Sand-verbena Moth (Copablepharon fuscum): legal protection statement for critical habitat

Legal Protection Statement for the Critical Habitat of Sand-verbena Moth (Copablepharon fuscum) in Pacific Rim National Park Reserve of Canada

This statement describes how the critical habitat of Sand-verbena Moth (Copablepharon fuscum) is legally protected on federal land and water within Pacific Rim National Park Reserve of Canada. It is made by the Minister responsible for the Parks Canada Agency pursuant to paragraph 58(5)(b) of the Species at Risk Act, Statutes of Canada (S.C.) 2002, c. 29 (SARA). All sections referenced in this statement are reproduced in full in the attached Appendix I.

The critical habitat of the Sand-verbena Moth was identified in the Multi-species Action Plan for Pacific Rim National Park Reserve of Canada, as posted on the Species at Risk Public Registry in August, 2017. The action plan and the Recovery Strategy for the Sand-verbena Moth (Copablepharon fuscum) in Canada should be consulted for a detailed description of biological characteristics of this species, critical habitat, and examples of activities likely to result in the destruction of critical habitat.

Pacific Rim National Park Reserve of Canada is a national park reserve listed on Schedule 2 to the Canada National Parks Act (CNPA), S.C. 2000, c. 32, which applies to park reserves (sections 2(1) and 39). Pursuant to subsection 6(4) of the Parks Canada Agency Act, S.C. 1998, c. 31, the Parks Canada Agency is responsible for the administration and enforcement of the CNPA.

The CNPA provides legal protection against the destruction of critical habitat for Sand-verbena Moth through the following provisions:

The protection measures listed above provide protection against destruction of critical habitat that may result from the activities likely to destroy as described in section 5.3 of the recovery strategy and section 4.1.3 of the action plan.

Appendix I

Parks Canada Agency Act, S.C. 1988, c. 31

Section 6. (4) The Agency is responsible for the administration and enforcement of the Acts listed in Part 1 of the schedule and any regulations made under those Acts and the regulations listed in Part 2 of the schedule.

Canada National Parks Act, S.C. 2000, c. 32

Section 2. (1) The definitions in this subsection apply in this Act.

“park reserve”

means a national park reserve of Canada named and described in Schedule 2.

“ecological integrity”

means “... a condition that is determined to be characteristic of its natural region and likely to persist, including abiotic components and the composition and abundance of native species and biological communities, rates of change and supporting processes”

Section 8. (2) Maintenance or restoration of ecological integrity, through the protection of natural resources and natural processes, shall be the first priority when considering all aspects of the management of parks.

Section 39. Subject to sections 40 and 41, this Act applies to a park reserve as if it were a park.

National Parks General Regulations, SOR/78-213

Section 10. No person shall remove, deface, damage or destroy any flora or natural objects in a Park except in accordance with a permit issued under subsection 11(1) or 12(1).

Section 17. No person shall obstruct or divert, by means of a pipe or otherwise, any watercourse, except as authorized by a permit issued by a superintendent.

Section 28. No person shall deposit any snow, leaves, rubbish or any matter of an offensive nature in a Park except in such places, at such times and under such conditions as the superintendent specifies.

National Parks Highway Traffic Regulations, C.R.C., c. 1126

Section 3. (1) Subject to subsection (2), no person shall operate a motor vehicle within a park except on a highway.
(2) The superintendent may issue a permit for a specified period authorizing a person to operate the motor vehicle described in the permit on a specified trail or in a specified place or area in a park.

Section 41. (1) No person shall operate an over-snow vehicle in a park unless

1. he has the written permission of the superintendent
2. the over-snow vehicle is licensed, registered and equipped as required by the laws of the province in which the park is situated
3. he operates it in accordance with such conditions and in such areas as the superintendent may specify; and
4. that person and any passenger on the over-snow vehicle are wearing the equipment required to operate the over-snow vehicle by the laws of the province in which the park is situated.

(2) No person shall operate an all-terrain vehicle in a park except for purposes of administration of the park and with the permission of the superintendent.

National Parks of Canada Camping Regulations, SOR/80-127

National Parks of Canada Garbage Regulations, SOR/80-127

Section 8. No person shall discard or dispose of or deposit garbage anywhere in a park except in such places and at such times and under such conditions as the superintendent may authorize.

National Parks of Canada Water and Sewer Regulations, C.R.C., c. 1134

Section 5. No person, other than the superintendent, a municipal water system operator or a fire department officer authorized by the superintendent, and in the exercise of their functions, shall manipulate a hydrant, valve, stop-cock, pipe, water meter or other portion of a water system in a park.

National Parks Wildlife Regulations, SOR/81-401

Species at Risk Act, S.C. 2002, c. 29

Section 58. (5) Within 180 days after the recovery strategy or action plan that identified the critical habitat is included in the public registry, the competent minister must, after consultation with every other competent minister, with respect to all of the critical habitat or any portion of the critical habitat that is not in a place referred to in subsection (2),
(a) make the order referred to in subsection (4) if the critical habitat or any portion of the critical habitat is not legally protected by provisions in, or measures under, this or any other Act of Parliament, including agreements under section 11; or
(b) if the competent minister does not make the order, he or she must include in the public registry a statement setting out how the critical habitat or portions of it, as the case may be, are legally protected.