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

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:

• coordinate planning efforts between the Parties, which includes facilitating the integration of new information into updated federal and provincial recovery documents
• support collaboration and partnerships with Indigenous governments and organizations that have a direct interest in the recovery of boreal caribou; and
• identify conservation measures that will be taken by the Parties to support the recovery of boreal caribou in Newfoundland and Labrador, which includes commitments to:
  • address the threats associated with the unsanctioned harvest of boreal caribou, and
  • protect and manage habitat

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 The Minister of the Environment, responsible for the Department of Environment and Climate Change Canada, enters into this agreement 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:

• 5.1.1 keeping the other Party informed of the timing of the preparation of updates to recovery strategies, recovery plans, action plans, management plans, and similar documents related to the recovery of boreal caribou, and seeking to coordinate timelines and processes to maximize efficiencies
• 5.1.2 providing the other Party with an opportunity to share information that would assist in the preparation of the documents listed in section 5.1.1 and reviewing and commenting on drafts of such documents. Specifically, Canada will engage NL on amendments to the federally published recovery strategy and action plan, and NL will engage Canada on updates to its Recovery Plan
• 5.1.3 as existing data is analyzed and new data is collected by both parties, agreeing to review and update where needed the range boundaries in federal and provincial documents; and
• 5.1.4 taking an approach that considers other Labrador caribou populations in the development and implementation of these plans

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:

• 6.1.1 develop, implement and monitor conservation measures under this agreement
• 6.1.2 incorporate Indigenous traditional knowledge into decisions related to the recovery and protection of boreal caribou and into related planning documents
• 6.1.3 create or enhance opportunities and capacity for their participation in caribou recovery planning and implementation; and
• 6.1.4 make use of new and existing working groups and mechanisms to oversee the implementation of this agreement and to facilitate knowledge exchange, reviewing implementation progress and development of future measures

7. Stakeholder engagement

7.1 The Parties commit to:

• 7.1.1 informing stakeholders, such as local governments, non-governmental organizations, private landowners, tenure holders, industry representatives and industry associations about this agreement; and
• 7.1.2 Newfoundland and Labrador will lead engagement with stakeholders on the implementation of this agreement with the support and involvement of Canada

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. As such, Indigenous engagement is the priority action for the recovery of boreal caribou in Labrador.

8.3 The Parties acknowledge that:

• 8.3.1 caribou recovery requires on-the-ground conservation measures both immediately and over the long term to increase caribou recruitment and manage caribou mortality; and
• 8.3.2 determining the appropriate conservation measures is a multifaceted and complex undertaking that requires consideration of Indigenous perspectives, biological data, jurisdictional legislation and policies, social values, economic values, and natural resource related tenures

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:

• 8.4.1 Newfoundland and Labrador’s recovery plan and other caribou-related plans, including updates, and other available information; and
• 8.4.2 federal recovery documents, including the recovery strategy and action plan, including updates

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:

• 9.1.1 adequate undisturbed habitat with appropriate biophysical attributes required by boreal caribou to carry out life processes is necessary for recovery efforts. Critical habitat as defined in the Recovery Strategy has a lower likelihood of destruction if the following can be maintained:
  • 9.1.1.1 65% of habitat in local population ranges is undisturbed
  • 9.1.1.2 biophysical attributes required by boreal caribou to carry out life processes are preserved and unaltered
  • 9.1.1.3 connectivity within ranges is maintained; and
  • 9.1.1.4 anthropogenic driven changes to predator/alternate prey access to undisturbed areas are prevented
• 9.1.2 Caribou recovery requires measures that integrate considerations for caribou recovery (for example habitat protection) into land use and resource development decision-making; and
• 9.1.3 Provincial habitat conservation measures exist (outlined in Appendix III)

9.2 Accordingly, the Parties make the following commitments:

• 9.2.1 Newfoundland and Labrador will incorporate the 65/35 disturbance management thresholds into provincial processes and regulations such as future Forest District Management Plans and mitigation plans
• 9.2.2 Newfoundland and Labrador will develop range plans, however, the Parties acknowledge that Newfoundland and Labrador currently does not have the financial and human resources to range plan and will require financial support from Environment and Climate Change Canada (see section 12)
  • 9.2.2.1 the Parties acknowledge that planning and analysis will be required to ensure full consideration of existing tenure rights (and any limits on those tenure rights) to achieve the necessary habitat protection in a timely and cost-effective manner over time
  • 9.2.2.2 the Parties acknowledge that there are factors that directly influence caribou undisturbed habitat which are outside the control of the Parties, including the effects of fire and other naturally occurring events
• 9.2.3 Newfoundland and Labrador commits as part of the range planning process, to manage habitat with the objective of minimizing human disturbance within caribou ranges.  Range plans will provide guidance to preserve undisturbed habitat at levels that exceed the 65 per cent outlined in the 2012 Recovery Strategy
• 9.2.4 if habitat disturbance in a local population range approaches the 35% threshold, Newfoundland and Labrador will consider using the Endangered Species Act s.28 and identify habitat critical to the survival of boreal caribou in Labrador, by order protecting the critical habitat
• 9.2.5 Environment and Climate Change Canada commits to liaise with other federal government departments and agencies to undertake appropriate planning and habitat protection for caribou on federal lands (e.g. Parks Canada Agency, Crown-Indigenous Relations and Northern Affairs Canada, Indigenous Services Canada, Department of National Defence)

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:

• information on the status, conservation, and recovery of boreal caribou, including habitat protection measures, and other recovery measures; and
• information pertaining to draft or proposed critical habitat in the area covered by this agreement

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 in order to protect species at risk from exploitation or harm. Data and information so identified by a Party, or a collaborator conducting activities related to this agreement, will be held confidential by the Parties unless required to be disclosed under their respective legislation and related policies, procedures, and agreements.

11.3 Data collected or information available prior to the signing of this agreement may be made available 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:

• information being shared for the purpose of stewardship and enforcement activities under this agreement or subsequent agreements
• information on the status, conservation, and recovery of boreal caribou, including habitat protection measures, and other recovery measures; and
• information pertaining to draft or proposed critical habitat in the area covered by this agreement

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 details of which 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:

• 16.1.1 the Director, Canadian Wildlife Service, Atlantic Region and the Director of Wildlife, Newfoundland and Labrador Department of Fisheries and Land Resources will be the first point of resolution for disputes arising from woodland caribou activities and programming contemplated in this agreement; and
• 16.1.2 disputes which cannot be resolved by the Directors referred to in 16.1.1 will be referred to the Representatives referred to in section 17.1

17. Designation for implementation of this agreement

17.1 For the purposes of this agreement, the Representatives from each jurisdiction are:

• Newfoundland and Labrador – the Assistant Deputy Minister Forestry and Wildlife Branch, Department of Fisheries and Land Resources; and
• Canada – the Assistant Deputy Minister of the Canadian Wildlife Service, Environment and Climate Change Canada

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 _______, 2018.

 

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 _______, 2018.

 

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 _______, 2018.

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:

• the ratio of annual recruitment versus total mortality is equal to or greater than 1.06
• annual adult female survival should average greater than 0.90
• late winter calf composition of the population should be > 20%; and
• range density of caribou above 0.03 caribou/km², such a density is estimated to translate to the following minimum population objectives Lac Joseph (NL1) 1800, Red Wine Mountain 300 (NL2), and Mealy Mountain at 1660 (NL3), individuals respectively. As boreal caribou recover, further sub-structuring may become more apparent and the indicators of recovery across the landscape will be re-evaluated

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
• indigenous engagement and caribou guardianship; and
• protection of habitat

Improving knowledge:

The Parties have agreed that management decisions for caribou have to be based on good information whether it is scientific or traditional ecological 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.

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.

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.

Appendix III: Existing habitat protection measures

The following provincial habitat conservation measures currently exist in Labrador: