Woodland Caribou (Boreal population) in Saskatchewan: draft conservation agreement

Agreement for the conservation of the Woodland Caribou, Boreal population (“Woodland Caribou”) in Saskatchewan

This Agreement for the conservation of Woodland Caribou (“agreement”) is made in duplicate as of ____(date)____, pursuant to Sections 10 and 11 of the Species at Risk Act (SARA) and Section 9 of The Wildlife Act, 1998

Between
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”)

And
Her Majesty the Queen in Right of the Province of Saskatchewan,
as represented by the Minister of Environment (“Saskatchewan” “SK”)

(hereinafter the “parties”)

Preamble

Whereas the Woodland Caribou, Boreal population (hereinafter referred to as “Woodland Caribou”) is a species that has been listed as Threatened under the federal Species at Risk Act;

And whereas Saskatchewan and Canada wish to cooperate in the identification and taking of conservation measures to support recovery and protection of Woodland Caribou in Saskatchewan;

And whereas Saskatchewan 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 Saskatchewan and has the responsibility to lead conservation measures for Woodland Caribou in the province;

And whereas Saskatchewan will fulfil its duty to consult in a manner that is consistent with the First Nation and Métis Consultation Policy Framework, 2010;

And whereas Canada has legislative responsibility for wildlife species located on federal lands, and wildlife species listed on Schedule 1 of the Species at Risk Act, which includes provisions 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 the parties recognize the value of the stewardship approach to species conservation; 

And whereas the parties recognize that the role of First Nations and Métis is essential in the conservation of wildlife in the province of Saskatchewan;

And whereas the parties recognize the high level of interest of First Nations and Métis to be involved in the recovery of Woodland Caribou;

And whereas the Parties recognize that First Nations and Métis perspectives and rights were considered in the development of the agreement;

And whereas First Nations and Métis are uniquely positioned to partner in Woodland Caribou recovery with the parties;

And whereas other organizations and persons (e.g. industrial, recreational, municipal, non-governmental organizations and stakeholders) may also be positioned to be partners in Woodland Caribou recovery with the parties;

And whereas the parties recognize that the protection of the habitat of wildlife and species at risk is key to their conservation;

And whereas section 10 of the Species at Risk Act provides the competent ministers with the authority to enter into agreements with any other government of Canada, organization or wildlife management board with respect to the administration of any provision of the Act;

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, and such agreements must provide for the taking of conservation measures and any other measures consistent with the purposes of the Species at Risk Act; 

And whereas section 9 of The Wildlife Act, 1998 provides that Saskatchewan may enter into an agreement for the purpose of protecting, management and conserving wildlife and their habitats;

And whereas the parties are both signatories to the Accord for the Protection of Species at Risk (1996), and the Canada-Saskatchewan Species at Risk Bilateral Agreement (2018);

Now therefore, the parties commit to the following:

1. Definitions

“Caribou Administrative Unit” means a subdivision of the Caribou Conservation Units.

“Caribou Conservation Unit” means either the Boreal Shield (SK1) or the Boreal Plain (SK2) caribou ranges as illustrated in Appendix A.

“Indigenous peoples” has the meaning assigned by the definition of aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.

“Range” refers to the two boreal caribou ranges in Saskatchewan, denoted as SK1 and SK2 in the Recovery Strategy.

“Range plan” refers to plans that outline how range-specific land and/or resource activities will be managed over space and time to ensure that critical habitat is protected from destruction in each Caribou Administrative Unit in Saskatchewan.

“Recovery strategy” means the federal “Recovery Strategy for the Woodland Caribou (Rangifer tarandus caribou), Boreal population, in Canada” published in 2012 under the Species at Risk Act, and includes future updates to the Recovery Strategy.

“Undisturbed habitat” refers to habitat not affected by wildfire within the last 40 years nor human-caused disturbance including a buffer around human-caused disturbance as designated within the Recovery Strategy.

2. Goals and purpose

• 2.1. The overarching goal of this agreement is to achieve and maintain, in a manner consistent with the population and distribution objectives in the recovery strategy, self-sustaining populations of Woodland Caribou in Saskatchewan, by maintaining at the landscape scale the ecosystems they require, and by implementing conservation measures to achieve protection of Woodland Caribou and their habitat
• 2.2. The purposes of this agreement are to:
  • 2.2.1. set out conservation measures that will be taken by the Parties to support recovery of Woodland Caribou in Saskatchewan. These measures include landscape level planning, habitat management, mortality and population management, and population monitoring
  • 2.2.2. provide for collaboration and partnership with First Nations and Métis that have a direct interest in the recovery of Woodland Caribou
  • 2.2.3. provide for collaboration and partnership with organizations and persons (e.g.  industrial, recreational, municipal, non-governmental organizations and stakeholders) that have a direct interest in the recovery of Woodland Caribou
  • 2.2.4. facilitate the integration of new information into updated recovery and planning documents; and
  • 2.2.5. coordinate engagement, education and communications; range planning; recovery planning; science and research; information sharing; monitoring and reporting efforts between parties

3. Principles

• 3.1. Collaboration: the parties will work together to achieve a common understanding of conservation measures needed to achieve Woodland Caribou recovery and will cooperate in the development and implementation of these conservation measures in a manner that minimizes duplication, maximizes efficiency and respects jurisdictional roles and responsibilities
• 3.2. Results focus: the parties will work toward maintaining self-sustaining populations within caribou administrative units or caribou conservation units, 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 conservation measures in achieving that result
• 3.3. Use of best available information: the parties will make use of the best available scientific information, and Indigenous knowledge, and will make reasonable efforts to obtain this information and access this knowledge
• 3.4. Adaptive management: the parties recognize that monitoring the effects of actions and adjusting approaches as necessary will be critical to success, as recovery is an emerging discipline
• 3.5. Transparency: the Parties will make information related to implementation of conservation measures covered by this Agreement publicly available in accordance with their respective legislation
• 3.6. First Nations and Métis engagement: the parties will continue to collaborate and engage with First Nations and Métis on all aspects of Woodland Caribou recovery in Saskatchewan, including the development and implementation of conservation measures pursuant to this agreement outside the duty to consult process
• 3.7. First Nations and Métis partnerships: the parties will seek out opportunities to partner with directly affected First Nations and Métis in the development and implementation of conservation measures
• 3.8. Stakeholder engagement: the parties will continue to seek opportunities for engagement with stakeholders as collaborators in Woodland Caribou recovery, including implementation of range plan(s) and conservation measures in or under this Agreement

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, 1998 or any other federal or provincial legislation
• 4.3. Neither party relinquishes or acquires any jurisdiction, right, power, privilege, prerogative or immunity by virtue of this agreement
• 4.4. There are differences between range boundaries in the recovery strategy (SK1 and SK2) and caribou conservation unit boundaries used for planning purposes by Saskatchewan (Boreal Shield and Boreal Plain conservation units).  For the purposes of this Agreement, a reference to the Boreal Shield Caribou Conservation Unit is considered to be a reference to SK1, and vice versa; and a reference to the Boreal Plain Caribou Conservation Unit is considered to be a reference to SK2, and vice versa

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

• 5.1. The parties will:
  • 5.1.1. cooperate in the development, amendment and implementation of recovery strategies, action plans, management plans, range plans and similar documents related to the recovery of Woodland Caribou. This cooperation will include:
    • 5.1.1.1. keeping the other party informed of the timing of the preparation of recovery strategies, action plans, range plans, and other recovery, planning and implementation documents related to the recovery of Woodland Caribou
    • 5.1.1.2. seeking to cooperate on timing of document preparation to coordinate processes and seek efficiencies
    • 5.1.1.3. sharing information for the preparation of plans; and
    • 5.1.1.4. when planning and implementing conservation measures for Woodland Caribou, continue to look for associated benefits and to minimize any potential adverse impacts to other species and to take those into consideration

6. First nation and Métis community engagement and collaboration

• 6.1. The parties commit to collaboration with interested and directly affected First Nations and Métis regarding Woodland Caribou recovery
• 6.2. The parties commit to:
  • 6.2.1. collaborating on the development, implementation and monitoring of conservation measures under this Agreement
  • 6.2.2. incorporating Indigenous knowledge shared with the parties in Woodland Caribou assessment, protection and recovery efforts
  • 6.2.3. collaborating to create or enhance opportunities and capacity for participation in Woodland Caribou recovery planning and implementation
  • 6.2.4. seeking out partnership arrangements^{Footnote 1}  to support recovery of Woodland Caribou pursuant to this Agreement; and
  • 6.2.5. as the lead in implementing conservation measures for Woodland Caribou, Saskatchewan will lead engagement with directly affected First Nations and Métis, with support from Canada
• 6.3. The Parties may arrange discussions with directly affected First Nations and Métis to review implementation progress and to collaborate in the development of future measures from time to time

7. Stakeholder engagement

• 7.1. The Parties commit to:
  • 7.1.1. ensuring that stakeholders such as local governments, non-governmental organizations, private landowners, tenure holders, industry representatives, and industry associations are informed of this Agreement. Saskatchewan will lead engagement with the applicable stakeholders on the implementation of this Agreement with support and involvement of Canada
  • 7.1.2. seeking partnership arrangements1 with organizations and persons (e.g. industrial, recreational, municipal, non-governmental organizations and stakeholders) to support recovery of Woodland Caribou pursuant to this Agreement; and
  • 7.1.3. considering local knowledge shared with the parties on Woodland Caribou assessment, protection and recovery efforts

8. Recovery measures for Woodland Caribou

• 8.1. The parties acknowledge that:
  • 8.1.1. recovery will require a landscape-level approach over many years, and adaptive management will be required to ensure that conservation measures undertaken through this Agreement are monitored and, as necessary, improved and adapted to incorporate new information or changed circumstances
  • 8.1.2. determining the appropriate mix of conservation measures is a multifaceted and complex undertaking that requires individual and collective analysis of biological, jurisdictional, social, economic, natural resource related tenures, and the rights and interests of First Nations and Métis communities
  • 8.1.3. Woodland Caribou recovery will require measures that integrate considerations for Woodland Caribou recovery (for example habitat restoration or protection) into land use and resource development decision-making
  • 8.1.4. Woodland Caribou recovery requires both short and long term actions to protect and restore habitat, increase Woodland Caribou recruitment, manage caribou mortality
  • 8.1.5. some factors that directly influence Woodland Caribou recovery are outside the control of the Parties, including the effects of climate change, fire, or other naturally occurring events
  • 8.1.6. additional studies will help inform measures required to achieve caribou recovery including spatial information; however, the parties agree that immediate action must be taken now, while best available information continues to develop
  • 8.1.7. some improvements in protection of Woodland Caribou and their habitat can be addressed through changes in current decision-making considerations while others may require legislative or regulatory change, which is subject to provincial legislative and regulatory processes and timeframes (including engagement and the duty to consult)
  • 8.1.8. for planning purposes, the Boreal Plain Caribou Conservation Unit is subdivided into three Caribou Administrative Units (Central, West and East).  The Boreal Shield Caribou Conservation Unit may also be subdivided into smaller caribou administrative units; and
  • 8.1.9. range plans will be developed for each caribou administrative unit in Saskatchewan
• 8.2. To support the achievement of population and habitat goals set out in sections 8.3 and 8.4, the Parties will:
  • 8.2.1. finalize range plans, consistent with Canada’s range planning guidance, developed through planning tables comprised of First Nations, Métis, industry, non-government organizations, municipalities and other stakeholders for all caribou administrative units by spring 2021
  • 8.2.2. finalize and implement the boreal habitat mitigation and offset protocols on activities affecting Woodland Caribou habitat in 2020
  • 8.2.3. investigate and initiate habitat restoration programs and opportunities to collaborate with partners to implement restoration beginning in 2018
  • 8.2.4. enhance alignment between existing provincial policies, regulations and legislation and provincial range plans and engage in and contribute to legislative and regulatory review when legislation relevant to Woodland Caribou comes open for revision
  • 8.2.5. initiate the designation of additional boreal caribou range in Saskatchewan as protected areas, conservation areas, Indigenous conservation areas, or other effective conservation measures by 2019

• 8.3. The parties agree to a long-term goal to achieve and maintain self-sustaining populations in all caribou administrative units in Saskatchewan, consistent with the objectives for Woodland Caribou set out in the Recovery Strategy. The parties acknowledge the following targets will guide the application and evaluation of recovery measures over the short, medium, and long term; these targets will be reviewed, and possibly revised following planning processes
  • 8.3.1. In the short term (five years):
    • 8.3.1.1. establish a population size and trend estimate for the Boreal Shield Conservation Unit by 2018
    • 8.3.1.2. establish a population size estimate for the SK2 Central Administrative Unit by 2019 and for SK2 West Administrative Unit and SK2 East Administrative Unit by 2021
    • 8.3.1.3. establish a population trend estimate for the SK2 Central Administrative Unit by 2020, West and East Administrative Units by 2023; and
    • 8.3.1.4. identify how a stable or positive trend can be achieved or maintained for each caribou administrative unit by 2023
  • 8.3.2. In the medium term (40 years), achieve self-sustaining status in all caribou administrative units
  • 8.3.3. In the long term (80 years), maintain self-sustaining populations that contribute to sustenance needs in accordance with Treaty and Aboriginal rights to hunt
  • 8.3.4. These short, medium and long term targets rely on continued progress on habitat protection and restoration, and presume minimal future impact on Woodland Caribou recovery from unknown or unanticipated factors such as climate change. If those assumptions prove to be invalid, then these targets may need to be revised.  The parties have the greatest degree of confidence in the ability to meet the short-term target
• 8.4. The parties agree to a long-term goal to achieve and maintain levels of undisturbed habitat that reflect critical habitat identification for each caribou conservation unit in Saskatchewan, consistent with the objectives for Woodland Caribou set out in the recovery strategy. The parties acknowledge the following targets will guide the application and evaluation of conservation measures over the short, medium, and long term; these targets will be reviewed, and possibly revised following planning processes
  • 8.4.1. In the short term (five years), complete a restoration prioritization exercise and begin restoration
  • 8.4.2. In 10 years, increase the amount of rehabilitated habitat (i.e., treated to put it on a path towards becoming undisturbed habitat) to support the habitat objectives identified in the range plans
  • 8.4.3. In the medium term (40 years), increase the amount of undisturbed habitat from current levels to levels that would support the medium term population objective in 8.3.2.
  • 8.4.4. In the long term (80 years), achieve undisturbed habitat levels consistent with critical habitat thresholds as identified in the recovery strategy and that includes biophysical attributes
    • 8.4.4.1. For the Boreal Plain Caribou Conservation Unit (SK2), achieve 65 per cent undisturbed habitat that includes biophysical attributes
    • 8.4.4.2. For the Boreal Shield Caribou Conservation Unit (SK1), the Parties will consider if the evidence supports a different threshold of undisturbed habitat.  If the evidence is validated, this threshold may be included as a proposed amendment to the recovery strategy.  The level of undisturbed habitat to be achieved will be consistent with the critical habitat threshold identified in the Recovery Strategy
• 8.5. In the development of the conservation measures referred to in section 8.6 below and set out in Appendix B Tables A through D to this agreement, the parties will be guided by the best available information, including information derived from the following sources:
  • 8.5.1. Saskatchewan’s range plans; and
  • 8.5.2. Federal recovery documents, including the Recovery Strategy
• 8.6. To achieve the targets in sections 8.2, 8.3 and 8.4, the parties will implement conservation measures set out in Appendix B Tables A through D over the term of this agreement:
  • 8.6.1. table A Landscape level planning
  • 8.6.2. table B Habitat management
  • 8.6.3. table C Mortality and population management; and
  • 8.6.4. table D Population monitoring
• 8.7. Results for each conservation measure will be used to inform the modification or direction for conservation measures in subsequent years set out in Appendix B Tables A through D

9. Governance

• 9.1. Officials referred to in sections 16.2 and 16.3 will undertake the day to day administration and implementation of this agreement
• 9.2. Officials may convene from time to time to facilitate the day to day administration and implementation of this agreement
• 9.3. Officials may seek the views of directly affected First Nations and Métis

10. Information sharing

• 10.1. Each party agrees, subject to any applicable data sharing arrangements and legislative provisions that would prevent them from doing so, to provide the other party access at no charge to available data and information relevant to the implementation of this agreement including:
  • 10.1.1. information on the status, conservation, and recovery of Woodland Caribou, including habitat protection, restoration and other conservation measures; and
  • 10.1.2. information pertaining to draft or proposed critical habitat
• 10.2. Some data and information may require confidentiality, or may have been obtained with an understanding of confidentiality, in order to protect species at risk from exploitation or harm. Data and information so identified by a Party, or a collaborator in programs and activities related to this agreement, will be held confidential by the Parties to the extent permitted by their respective legislation and related policies, procedures and agreements

11. Financial arrangements and support

• 11.1. Recognizing the significant financial investments required to support Woodland Caribou recovery, the Parties will work together to identify needs, priorities and funding opportunities to implement conservation measures to achieve the recovery outcomes identified in this agreement
• 11.2. The Parties recognize that implementation of this agreement is subject to their respective appropriations, priorities and budgetary constraints

12. Monitoring and reporting

• 12.1. The Parties agree to convene annually to review and document the status of recovery efforts
• 12.2. The conservation measures set out in Appendix B Tables A through D will have milestones identified annually which will form the subject of reporting
• 12.3. An annual report summarizing the results and status of conservation measures will be prepared
• 12.4. A comprehensive report, summarizing the results and status of conservation measures over multiple years, will be prepared in years when Canada is preparing the report referred to in section 46 of the Species at Risk Act
• 12.5. The annual and comprehensive reports will be used to inform reporting requirements under sections 46 and 63 and paragraph 126(c) of Species at Risk Act
• 12.6. The annual and comprehensive reports will address, in general terms:
  • 12.6.1. progress against commitments made by the parties under this agreement
  • 12.6.2. steps taken to protect the critical habitat of Woodland Caribou that is not yet protected
  • 12.6.3. progress towards achieving identified milestones
  • 12.6.4. population and habitat monitoring results
  • 12.6.5. the effectiveness of conservation measures outlined in Tables A through D with respect to achieving the recovery objectives
  • 12.6.6. research findings; and
  • 12.6.7. unforeseen circumstances or stochastic events (e.g., fire, wildlife disease, forest health issues) that might impact conservation measures
• 12.7. Based on the review outlined in section 12.1, the parties will evaluate the actions and propose any additional commitments or modifications to commitments which may be required to increase the likelihood of achieving the recovery targets and goals described in this agreement or otherwise expedite the recovery of Woodland Caribou
• 12.8. The comprehensive report will be used to inform discussions on renewal of this agreement

13. Agreement duration, termination and renewal

• 13.1. The agreement takes effect on the date of the last signature affixed to this agreement (“Effective date”). It will remain in force until December 31, 2023, unless terminated earlier by one of the Parties or the Parties mutually agree to terminate it
• 13.2. 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
• 13.3. 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
• 13.4. The Parties may enter into parallel agreements relating to this agreement, including agreements with directly affected First Nations and Métis. Any such agreement will, unless otherwise agreed to in writing, expire on the date of expiry of the present agreement

14. Amendment

• 14.1. This Agreement may be amended from time to time with the written mutual consent of the parties
• 14.2. In particular, Tables A through D may be amended in writing from time to time, as required, and automatically incorporated into this agreement, as amended, by the mutual written consent of the representatives identified pursuant to subsection 16.1 of this agreement

15. Dispute resolution

• 15.1. In the event of a dispute or to resolve technical disagreements with respect to Woodland Caribou recovery between the parties arising out of this agreement, the parties will use the following procedure to resolve the dispute:
  • 15.1.1. the Director, Canadian Wildlife Service, Prairie Region and the Executive Director of Fish, Wildlife and Lands Branch, Saskatchewan Ministry of Environment will be the first point of resolution for disputes arising from Woodland Caribou activities and programming contemplated in this agreement; and
  • 15.1.2. disputes which cannot be resolved by the Directors referred to in 15.1.1 will be referred to the Representatives as referred to in section 16.1.

16. Designation for implementation of this agreement

• 16.1. For the purposes of this agreement, the Representatives from each jurisdiction are:
  • 16.1.1. Saskatchewan – the Assistant Deputy Minister of Resource Management and Compliance Division, Ministry of Environment; and
  • 16.1.2. Canada – the Assistant Deputy Minister of the Canadian Wildlife Service, Environment and Climate Change Canada
• 16.2. The day to day administration and implementation of this agreement will be carried out on behalf of Canada by officials of the Assistant Deputy Minister of the Canadian Wildlife Service, Environment and Climate Change Canada
• 16.3. The day to day administration and implementation of this Agreement will be carried out on behalf of Saskatchewan by officials of the Assistant Deputy Minister of Resource Management and Compliance Division, Ministry of Environment

17. Counterparts

• 17.1. 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

18. Signatures

In witness whereof, the Parties have executed this agreement.

On behalf of Her Majesty the Queen in Right of Canada, as represented by [Insert Title], Canadian Wildlife Service.

___________________________________
[Insert Title], Ministry of the Environment and Climate Change
Signed this ___________ day of _____________, 20__.

On behalf of Her Majesty the Queen in right of the Province of Saskatchewan, as represented by [Insert Title].

__________________________________
[Insert Title], Ministry of Environment
Signed this ___________ day of _____________, 20__.

Appendix A

Appendix B