Two Proposed Agreements for B.C. Southern Mountain Caribou

June 1, 2019

Wild Lands Advocate article by: Carolyn Campbell, AWA Conservation Specialist

As noted in a later update, no Alberta-Canada woodland caribou conservation agreements have been agreed to. However, Albertans should know about two draft agreements out of B.C. released in March 2019 for public consultation, as well as the ensuing discussions they have generated. The agreements relate to southern mountain woodland caribou, whose home ranges in B.C. connect to mountain caribou ranges in west central Alberta, including those of the Narraway, Redrock Prairie Creek, Jasper, and A La Peche populations.

Scientific advisors to the federal government assessed southern mountain caribou as Endangered in 2014. In May 2019, Environment and Climate Change Canada (ECCC) announced that Minister McKenna had determined there was an imminent threat to the recovery of southern mountain caribou. This finding obliges the minister under the Species at Risk Act(SARA) to recommend to the federal cabinet an emergency protection order for these ranges. The federal government has so far emphasized conservation agreements rather than habitat protection orders to take long-overdue actions to maintain and restore caribou critical habitat.

One draft agreement is a bilateral B.C.-Canada draft agreement covering all B.C. southern mountain populations. The second is the draft Intergovernmental Partnership Agreement between two northeast B.C. First Nations – Saulteau First Nations and West Moberly First Nations – Canada, and B.C.. It covers the ‘Central Group’ of southern mountain caribou. Both agreements were released in late March, with public consultation periods extended to the end of May.

B.C.-Canada bilateral agreement

Unfortunately, the B.C.-Canada bilateral agreement as drafted is an unenforceable ‘plan to plan.’ It doesn’t offer a single interim measure to stop further habitat deterioration. B.C. and Canada espouse that “immediate action must be taken with the best available information.” The thrust of the agreement outlines intentions for future actions that are vulnerable to more back-sliding. Endangered mountain caribou deserve much better by this point.

B.C. and Canada state they will take “Conservation and Recovery Measures” with the long-term goal to reach self-sustaining populations. Intentions are outlined, but they appear fragile. B.C. commits to “incrementally increase Southern Mountain Caribou Habitat over the course of this Agreement via a range of measures including restoration, incremental habitat protection, and habitat offsetting.” B.C. also promises to finalize the Provincial Caribou Recovery Plan in summer 2019 andto complete Southern Mountain Herd plans within two years ofthe agreement. Canada will provide funding to support the Measures as well as support Indigenous communities to participate in developing and implementing the Measures. There are no backstop actions outlined if these intentions fail.

Other than items from the four-party Partnership Agreement, which will be discussed in more detail below, the only specifics in the bilateral agreement for protecting more current intact habitat is for an 80 km²South Selkirk area project by Nature Conservancy of Canada. This is a laudable initiative, but standing alone it’s not nearly enough from B.C. given the dire situation facing mountain caribou. Vital protection measures such as deferring new disturbance and new tenures are nowhere to be found. By now such deferrals should be built into ‘plans to plan.’ They are needed to motivate timely completion of collaborative range-specific plans outlining how minimum habitat disturbance thresholds will be met. In this agreement, there is no end to recreational hunting or recreational disturbance. There are, however, plenty of wildlife manipulation actions such as wolf culls and maternity penning. In AWA’s opinion these actions cannot possibly be justified unless accompanied by strong measures to address the critical habitat declines that are driving predation.

There are also large escape hatches:the Agreement can be terminated by B.C. or Canada on 90 days-notice, and “this Agreement does not and is not intended to create legally-binding obligations between Canada and British Columbia.”Agreed-upon measures are subject to “respective priorities and budgetary constraints.”These convenient escape hatches for governments darken the clouds further over the future of caribou.

AWA believes this agreement is too weak. It very likely will not enable the timely, comprehensive transition to sustainable forest management needed to achieve regional economies compatible with caribou survival and recovery.

Four Nation Partnership Agreement

The Partnership Agreement with Canada, B.C., Saulteau First Nations and West Moberly First Nations is much more concrete and powerful for dealing with cumulative land use impacts to caribou ranges. It covers three local populations in the so-called ‘Central Group’ of southern mountain caribou, including the Pine, Quintette and Narraway (see map). These ranges are important to other caribou populations: they are adjacent to Northern Group and Southern Group populations and the Narraway has a part of its range in Alberta. Southern Group ranges in B.C. in turn are connected to Alberta’s Redrock-Creek, A La Peche, and Jasper ranges.

One of the General Terms rightly [states a point AWA has made over and over: “Time is of the essence.” It is refreshing that the Partnership Agreement’s other terms seem to concur. There is a solid Shared Recovery Objective: “The purpose of this Partnership Agreement is to set out and confirm the actions that the Parties have agreed to take in order to achieve their shared objective of immediately stabilizing and expeditiously growing the population of the Central Group to levels that are self-sustaining and support traditional aboriginal harvesting activities, consistent with existing Aboriginal and Treaty rights.”

The Partnership Agreement uses zoning for different land use goals and includes upfront land-use actions to start to deliver on its stated goals. One objective is to establish new conservation measures and protected areas in some zones to support the Shared Recovery Objective, usingbest available scientific and traditional knowledge on caribou and caribou recovery. These zones include a deferral on new resource development applications to buy time for planning and for conservation areas. This deferral, lacking in the bilateral agreement, is an important element to encourage timely follow-through on other intended actions. Another positive element is that conservation measures in any zone “will not be offset by an increase in activities that are detrimental to caribou in other areas” covered by the Partnership Agreement.

Other zones are for ‘sustainable resource activities’ but in those areas there will be greater emphasis on habitat maintenance and recovery. B.C. in its decisions will “take into consideration that any adverse effects on caribou or caribou habitat may be incapable of being fully mitigated … [will] effectively avoid, minimize, restore, or offset to the greatest extent possible the potential impacts with a view to achieving a net benefit for caribou and caribou habitat [and…] with respect to potential impacts on caribou, provide for deep consultation with Saulteau and West Moberly, and consultation with any other directly affected First Nation, as appropriate.” There are real safeguards for caribou habitat in this arrangement.

As well, and very importantly, the Partnership Agreement would be legally binding. It is intended to last for 30 years. It creates a collaborative process that is difficult to extinguish for at least five years and includes layers of dispute resolution mechanisms to stay on course. Canada and B.C. also agree “to seek adequate funding” to implement the Agreement.

A Technical Working group will be set up with timelines to develop Caribou Recovery Related Land Use Objectives for the Parties. In describing the terms of reference, there are some really important statements related to local industry and caribou recovery that Alberta plans should also reflect: “… the Parties recognize that: a. The forest industry and the local and regional economies are affected by factors and trends unrelated to caribou recovery; and b. Caribou recovery and restoration measures can stimulate innovation, have positive economic effects, and be compatible with regional economic development.”

Predator management (wolf cull) and maternity penning are included in the Partnership Agreement to support caribou recovery while habitat improves. At least these measures to prop up caribou survival are part of a comprehensive approach to address habitat, so that there is a foreseeable end to drastic wildlife manipulations.

The public engagement on the draft Partnership Agreement has been turbulent. Misinformation on exaggerated potential impacts of the Agreement has polarized discussions in B.C. communities. As Alaska Highway Newsreported April 17, the chiefs of Saulteau and West Moberly spoke up about the divisiveness: “We also appreciate hearing Premier Horgan say that the provincial government denounces the racist comments and conspiracy theories that have been circulating. … Reductions to annual allowable cuts to forestry companies will amount to 300,000 cubic metres …those reductions are limited and manageable between the companies operating in the area, the chiefs said. “We can’t control what Canfor or West Fraser do with their mills. But if they drop a shift or close the doors, it won’t be because of the caribou,” [West Moberly First Nations Chief] Willson said. “It won’t be because of these agreements. The grandstanding has to stop. It’s not factual and it’s not productive. The people of the Peace deserve better.”

On April 26, 2019, ECCC’s parliamentary secretary MP Sean Fraser stated that, while Ottawa and B.C. are working to address community concerns about caribou protection measures, “It’s clear to all parties involved that, if we don’t act now, we could lose the caribou forever … In particular, the Saulteau and West Moberly First Nations have shown critical leadership in working with B.C. and Canada on solutions to protect the southern mountain caribou. I am profoundly disappointed that some individuals are trying to spread misinformation and stoke division and discrimination in an effort to block action to protect caribou in the region.”

On May 16, ECCC Minister McKenna wrote to B.C. and the two First Nations with further support for the agreements. According to the Globe and Mail coverage, McKenna wrote: “While we support the province’s decision to extend the period for public feedback, we need to move forward with these agreements in a timely way,” she said in the letter. “Although land management is a provincial responsibility, the federal government has a legal obligation to protect species at risk … an [emergency] order is a blunt tool that risks making it much more challenging to effectively support local economies and collaborative caribou recovery efforts,” she added.

Public consultation on the two agreements ends May 31. Recognizing the cross-boundary relevance of these agreements, the B.C. consultation engagement portal provides for Alberta citizens and groups to participate. AWA will be supporting the Partnership Agreement and calling for a stronger bilateral Conservation Agreement to set an example for Alberta for more responsible land-use planning towards a society and economy compatible with caribou.