as collaborators in caribou recovery.

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 Endangered Species Act or any other federal or provincial legislation.

4.3 Neither party relinquishes any jurisdiction, right, power, privilege, prerogative or immunity by virtue of this agreement.

4.4 Environment and Climate Change Canada, enters into this agreement on behalf of the Minister of the Environment under the authority of section 11 of the Species at Risk Act.

4.5 Newfoundland and Labrador enters into this agreement under the authority of section 27 of the Endangered Species Act.

5. Coordination with recovery strategies, action plans and management plans

5.1 The parties will cooperate in the development, amendment and implementation of recovery strategies, recovery plans, action plans, management plans, and similar documents related to the recovery of boreal caribou in Labrador. This cooperation will include:

5.2 In the event that there are outstanding questions arising out of cooperation under section 5.1, the parties will refer to the amendment and dispute resolution processes outlined in sections 15 and 16 of this agreement.

6. Indigenous collaboration

6.1 The parties commit to collaboration on boreal caribou recovery with Indigenous governments and organizations in Labrador. Specifically, the parties will collaborate with Indigenous governments and organizations to:

7. Stakeholder engagement

7.1 The parties commit to:

8. Conservation measures

8.1 The parties agree to the overarching recovery goal of achieving self-sustaining local populations for each boreal caribou range in Labrador, and the short and medium term population objectives set out in Appendix I. These population objectives will guide the application and evaluation of conservation measures in Labrador and they may be reviewed from time to time, in collaboration with Indigenous governments and organizations.

8.2 The parties agree that habitat within the three local population ranges identified in the Recovery Strategy is well above the 65 per cent intact threshold and that the loss of individuals from harvest is currently the largest threat to boreal caribou in Labrador.

8.3 The parties acknowledge that:

8.4 In the development of the conservation measures set out in this agreement, the parties will be guided by information derived from the following sources:

8.5 Conservation measures to be implemented under this agreement are outlined in Appendix II. These measures may be modified based on adaptive management principles and their implementation is contingent on funding.

9. Habitat protection

9.1 In addition to committing to conservation measures set out in Appendix II to this agreement, the parties recognize:

9.2 Accordingly, the parties make the following commitments:

10. Governance

10.1 Officials referred to in sections 17.2 and 17.3 will undertake the day to day administration and implementation of this agreement.

10.2 Officials may convene from time to time to facilitate the day to day administration and implementation of this agreement.

11. Information sharing

11.1 Each party agrees, subject to any applicable data sharing agreements and legislative provisions that would prevent them from doing so, to provide the other party access at no charge to data and information relevant to the implementation of this agreement collected from the date of signing of this agreement and for the life of the agreement. This includes:

11.2 All data and information on boreal caribou should be considered confidential unless the party sharing it directly notifies the other party that it is not confidential. Both parties will agree to hold all jointly collected or shared information in confidence and not share it without written permission of the other party.

11.3 Data collected or information available prior to the signing of this agreement may be made available, in accordance with section 11.2, for the purposes of implementing this agreement under a separate data sharing agreement, for the life of this agreement or other specified terms. This may include:

12. Financial arrangements and support

12.1 Recognizing the significant financial investments required to support boreal caribou conservation and recovery, the parties will work together to identify needs, priorities and funding opportunities to implement conservation measures to achieve the population objectives 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 Newfoundland and Labrador financial support for activities that have been outlined in this agreement. The terms and conditions of the financial support will be set out in separate contribution agreements.

13. Monitoring and reporting on the agreement

13.1 The parties agree to convene annually, including by teleconference, to review and document the status of recovery efforts.

13.2 The conservation measures set out in Appendix II will have milestones identified annually which will form the subject of reporting.

13.3 The parties will prepare an annual report summarizing the progress towards meeting short, medium and long term population objectives and the implementation of conservation measures will be prepared.

13.4 The annual reports will be used to inform reporting requirements under sections 46, 63 and 126c of the Species at Risk Act.

14. Agreement duration, termination and renewal

14.1 This agreement takes effect on the date of the last signature affixed to this agreement (“Effective Date”). It will remain in force for a term of four years unless terminated earlier by one of the parties or the parties mutually agree to terminate it.

14.2 Either party may terminate this agreement 90 days after consulting with and providing written notice to the other party. Each party acknowledges that failure to implement commitments it has made in this agreement may be grounds for the other party to invoke this section.

14.3 The parties may renew this agreement or any part of it, and its duration may be extended with the mutual written consent of the parties prior to the expiration of this agreement.

15. Amendment

15.1 This agreement may be amended with the written mutual consent of the parties.

15.2 In particular, appendices to this agreement may be amended in writing, as required, and automatically incorporated to this agreement, as amended, by the mutual written consent of the parties, pursuant to subsection 17.2 and 17.3 of this agreement.

16. Dispute resolution

16.1 In the event of a dispute or to resolve technical disagreements with respect to boreal caribou recovery 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 from each jurisdiction are:

17.2 The day-to-day administration and implementation of this agreement will be carried out on behalf of Canada by the Director, Canadian Wildlife Service, Atlantic Region.

17.3 The day-to-day administration and implementation of this agreement will be carried out on behalf of Newfoundland and Labrador by the Director of Wildlife.

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 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 the 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 Associate Assistant Deputy Minister of Environment and Climate Change Canada.

_______________________________
Niall O'Dea
Associate Assistant Deputy Minister of and Climate Change Canada
Signed this___________day of _______, 2019.

 

On behalf of Her Majesty the Queen in right of the Province of Newfoundland and Labrador, as represented by the Deputy Minister of Fisheries and Land Resources.

_______________________________
Lori Anne Companion
Deputy Minister of Fisheries and Land Resources
Signed this___________day of _______, 2019.

 

On behalf of Her Majesty the Queen in right of the Province of Newfoundland and Labrador, as represented by the Deputy Minister of Intergovernmental and Indigenous Affairs.

_______________________________
Patricia A. Hearn
Deputy Minister of Intergovernmental and Indigenous Affairs
Signed this___________day of _______, 2019.

Appendix I: Short and medium term population objectives for NL boreal caribou ranges

The parties are committed to working towards the following targets:

The overarching goal is to achieve self-sustaining local populations in all boreal caribou ranges in Labrador.

Short term (five years): To change the trajectory of boreal caribou in Labrador from declining populations to stable populations in each local population.

Medium term (20 years or sooner): To move towards the overarching goal each local population should show an increasing trend over a six-year period or until the recovery goals are reached and demographic indices consistent with stable or increasing populations:

Appendix II: Conservation measures

The Parties have identified specific conservation measures for boreal caribou in Labrador based on actions identified in the recovery strategy, provincial recovery plan and federal action plan. Measures have been identified under the following three categories:

Improving knowledge:

The Parties have agreed that management decisions for caribou have to be based on good information whether it is scientific or Indigenous knowledge. In order to improve the knowledge related to boreal caribou populations, a monitoring program will be initiated that would include five surveys across southern Labrador per year, as well as maintaining collars on 85 caribou. These monitoring activities will involve representatives from Indigenous governments and communities.

To monitor the potential impacts of predators and alternate prey on boreal caribou, given the climate is changing and there is an expectation that forage for alternate prey will increase within boreal caribou habitat, the parties have agreed to implement a monitoring program for wolves and moose within the three boreal caribou ranges in Labrador.

The information from these monitoring projects may be used to support complex population and habitat analyses and may inform future actions to protect habitat.

Table 1

Actions

Deliverables
2019-2020

Deliverables
2020-2021

Deliverables
2021-2022

Deliverables
2022-2023

Implement monitoring program for boreal caribou

Annual field report.

Annual status report.

Annual field report.

Annual status report.

Annual field report.

Annual status report.

Annual field report.

Annual status report.

Input into the 2022 Report on the Progress of Recovery Strategy implementation.

Implement monitoring program for predators and alternate prey

No deliverable

No deliverable

Annual field report.

Annual status report.

Input into the Labrador moose/ game management planning.

Annual field report.

Annual status report.

Input into the Labrador moose/ game management planning.

Indigenous engagement and caribou guardianship:

The Parties have agreed that working with Indigenous governments and organizations is essential to the recovery of boreal caribou in Labrador. The Parties will work with Indigenous partners on co-management of caribou in Labrador. Partners will work together to develop a long-term caribou management plan, build community support for the elimination of unsanctioned harvest and implement a program to put Indigenous guardians in place to protect southern Labrador caribou.

Stewardship workshops, cultural exchanges and information sharing sessions will be implemented.

Table 2

Actions

Deliverables
2019-2020

Deliverables
2020-2021

Deliverables
2021-2022

Deliverables
2022-2023

Develop co-management plan framework and initiate planning process

Initial discussions between the Parties and Indigenous governments and organizations on management framework.

Begin workshop planning with Indigenous governments and organizations.

Discussions continue on management framework

Hold first workshops for cultural information exchange.

Second workshop planning.

Management planning initiated.

Second workshop held.

Draft management/ recovery plan completed.

Final boreal caribou recovery/ management established.

Long-term management process finalized.

Develop and implement guardian program

Initiate discussions on guardian program in conjunction with Indigenous Governments and organizations.

Develop and implement guardian program.

Training and mentoring with Enforcement officers.

Annual report on activities.

Training workshop.

Annual report on activities.

Training workshop.

Annual report on activities.

Training workshop.

Annual report on activities.

Review of program by the parties and Indigenous leaders.

Protection of habitat:

The province will develop a range plan for each of the three local populations of boreal caribou in Labrador. Range planning will include consultations with Indigenous governments and organizations, as well as natural resource sectors and municipalities in Labrador.

Table 3

Actions

Deliverables
2019-2020

Deliverables
2020-2021

Deliverables
2021-2022

Develop range plan.

Framework established for development of range plans.

Initiate drafting of range plans.

Annual status report.

Draft range plans completed.

Consultations initiated with interdepartmental land use committee.

Annual status report.

External consultations.

Final drafts prepared for Cabinet approval.

Cabinet approvals sought.

Pending approval release of document by March 31, 2023.

Appendix III: Existing habitat protection measures

The following provincial habitat conservation measures currently exist in Labrador:

Table 4
Measure Conservation Measure

Land Use Atlas:

The Provincial Land Use Atlas identifies the ranges of three local populations as sensitive wildlife areas.  Any land use application on crown land within these ranges triggers the requirement to refer the proposal to the Wildlife Division for comment prior to a decision being made. Conservation of boreal caribou is always considered in the approval process for these applications.

Forestry Planning:

Under The Forestry Act, the Department of Fisheries & Land Resources is legislated to have meaningful consultation with public stakeholders in the development of its five-year operating plans. The Department seeks input from Indigenous groups, members of the general public, other Provincial Government departments or agencies, the Federal Government and other local stakeholders regarding the proposed development activities. Five year plans are required for each of the eight planning zones on the island and five Forest Management Districts in Labrador and must be approved by Environmental Assessment prior to implementation.

District 19 in Labrador is within the Red Wine Mountain Range (NL2) the forestry plan is co-written and the district is co-managed with the Innu Nation. The district planning included a Protected Area Network. The reserves in the plan and the linkages between areas were established to protect the ecological and cultural character of the district which includes a heavy emphasis on caribou. The Network contains a protected areas specific to the Red Wine Mountain caribou, no harvesting is permitted under the 5 year plan in that area. It is expected the next 5 year plan will contain similar protection measures. See Appendix III of District 19 Forest management plan for further information on the Ecological Protected Area Network.

Endangered Species Act Section 19

Should an undertaking pass through any referral process and impacts to Species listed under the Endangered Species Act, including impacts to individuals, their residence or habitat, an impacts mitigation and monitoring plan is required to get a permit for the activity under Section 19 of the Act. These plans attempt to mitigate and where possible reduce habitat loss to species a risk.

Protected Areas Network in Labrador:

Conservation planning in Labrador to date has focused on a multi-party engagement process (from 2009-2013) to collect and map baseline biophysical data. This process included identification and mapping of vegetation classes and drew on simultaneous mapping of caribou habitat, particularly in southern Labrador. Informally several areas of importance to caribou (calving, winter, migration) have been identified as potential protected areas. These areas identified could be further explored should habitat protection for boreal caribou in Labrador require legal measures (habitat disturbance above 35%).

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