Sharp-tailed Snake (Contia tenuis) in Gulf Islands National Park Reserve of Canada: legal protection statement for critical habitat

Official title: Legal Protection Statement for the Critical Habitat of Sharp-tailed Snake (Contia tenuis) in Gulf Islands National Park Reserve of Canada

This statement describes how the critical habitat of the Sharp-tailed Snake (Contia tenuis) is legally protected on federal land and water within Gulf Islands 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 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 Sharp-tailed Snake was identified in the Recovery Strategy for the Sharp-tailed Snake in Canada, as posted on the Species at Risk Public Registry. The recovery strategy 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.

Gulf Islands 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, 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 the Sharp-tailed Snake through the following provisions:

• s. 8(2) of the CNPA states that 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
• s. 2(1) of the CNPA defines "ecological integrity" as "... 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", which therefore includes species at risk, and their habitat
• s.7 of the National Parks General Regulations, SOR/79-213, restricts or prohibits uses or entry and travel in designated areas of the park
• s. 10 of the National Parks General Regulations, /78-213, prohibits removing, defacing, damaging, or destruction of any flora or natural objects except in accordance with a permit issued under the General Regulations and within the confines of s. 8(2) of the CNPA. As required by SARA s. 74, permits issued under s. 10 of the General Regulations must comply with the pre-conditions of SARA s. 73 for any activity that may contravene SARA ss. 32, 33, and 58
• s. 17 of the National Parks General Regulations, /78-213, prohibits a person from obstructing or diverting any watercourse unless authorized by a permit issued by a superintendent
• s. 32(1) of the National Parks General Regulations, /78-213, prohibits excessive noise and the carrying out of any actions that unreasonably interferes with fauna or the natural beauty of a park
• s. 3 of the National Parks Highway Traffic Regulations, C.R.C., c. 1126, prohibits the operation of a motor vehicle within a park except on a highway except in accordance with a permit for a specified period and area
• s. 41 of the National Parks Highway Traffic Regulations, C.R.C., c. 1126, prohibits the operation of an all-terrain-vehicle within a park except for purposes of park administration and with the permission of the superintendent
• s. 3(1) of the National Park Camping Regulations, /80-127, prohibits the use, occupancy, residing or camping on public lands in a Park or park any vehicle on such land for the purpose of camping unless a permit is obtained
• s. 8 National Parks Garbage Regulations, /80-217, prohibits discarding or disposing of or depositing garbage anywhere in a park except in places and in times under conditions authorized by the superintendent
• s. 4(1) of the National Parks Wildlife Regulations, /81-401, prohibits the disturbance or destruction of a nest, lair, den or beaver house or dam in a park

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 2.3 of Part 1 of the recovery strategy of the Sharp-tailed Snake (Contia tenuis) in Canada.

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, /78-213

Section 7. (1) The superintendent may, where it is necessary for the proper management of the Park to do so, designate certain activities, uses or entry and travel in areas in a Park as restricted or prohibited.

(2) notice of a restriction or prohibition referred to in subsection (1) shall be posted by the superintendent at park warden offices and information bureaus in the Park or at entrances to the Park.

(3) a notice posted in accordance with subsection (2) shall include

• a description of the activity or use to which the restriction or prohibition applies
• the extent of restriction, where an activity or use is being restricted
• a description of the area to which the restriction or prohibition of entry or travel in that area applies; and
• a map of the area in which the restriction or prohibition, applies, where that area is not the total area of the Park

(4) No person shall engage in an activity or use or enter and travel in an area that has been designated as restricted or prohibited pursuant to subsection (1) otherwise than in accordance with the terms and conditions prescribed in a permit issued under subsection (5).

(5) the superintendent may, on application to him by any person, in respect of any activity or use restricted or prohibited pursuant to subsection (1) or any entry and travel in an area that has been restricted or prohibited, pursuant to that subsection, issue to that person a permit to

• engage in that activity or use, or
• enter and travel in that area on such terms and conditions as the superintendent may prescribe in the permit

(6) the superintendent may, if it is necessary for the preservation, control and management of the Park, suspend or revoke a permit issued under subsection (5).

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 32. (1) No person shall, in a Park,

• (a) Cause any excessive noise
• (c) Carry out any action that unreasonably interferes with fauna or the natural beauty of the Park

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

• he has the written permission of the superintendent
• the over-snow vehicle is licensed, registered and equipped as required by the laws of the province in which the park is situated
• he operates it in accordance with such conditions and in such areas as the superintendent may specify; and
• 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, /80-127

Section 3. (1) No person shall use or occupy or reside or camp on any public land in a Park or park any vehicle on such land for the purpose of camping unless he is

• The holder of a valid camping permit authorizing him to use that land for that purpose; or
• A member of a group in respect of which a camping permit has been issued and is still valid

National Parks of Canada Garbage Regulations, /80-217

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 Wildlife Regulations, /81-401

Section 4. (1) Except as otherwise provided in these Regulations, no person shall

• (a) Hunt, disturb, hold in captivity or destroy any wildlife within, or remove any wildlife from, a park
• (b) In La Mauricie National Park, Georgian Bay Islands National Park, St. Lawrence Islands National Park or the Mingan Archipelago National Park Reserve, have in the person's possession any wildlife
• (c) in any park other than a park referred to in paragraph (b), or outside a park, be in possession of any wildlife killed or procured within a park, unless the wildlife is in that person's possession in accordance with subsection (4)
• (e) disturb or destroy a nest, lair, den or beaver house or dam in a park
• (f) touch or feed wildlife in a park or entice wildlife that is in a park to approach by holding out or setting out decoys or any such devices, foodstuffs or bait of any kind; or
• (g) release any exotic wildlife within a park

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),

• 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
• 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