The following electronic version is for informational purposes only.
The printed version remains the official version.
MR. ANDREW WEAVER
This Bill enacts the Endangered Species Act, 2017, a piece of legislation intended to: protect species from becoming endangered, threatened, at risk, extirpated, or extinct; rehabilitate native species with dwindling populations; protect wildlife habitat; and safeguard complete ecosystems so they can remain balanced and self-regulated.
Ecosystems maintain the healthy environments we all need to live and thrive. They regulate our climate, store carbon, filter our air and water, pollinate our crops, fertilize our soil, stabilize the land, provide us with wild food sources, and are foundational to all natural resource industries. Biodiversity is vital to intact and functioning ecosystems, but it is also easily eroded.
The entire world is in the midst of an extinction crisis and humans are the driving force. In Canada, British Columbia is the most biodiverse province, but it is also home to more at risk species than any other province or territory. Half of B.C.’s assessed species are deemed at risk.
In addition to identifying, protecting, and rehabilitating at risk wildlife populations and habitats, this Act seeks to introduce proactive measures that will prevent healthy species from declining in the first place.
Compared to reactive government efforts to intervene in a habitat already out of balance, preserving healthy ecosystems is easier, more cost effective, and avoids needless animal suffering. Furthermore, as the global climate warms and precipitation patterns shift, having a complete ecosystem within which animals and plants can try to adapt will be essential.
Beyond an individual species focus, this Act facilitates the use of comprehensive landscape or watershed level planning. Measureable ecosystem objectives for biodiversity are included to ensure habitats are being managed effectively.
WHEREAS various species of fish, wildlife, and plants in British Columbia have been rendered extinct as a consequence of economic growth and development un-tampered by adequate concern and conservation;
WHEREAS other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction;
WHEREAS these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, cultural and scientific value to the Province and its people.
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Part 1 – Interpretation
1 The purposes of this Act are
(a) to prevent species from being extirpated or becoming extinct;
(b) to identify species at risk based on the best available scientific information, including information obtained from community knowledge and First Nations traditional knowledge;
(c) to protect species that are at risk and their habitats, and to provide for the recovery of species that are at risk;
(d) to promote stewardship activities to assist in the protection and recovery of species that are at risk; and
(e) to proactively protect healthy ecosystems to prevent species from becoming at risk.
2 This Act must be interpreted and administered in accordance with the following principles:
(a) decisions must be made on the basis of the best available scientific information, including information obtained from community knowledge and First Nations traditional knowledge;
(b) where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty must not be used as a reason for postponing measures to avoid or minimize that threat;
(c) climate change is presenting increasing pressure on species and ecosystems;
(d) a healthy environment is essential to social and economic well-being; and
(e) the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.
3 (1) In this Act,
"agreement" means an agreement entered into under section 27 of this Act;
"appeal board" means the Environmental Appeal Board continued under the Environmental Management Act;
"assessment list" means the list of species requiring assessment established under section 13 of this Act;
"conserve", "conserving", and "conservation" mean to use and the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this Act are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking;
"consultant lobbyist" has the same meaning as in the Lobbyists Registration Act;
"committee" means the Scientific Committee on Endangered Species established under section 4 of this Act;
"critical habitat" for a threatened or endangered species means,
(a) the specific areas within the geographical area occupied by the species, at the time it is listed in accordance with this Act, on which are found those physical or biological features that are essential to the conservation of the species and which may require special management considerations or protection; and
(b) specific areas outside the geographical area occupied by the species at the time it is listed in accordance with this Act, upon a determination by the Scientific Committee on Endangered Species that such areas are essential for the conservation of the species;
(c) critical habitat may be established for those species now listed as threatened or endangered species for which no critical habitat has heretofore been established as set forth in paragraphs (a) and (b) of this paragraph;
(d) except in those circumstances determined by the Scientific Committee on Endangered Species, critical habitat shall not include the entire geographical area which can be occupied by the threatened or endangered species;
"ecosystem" means a complete system composed of: a biological community of organisms (often including humans) in a defined area; their non-living environment; and the interactions among those organisms, or between them and their non-living environment;
"enforcement officer" means an enforcement officer under section 21;
"First Nation" includes
(a) a band, as defined in the Indian Act (Canada),
(b) another legal entity representing a first nation, or
(c) a person authorized by a band referred to in paragraph (a) or a legal entity referred to in paragraph (b);
"guiding principles" means the guiding principles in section 2 of this Act;
"habitat" means either,
(a) the area prescribed by regulation as the habitat of a species, or
(b) an area on which a species, directly or indirectly:
(i) relies upon to carry out its life processes,
(ii) formerly relied upon to carry out its life processes, or
(iii) will rely upon if reintroduced to carry on its life processes;
"in-house lobbyist" has the same meaning as in the Lobbyists Registration Act;
"justice" has the same meaning as in the Offence Act;
"life processes" include
(a) reproduction,
(b) rearing,
(c) hibernation,
(d) migration, and
(e) feeding;
"recovery strategy" means a strategy for the recovery of an endangered or extirpated species prepared under section 21 of this Act;
"regulations" means the regulations made under this Act;
"Scientific Committee on Endangered Species" means the committee established in section 4 of this Act;
"served" with respect to an order, or notice includes service by registered mail, and is effective on
(a) the date of personal service, or
(b) five days after it was sent by registered mail;
"species" means a species, subspecies, variety or genetically or geographically distinct population of animal, plant or other organism, other than a bacterium or virus, that is native to British Columbia or has extended its range permanently into British Columbia without human intervention;
"Species at Risk in British Columbia List" means the regulation passed in accordance with this Act;
"species of concern" means a species,
(a) as deemed by the scientific committee, that needs proactive protection, but for which insufficient information is available to indicate a current need to list the species as at risk or endangered;
(b) that is experiencing, or formerly experienced, serious (noncyclical) population declines or range retractions (that have not been reversed) that, if continued or resumed, could qualify it for threatened or endangered status under this Act;
(c) that has naturally small populations exhibiting high susceptibility to risk from any factor(s), that if realized, could lead to declines that would qualify it for threatened or endangered status under this Act.
Part 2 – Scientific Committee on Endangered Species
4 The Scientific Committee on Endangered Species is established as a corporation consisting of the members appointed under section 5.
5 (1) The committee consists of persons appointed under this section who are knowledgeable in either
(a) a scientific discipline such as conservation biology, population dynamics, taxonomy, systematics, genetics or climatology, or
(b) aboriginal traditional knowledge.
(2) The Lieutenant Governor in Council must
(a) appoint members to the committee,
(b) ensure that at any time there are at least 3 members,
(c) designate one of the members as the chair of the committee, and
(d) designate one of the members as the deputy chair of the committee.
6 (1) The members of the committee must perform their functions in an independent manner.
(2) A member of the committee must not, with respect to any matter related to this Act, act as
(a) a consultant lobbyist, or
(b) an in-house lobbyist.
7 The committee is an agent of the government.
8 The committee may pass resolutions and bylaws it considers necessary or advisable for the management and conduct of its affairs, the exercise of its powers and the performance of its duties and functions.
9 The purpose of the committee is to:
(a) develop and maintain criteria for assessing and classifying species in accordance with section 12,
(b) develop and maintain a prioritized list of species that require assessment in accordance with section 13,
(c) assess and classify species in accordance with section 15 of the Act,
(d) submit reports to the minister and public in accordance with this Act,
(e) recommend management plans to the minister for protection and recovery of species in accordance with section 12,
(f) recommend habitat protection for species in accordance with section 12, and
(g) provide advice to the minister upon request.
10 The committee must create and maintain a website that is accessible to the general public.
11 (1) The committee must submit an annual report to the minister detailing its work, including the reasons for any classifications made since the last annual report.
(2) The committee must publish the annual report to its website 90 days after providing it to the minister.
Part 3 – Classification of Species
12 (1) The committee must establish criteria for assessing and classifying species in accordance with this section.
(2) The committee may classify a species as
(a) extinct if it no longer lives anywhere in the world,
(b) extirpated if
(i) it is not extinct,
(ii) it lived in the wild in British Columbia at one time, and
(iii) it no longer lives in the wild in British Columbia.
(c) endangered if extinction or extirpation is imminent,
(d) threatened if it is likely to become endangered if steps are not taken to address factors threatening to lead to its extinction or extirpation,
(e) a species of concern if it may become threatened or endangered due to a combination of biological characteristics and identified threats.
(3) The committee may establish criteria that allow for the classification of species within specified geographic areas in British Columbia.
(4) The committee must establish criteria to determine
(a) which species require assessment, and
(b) the order in which species will be assessed.
(5) The committee must periodically review and update the criteria established under this section to ensure it reflects current practices and continues to comply with the purpose and guiding principles of this Act.
(6) The committee must provide the minister with the criteria established under this section and any subsequent amendments.
(7) The committee must publish the criteria established under this section and any subsequent amendments to its website 90 days after providing it to the minister.
13 (1) The committee must establish a list of species that require assessment based on the criteria established under section 12.
(2) The assessment list must include every species that lives or once lived in British Columbia that:
(a) has been classified as extirpated, endangered, threatened or of special concern under the Species at Risk Act (Canada); and
(b) has not yet been assessed by the committee.
(3) The committee must prioritize the assessment of species based on the criteria established in section 12.
(4) The committee must provide the minister with the assessment list and any amendments.
(5) The committee must publish the assessment list and any amendments to its website 90 days after providing it to the minister.
14 (1) Any person may apply to the committee for the assessment of a species.
(2) The committee must consider an application under this section within 30 days to determine whether there is a reasonable basis for believing that there is an imminent threat of survival to the species.
(3) The committee must inform the person who submitted the application of the finding under subsection (2) and the reasons for the finding.
(4) If the committee determines there is a reasonable basis for believing that there is an imminent threat of survival to the species the committee must:
(a) add the species to the assessment list; and
(b) assess the species in accordance with section 15 within one year of placing the species on the assessment list.
15 (1) The committee must assess species:
(a) in the order indicated on the assessment list; and
(b) classify them according to the criteria established under section 12.
(2) When the species has been assessed the committee must issue a report indicating:
(a) the common and scientific names of the species;
(b) the classification of the species;
(c) the specified geographic area in which the committee has classified the species, if applicable; and
(d) the reasons for the classification.
(3) The committee must provide the report to the minister.
(4) The committee must publish the report to its website 9 months after providing the report to the minister.
16 (1) The minister must deposit a regulation containing a list of species that have been classified by the committee as extinct, extirpated, threatened, endangered, or of special concern.
(2) The species at risk list must contain the following information for all of the species classified by the committee under section 15:
(a) the common and scientific names of the species;
(b) the classification of the species; and
(c) the specified geographic area in which the committee has classified the species, if applicable.
(3) If no specified geographic area is indicated for a species the classification is deemed to apply to all of British Columbia.
(4) The minister must amend the species at risk list within 9 months of receiving a report under section 15.
17 (1) The minister must order the committee to assess a species in accordance with section 15 if
(a) the species is not listed on the species at risk list, and
(b) in the minister’s opinion, the species may be facing imminent extinction or extirpation.
(2) The minister may order the committee to assess a species in accordance with section 15 if
(a) the species is on the species at risk list, and
(b) in the minister’s opinion, credible scientific information indicates that the classification is not appropriate.
(3) An order under this section does not delay or otherwise affect the obligation to amend the species at risk list in accordance with section 16.
(4) The minister must consult with the chair of the committee before making an order under this section.
(5) The committee must produce a report under section 15 no later than the date specified by the minister in an order under this section.
Part 4 – Protection, Survival, and Recovery of Species
18 (1) No person shall
(a) kill, harm, harass, capture or take a living member of a species that is classified on the species at risk list as extirpated, endangered or threatened,
(b) possess, transport, collect, buy, sell, lease, trade or offer to buy, sell, lease or trade,
(i) a living or dead member of a species that is classified on the species at risk list as extirpated, endangered or threatened,
(ii) any part of a living or dead member of a species that is classified on the species at risk list as extirpated, endangered or threatened, or
(iii) anything derived from a living or dead member of a species that is classified on the species at risk list as extirpated, endangered or threatened, or
(c) sell, lease, trade or offer to sell, lease or trade anything that the person represents to be a thing described in paragraph (b).
(2) Subsection (1) (b) does not apply to a member of a species that originated outside British Columbia if it was lawfully killed, captured or taken in the jurisdiction from which it originated.
(3) Subsection (1) (b) does not apply to possession by the Crown.
(4) Where the species at risk list specifies a geographic area subsection (1) only applies to that species in that area.
(5) Despite subsection (1) (b), if the crown is in possession of anything referred to in subsection (1) (b), the minister may transfer it to another person to possess it for
(a) scientific or educational purposes; or
(b) traditional cultural, religious or ceremonial purposes.
19 (1) No person shall damage or destroy the habitat of
(a) a species that is listed on the species at risk list as an endangered or threatened species; or
(b) a species that is listed on the species at risk list as an extirpated species, if the species is prescribed by regulation.
(2) Where the species at risk list specifies a geographic area subsection (1) applies to that species only in that area.
20 (1) In this section:
"laws of another jurisdiction" means valid enactments of a jurisdiction other than British Columbia that have the purpose of protecting animals, plants or other organisms that are extirpated, endangered or threatened in that jurisdiction, or animals, plants or other organisms, however described, that are similarly at risk in that jurisdiction.
(2) No person shall
(a) possess, transport, collect, buy, sell, lease, trade or offer to buy, sell, lease or trade
(i) a living or dead member of a species,
(ii) any part of a living or dead member of a species, or
(iii) anything derived from a living or dead member of a species, or
(b) sell, lease, trade or offer to sell, lease or trade anything that the person represents to be a thing described in paragraph (a)
if that member of species:
(c) was killed, captured, taken, possessed, collected, transported, bought, sold, leased or traded contrary to the laws of another jurisdiction, or
(d) was removed from another jurisdiction, contrary to the laws of another jurisdiction.
(3) A person must not be convicted of an offence under this section if that person establishes that he or she honestly and reasonably believed that the laws of another jurisdiction were complied with.
21 (1) Guided by the Scientific Committee on Endangered Species, the minister must develop a recovery strategy for each species that is listed on the species at risk list as
(a) an endangered or threatened species, or
(b) an extirpated species if in the minister’s opinion reintroduction of the species into British Columbia is feasible having regard to
(i) social and economic factors, and
(ii) the guiding principles of this Act.
(2) A recovery strategy must include
(a) an identification of the habitat of the species,
(b) a description of the threats to the survival and recovery of the species and its habitat,
(c) a description of species on the species at risk list that co-occur with the species for which the recovery strategy is being prepared,
(d) recommendations on
(i) objectives for the protection survival and recovery of the species,
(ii) approaches to achieve the objectives recommended under subparagraph (i),
(iii) the area that should be considered in prescribing an area as the habitat of the species, and
(iv) whether a multi-species or ecosystem approach would be appropriate, and
(v) whether population objectives for a multi-species or ecosystem approach would be appropriate, and
(e) any other information prescribed by regulation.
(3) The minister must subject a recovery strategy to a 60 day public review beginning no later than
(a) 1 year from the date the species was classified as endangered on the species at risk list, or
(b) 2 years from the date the species was classified as threatened on the species at risk list.
(4) The minister must consider the results of the public review and amend the recovery strategy if necessary.
(5) The minister must publish the recovery strategy on the website of the minister’s ministry within 30 days of the public review.
22 (1) Guided by the Scientific Committee on Endangered Species, the minister must develop a management plan for each species that is classified on the species at risk list as a special concern.
(2) Subsection (1) does not apply to a species for which the preparation of a recovery strategy or management plan is required under section 37 or 65 of the Species at Risk Act (Canada).
(3) Subject to subsection (6), the minister must subject a management plan to a 60 day public review beginning no later than 3 years from the date the species was classified as a special concern on the species at risk list.
(4) The minister must consider the results of the public review and amend the management plan if necessary.
(5) The minister must publish the management plan on the website of the minister’s ministry within 30 days of the public review.
(6) The minister may commence a 60 day public review of a proposed management plan later than 3 years from the date the species was classified as a special concern on the species at risk list if
(a) in the minister’s opinion additional time is required to prepare the management plan because of
(i) the complexity of the issues,
(ii) the desire to prepare the management plan in cooperation with one or more other jurisdictions, or
(iii) the desire to give priority to the preparation of recovery strategies or management plans for other species, and
(b) the minister publishes a notice to the website of the minister’s ministry stating
(i) the reasons for the opinion in paragraph (a), and
(ii) an estimate of when the management plan will be available for public review.
23 (1) The minister must produce a statement summarizing the actions that the government intends to take in response to each recovery strategy and management plan.
(2) The minister must publish a statement under this section to the website of the minister’s ministry within 9 months of finalizing the recovery strategy or management plan.
(3) The minister must implement the actions referred to in a statement published under this section if they are
(a) within the responsibilities of the minister, and
(b) in the minister’s opinion they are feasible with regard to
(i) social and economic factors, and
(ii) the guiding principles of this Act.
(4) The minister may determine the priority in which statements under this section are implemented.
(5) The minister must conduct a review of progress towards the protection, survival, and recovery of the species no later than 5 years after a statement is published under this section.
(6) The minister must publish the results of a review under subsection (5) to the website of the minister’s ministry.
24 A recovery strategy or management plan may be prepared using an ecosystem approach.
25 A recovery strategy or management plan may be prepared for more than one species, whether or not the species are part of the same ecosystem.
26 A recovery strategy or management plan may incorporate all or part of an existing plan that relates to the species.
Part 5 – Agreements, Permits and Other Instruments
27 (1) The minister may enter into publicly disclosed agreement authorizing an activity that would otherwise be prohibited under section 18 [Prohibition on killing] or 19 [Prohibition on damage to habitat].
(2) The minister may only enter into an agreement under this section if in the minister’s opinion:
(a) the activity authorized is necessary for the protection of human health or safety;
(b) the main purpose of the activity authorized is to assist, and the activity will assist, in the protection or recovery of the species specified in the permit;
(c) an overall benefit to the species will be achieved within a reasonable time through requirements imposed by the terms of the agreement, if:
(i) all reasonable alternatives have been considered, including alternatives that would not adversely affect the species, and the best alternative has been adopted, and
(ii) all reasonable steps to minimize adverse effects on individual members of the species are required by the terms of the agreement; or
(d) the agreement is with a First Nation or a member of a First Nation and would not jeopardize the survival or recovery of the species specified in the agreement.
(3) For all other agreements, such as those pertaining to activities with significant social or economic benefits to British Columbia, the minister must refer to the Natural Resource Board Committee.
(4) Before entering into an agreement under this section, the minister must consider any ministerial statements.
(5) A party may not rely on an agreement under this section unless the party has complied with the terms of the agreement.
28 (1) The minister may issue a permit to a person authorizing an activity that would otherwise be prohibited by section 18 [Prohibition on killing] or 19 [Prohibition on damage to habitat].
(2) The minister may issue a permit under this section only if in the minister’s opinion:
(a) the activity authorized by the permit is necessary for the protection of human health or safety;
(b) the main purpose of the activity authorized by the permit is to assist, and that the activity will assist, in the protection or recovery of the species specified in the permit;
(c) an overall benefit to the species will be achieved within a reasonable time through requirements imposed by conditions of the permit, and
(i) all reasonable alternatives have been considered, including alternatives that would not adversely affect the species, and the best alternative has been adopted, and
(ii) all reasonable steps to minimize adverse effects on individual members of the species are required by conditions of the permit;
(d) the permit is issued to a First Nation or a member of a First Nation and would not jeopardize the survival or recovery of the species specified in the agreement.
(3) For all other permits, such as those pertaining to activities with significant social or economic benefits to British Columbia, the minister must refer to the Natural Resource Board Committee.
(4) Before issuing a permit under this section, the minister must consider any ministerial statements.
(5) A permit issued under this section may contain such conditions as the minister considers appropriate.
(6) Without limiting the generality of subsection (5), conditions in a permit may,
(a) limit the time during which the permit applies;
(b) limit the circumstances in which the permit applies;
(c) require the holder of the permit to take steps specified in the permit, and require that steps be taken before engaging in the activity authorized by the permit;
(d) require the holder of the permit to furnish security in an amount sufficient to ensure compliance with the permit;
(e) require the holder of the permit to ensure that the activity authorized by the permit, and the effects of the activity, are monitored in accordance with the permit;
(f) require the holder of the permit to rehabilitate habitat damaged or destroyed by the activity authorized by the permit, or to enhance another area so that it could become habitat suitable for the species specified in the permit; or
(g) require the holder of the permit to submit reports to the minister.
(7) An authorization described in subsection (1) does not apply unless the holder of the permit complies with all requirements imposed by the permit.
(8) A permit will expire after five years.
(9) The minister may delegate his or her powers under this section, in accordance with the limitations prescribed by regulation.
29 (1) The minister may with the consent of the holder of a permit
(a) amend the permit, if it was issued under section 28 (2) (a), (b) or (c),
(b) revoke the permit.
(2) The minister may delegate his or her powers under this section, in accordance with the limitations prescribed by regulation.
30 (1) The minister may without the consent of the holder of a permit amend or revoke the permit if,
(a) the minister is of the opinion that the revocation or amendment,
(i) is necessary to prevent jeopardizing the survival or recovery, in British Columbia, of the species specified in the permit, or
(ii) is necessary for the protection of human health or safety, and
(b) if the permit was approved by the Lieutenant Governor in Council, the amendment or revocation has been approved by the Lieutenant Governor in Council.
(2) Before amending or revoking a permit under this section the minister must serve the holder of the permit with notice of
(a) the amendments that the minister intends to make to the permit, or the ministers intent to revoke the permit,
(b) the reasons for amending or revoking the permit, and
(c) the permit holders right to appeal the decision under section 32.
(3) An amendment or revocation under this section comes into effect 15 days after the notice is served.
(4) The minister may delegate his or her powers under this section, in accordance with the limitations prescribed by regulation.
31 (1) In this section,
"authorizing official" means,
(a) with respect to an agreement that authorizes a person to engage in an activity, any federal, provincial or municipal official who entered into the agreement, or
(b) with respect to any other instrument, the person who issued, made or approved the instrument;
"instrument" means an agreement, permit, licence, order, approved plan or other similar document;
"issued" with respect to an instrument includes, entered into, made, or approved.
(2) An instrument authorizing a person to engage in an activity has the same effect as a permit issued under section 28 if,
(a) the instrument was issued under:
(i) an enactment of British Columbia;
(ii) an Act of Canada; or
(iii) a regulation passed pursuant to an Act of Canada;
(b) the authorizing official is either;
(i) the minister or his delegate; or
(ii) any other person provided that:
(A) the provision referred to in paragraph (a) is prescribed by regulation; and
(B) the minister has entered into an agreement with that person to issue an instrument under the provision referred to in paragraph (a) for the purposes of this Act;
(c) before issuing the instrument the authorizing official considered any ministerial statements; and
(d) at the time the instrument was issued, in the opinion of the authorizing official:
(i) the activity authorized by the instrument was necessary for the protection of human health or safety,
(ii) the main purpose of the activity authorized by the instrument was to assist in the protection, survival, or recovery of the species specified in the instrument, and that it would have that effect,
(iii) an overall benefit to the species would be achieved within a reasonable time through requirements imposed by the instrument, and
(A) reasonable alternatives had been considered, including alternatives that would not adversely affect the species, and the best alternative was adopted, and
(B) all reasonable steps to minimize adverse effects on individual members of the species were required by the instrument.
(3) Subsection (1) does not apply to an instrument unless the person seeking to rely on the instrument has complied with any requirements imposed by the instrument.
Part 6 – Natural Resource Board Committee
32 (1) The Natural Resource Board Committee, hereinafter in this section referred to as the "Board", is established as a corporation consisting of the members appointed under subsection (4).
(2) The Board shall review any application submitted to it pursuant to this section and determine whether or not to grant an exemption from the requirements set forth in this Act and regulations.
(3) The Board consists of seven persons appointed under this section who are knowledgeable in either:
(a) a scientific discipline such as conservation biology, population dynamics, taxonomy, systematics, genetics or climatology; or
(b) aboriginal traditional knowledge.
(4) The Lieutenant Governor in Council must
(a) appoint members to the Board,
(b) ensure that at any time there are at least 5 members,
(c) designate one of the members as the chair of the committee, and
(d) designate one of the members as the deputy chair of the committee.
(5) Members of the Board shall receive no additional pay on account of their service on the Board.
(6) While away from their homes or regular places of business in the performance of services for the Board, members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses.
(7) Five members of the Board or their representatives shall constitute a quorum for the transaction of any function of the Board, except that, in no case shall any representative be considered in determining the existence of a quorum for the transaction of any function of the Board if that function involves a vote by the Board on any matter before the Board.
(8) The Board shall meet at the call of the Chairman or five of its members, and all meetings and records of the Board shall be open to the public.
(9) The Board may for the purpose of carrying out its duties under this section hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Board deems advisable.
(10) When so authorized by the Board, any member or agent of the Board may take any action which the Board is authorized to take under subsection (9).
(11) Subject to the Privacy Act, the Board may secure directly from any provincial agency information necessary to enable it to carry out its duties under this section, and upon request of the Chairman of the Board, the head of such Provincial agency shall furnish such information to the Board.
(12) In carrying out its duties under this section, the Board may promulgate and amend such rules, regulations, and procedures, and issue and amend such orders as it deems necessary.
(13) For the purpose of obtaining information necessary for the consideration of an application for an exemption under this section the Board may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents.
(14) In no case shall any representative be eligible to cast a vote on behalf of any member.
33 (1) A provincial department or a permit or licence applicant may apply to the minister for an exemption if, after consultation, the minister’s opinion indicates that the department action would violate Part 4 of this Act.
(2) An application for an exemption shall be considered initially by the minister in the manner provided for in this section, and shall be considered by the Board for a final determination.
(3) In this section, the applicant for an exemption shall be referred to as the "exemption applicant."
(4) An exemption applicant shall submit a written application to the minister no later than 90 days after the completion of the consultation process, and in the case of any agency action involving a permit or license applicant, such application shall be submitted not later than 90 days after the date on which the provincial department concerned takes final agency action with respect to the issuance of the permit or license.
(5) For purposes of subsection (4), the term "final agency action" means
(a) a disposition by an agency with respect to the issuance of a permit or licence that is subject to administrative review, whether or not such disposition is subject to judicial review; or
(b) if administrative review is sought with respect to such disposition, the decision resulting after such review.
(6) An application under subsection (4) shall set forth the reasons why the exemption applicant considers that the agency action meets the requirements for an exemption under this subsection.
(7) Upon receipt of an application for exemption for an agency action under subsection (1), the minister shall promptly
(a) notify the Board for consideration of such application; and
(b) publish notice of receipt of the application on the Scientific Committee on Endangered Species website, including a summary of the information contained in the application and a description of the agency action with respect to which the application for exemption has been filed.
(8) The minister shall within 20 days after the receipt of an application for exemption, or within such other period of time as is mutually agreeable to the exemption applicant and the minister,
(a) determine that the provincial department concerned and the exemption applicant have
(i) carried out the consultation responsibilities described in regulation and made a reasonable and responsible effort to develop and fairly consider modifications or reasonable and prudent alternatives to the proposed agency action which would not violate Part 4;
(ii) conducted any biological assessment required by the Scientific Committee on Endangered Species; and
(iii) to the extent determinable within the time provided herein, refrained from making any irreversible or irretrievable commitment of resources; or
(b) deny the application for exemption because the provincial department concerned or the exemption applicant have not met the requirements set forth in subparagraphs (a) (i), (ii), and (iii).
(9) If the minister determines that the provincial department concerned and the exemption applicant have met the requirements set forth in subsection (8) (a) (i), (ii), and (iii) she shall, in consultation with the members of the Board, hold a hearing on the application for exemption and prepare the report to be submitted pursuant to subsection (10).
(10) Within 140 days after making the determinations under subsection (8) or within such other period of time as is mutually agreeable to the exemption applicant and the minister, the minister shall submit to the Board a report discussing;
(a) the availability of reasonable and prudent alternatives to the department action, and the nature and extent of the benefits of the department action and of alternative courses of action consistent with conserving the species or the critical habitat;
(b) a summary of the evidence concerning whether or not the department action is in the public interest and is of national or regional significance;
(c) appropriate reasonable mitigation and enhancement measures which should be considered by the Board; and
(d) whether the provincial department concerned and the exemption applicant refrained from making any irreversible or irretrievable commitment of resources prohibited by subparagraph (8) (a) (iii).
(11) All meetings and records resulting from activities pursuant to this subsection shall be open to the public.
34 (1) The Board shall make a final determination whether or not to grant an exemption within 30 days after receiving the report of the minister pursuant to section 33 (10).
(2) The Board shall grant an exemption from the requirements of Part 4 for a department action if, by a vote of not less than five of its members voting in person;
(a) it determines on the record, based on the report of the minister, the record of the hearing and on such other testimony or evidence as it may receive, that;
(i) there are no reasonable and prudent alternatives to the department action;
(ii) the benefits of such action clearly outweigh the benefits of alternative courses of action consistent with conserving the species or its critical habitat, and such action is in the public interest;
(iii) the action is of regional or national significance; and
(iv) neither the provincial department concerned nor the exemption applicant made any irreversible or irretrievable commitment of resources prohibited by subparagraph 33 (8) (a) (iii); and
(b) it establishes such reasonable mitigation and enhancement measures, including, but not limited to, live propagation, transplantation, and habitat acquisition and improvement, as are necessary and appropriate to minimize the adverse effects of the agency action upon the endangered species, threatened species, or critical habitat concerned. Any final determination by the Board under this subsection shall be considered final agency action.
(3) Except as provided in paragraph (b),
(a) an exemption for an agency action granted under subsection (2) shall constitute a permanent exemption with respect to all endangered or threatened species for the purposes of completing such agency action;
(i) regardless whether the species was identified in the biological assessment; and
(ii) only if a biological assessment has been conducted under subsection (c) with respect to such department action.
(b) an exemption shall be permanent under paragraph (a) unless;
(i) the minister finds, based on the best scientific and commercial data available, that such exemption would result in the extinction of a species that was not the subject of consultation under section 34 or was not identified in any biological assessment conducted under subsection 33 (8) (a) (ii), and
(ii) the Board determines within 60 days after the date of the minister’s finding that the exemption should not be permanent.
35 (1) If the Board determines under section 34 that an exemption should be granted with respect to any department action, the Board shall issue an order granting the exemption and specifying the mitigation and enhancement measures established which shall be carried out and paid for by the exemption applicant in implementing the department action.
(2) All necessary mitigation and enhancement measures shall be authorized prior to the implementing of the agency action and funded concurrently with all other project features.
(3) The applicant receiving such exemption shall include the costs of such mitigation and enhancement measures within the overall costs of continuing the proposed action.
(4) Notwithstanding subsection (2), the costs of such measures shall not be treated as project costs for the purpose of computing benefit-cost or other ratios for the proposed action.
(5) Any applicant may request the minister to carry out such mitigation and enhancement measures and the costs incurred by the minster in carrying out any such measures shall be paid by the applicant receiving the exemption.
(6) No later than one year after the granting of an exemption, the exemption applicant shall submit to the Ministry of Environment and Climate Change Strategy a report describing its compliance with the mitigation and enhancement measures prescribed by this section, and such a report shall be submitted annually until all such mitigation and enhancement measures have been completed.
(7) Notice of the public availability of such reports shall be published on the Scientific Committee for Endangered Species website.
Part 7 – Enforcement
36 An officer who is acting under this Act must produce identification upon request.
37 (1) An officer may enter and inspect real or personal property without a warrant for the purposes of determining whether there is compliance with provisions of
(a) an agreement, or
(b) a permit.
(2) This section does not authorize an officer to enter into a premises used as a private residence without the consent of the occupant.
38 (1) On information on oath there are reasonable grounds to believe that an inspection under this section would assist in determining whether there is compliance with section 18 [Prohibition on killing], 19 [Prohibition on damage to habitat], or 20 [Laws of other jurisdictions] of this Act, a justice may issue a warrant authorizing an officer to enter and inspect real or personal property specified in the warrant, including a premises occupied as a private residence.
(2) Despite subsection (1), an officer may search real or personal property if the conditions for obtaining a warrant exist but because of exigent circumstances it is not practical to obtain the warrant.
(3) For the purposes of subsection (3), "exigent circumstances" means circumstances in which the delay necessary to obtain the warrant would result in danger to human life or safety or the loss or destruction of evidence.
(4) Subsection (3) does not authorize an officer to enter into a premises used as a private residence without the consent of the occupant.
39 (1) In this section "vehicle" includes a vehicle as defined in the Motor Vehicle Act, an all terrain vehicle as defined in the Motor Vehicle (All Terrain) Act, a rail vehicle as defined in the Transport of Dangerous Goods Act and a vessel.
(2) An officer may stop a vehicle if the officer has reasonable grounds to believe that stopping the vehicle would assist in determining whether there is compliance with
(a) section 18 [Prohibition on killing], 19 [Prohibition on damage to habitat], or 20 [Laws of other jurisdictions];
(b) an agreement;
(c) a permit; or
(d) an order.
(3) When requested or signaled to do so by an officer who is readily identifiable as an officer the operator of a motor vehicle must immediately:
(a) stop the vehicle,
(b) provide identification and the information that the officer considers necessary to determine whether this Act and the regulations are being complied with.
(4) For the purposes of carrying out an inspection under this section, an officer may
(a) require that any compartment of the vehicle or any container in or on the vehicle be opened, and
(b) exercise any of the powers under section 41 [conduct of inspection].
40 (1) On information on oath that there are reasonable grounds to believe that an offence under this Act has occurred or is occurring, a justice, on being satisfied that an entry and a search are likely to provide evidence of such an offence, may issue a warrant authorizing an officer:
(a) to enter and search the real or personal property, including a premises occupied as a private residence, specified in the warrant,
(b) to take other actions as the justice considers appropriate in the circumstances and authorizes in the warrant.
(2) Despite subsection (1), an officer may search real or personal property without a warrant, if the conditions for obtaining a warrant exist but because of exigent circumstances it is not practicable to obtain the warrant.
(3) For the purposes of subsection (3), "exigent circumstances" means circumstances in which the delay necessary to obtain the warrant would result in danger to human life or safety or the loss or destruction of evidence.
(4) Subsection (3) does not authorize an officer to enter into a premises used as a private residence without the consent of the occupant.
41 (1) During an inspection or search authorized under this Part, an officer may do any of the following:
(a) take with him or her the persons and equipment that may be necessary for the purposes of the inspection;
(b) inspect, analyze, measure, sample or test land, or any article, or substance located on or in the land, and premises, relevant to the inspection;
(c) use a computer system at the place that is being inspected to examine data, contained in or available to the computer system, related to the subject matter of the inspection;
(d) record or copy by any method any information related to the inspection;
(e) use copying equipment located at the place that is being inspected to make copies to take away;
(f) take photographs or make audio or video records;
(g) take away samples of land, articles, or substances;
(h) examine and take away copies of records relating to the inspection;
(i) require a person to answer any questions relevant to the investigation.
(2) A person must provide information requested by an officer that is relevant to the inspection under this Part.
(3) An inspection under this Part must occur at a time that is reasonable in view of any activity that is conducted on the land or in the place, unless a different time is authorized by warrant.
42 (1) An officer who is lawfully in a building or other place may, without a warrant, seize any thing that he or she has reasonable grounds to believe
(a) has been obtained by the commission of an offence under this Act;
(b) has been used in the commission of an offence under this Act;
(c) will afford evidence of the commission of an offence under this Act.
(2) If the enforcement officer is in the building or other place pursuant to a warrant, subsection (1) applies to any thing, whether or not it is specified in the warrant.
43 (1) With respect to any thing seized under section 42 an officer must
(a) deliver the thing for safekeeping to a person prescribed by the minister, or
(b) leave a thing that he or she seizes in the custody of the occupant of the building or other place in which it was seized.
(2) If any thing is left in the custody of an occupant under this section, the occupant must safeguard the thing until either
(a) an enforcement officer removes the thing,
(b) the occupant is notified by an enforcement officer that the investigation has concluded and that a charge will not be laid, or
(c) if a charge is laid the charge is finally disposed of by
(i) acquittal,
(ii) dismissal, or
(iii) withdrawal.
(3) This section does not apply to a thing that is required to be carried before a justice by a search warrant issued under the Offence Act.
44 Anything seized and not forfeited under section 45 must be returned to the person from whom it was seized once
(a) the investigation is concluded if a charge is not laid,
(b) a charge is finally disposed of by
(i) acquittal,
(ii) dismissal, or
(iii) withdrawal, or
(iv) conviction.
45 (1) An item seized under section 43 is forfeit to Her Majesty the Queen in Right of British Columbia if
(a) the identity of the person from whom a thing was seized has not been ascertained within 30 days after the seizure,
(b) the item is a dead animal, plant, or other organism and in the opinion of the person who has custody of it,
(i) it is likely to spoil, or
(ii) it cannot properly be maintained in custody,
(c) the item was seized in connection with an investigation that led to a conviction under this Act and the item is
(i) an animal, plant, or other organism,
(ii) a cage, shelter, or other container, or
(iii) any other item ordered by a justice, or
(d) a justice has determined that possession of the thing seized is an offence under this Act.
(2) A justice may order an item forfeit in accordance with subsection (1) (d):
(a) whether or not a charge is laid in respect of the thing seized, and
(b) where a charge is laid with respect to that item even if the charge is disposed of by
(i) acquittal,
(ii) dismissal,
(iii) or withdrawal.
(3) A thing forfeited under this section must be disposed of in accordance with the directions of the minister.
(4) If a thing is forfeit under this section, a person who claims an interest in the thing, may apply for an order directing that it be released to the person claiming the interest if
(a) the application is made within 30 days of the day the thing was seized;
(b) the item is not forfeit under subsection (1) (b);
(c) the applicant is not the person from whom the item was seized; and
(d) the applicant was not convicted of a charge relating to the item seized.
(5) An order made under subsection (4) is subject to such conditions as may be imposed by the justice.
46 (1) An officer may make an order requiring a person to refrain from engaging in an activity if the officer has reasonable grounds to believe that the person is, has, or is about to engage in an activity that contravenes
(a) section 18 [Prohibition on killing] or 19 [Prohibition on damage to habitat],
(b) an agreement,
(c) a permit, or
(d) an order.
(2) The order must
(a) specify the provision that the enforcement officer believes is being, has been or is about to be contravened,
(b) briefly describe the nature of the contravention and its location, and
(c) state that the order may be appealed in accordance with section 32 of this Act.
47 (1) The minister may make an order described in subsection (2) if the minister has reasonable grounds to believe that a person is engaging in or is about to engage in an activity that will destroy or seriously damage an important feature of the habitat of a species listed on the species at risk list as extirpated, endangered or threatened.
(2) An order issued under subsection (1) may do one or more of the following:
(a) require the person to stop engaging in or not to engage in the activity,
(b) prohibit the person from engaging in the activity except in accordance with the directions set out in the order, and
(c) direct the person to take the steps set out in the order to rehabilitate any area damaged or destroyed by the activity.
(3) The order must
(a) identify the species that the order relates to,
(b) describe the nature of the activity and the important feature of the area affected by the activity, and
(c) state that the order may be appealed in accordance with section 32 of this Act.
48 An order is effective on the date it is served, unless a later date is specified in the order.
49 (1) An officer may arrest without warrant a person that he or she has reasonable grounds to believe is committing, has committed or is about to commit an offence under this Act.
(2) If an enforcement officer arrests a person under this section, he or she must, as soon as practicable, release the person from custody, unless the officer has reasonable grounds to believe that
(a) it is necessary in the public interest for the person arrested to be detained, having regard to all the circumstances, including the need to
(i) establish the identity of the person,
(ii) secure or preserve evidence of or relating to the offence, or
(iii) prevent the continuation or repetition of the offence or the commission of another offence; or
(b) the person arrested, if released, will not respond to a summons or offence notice or will not appear in court.
(3) Sections 38 to 40 of the Offence Act apply if the person arrested is not released under subsection (2).
50 An enforcement officer may use as much force as is necessary to exercise any of his or her powers under this Act.
51 An officer and any person authorized to accompany the officer may enter and pass through other private property for the purpose of reaching a land, building or other place that the officer is authorized to enter under this Act.
52 The minister may, for the purpose of investigations and other law enforcement activities under this Act, exempt an enforcement officer from the application of any provision of this Act, subject to such conditions as the minister considers necessary.
53 A person must not
(a) knowingly make a false or misleading statement to an enforcement officer who is acting under this Act; or
(b) otherwise obstruct an enforcement officer who is acting under this Act.
Part 8 – Offences and Penalties
54 (1) A person is guilty of an offence if that person contravenes:
(a) sections 18 [prohibition on killing], 19 [prohibition on damage to habitat], 20 [laws of other jurisdictions], 24 (2) [vehicle must stop], 26 (5) [occupant must safeguard seized item], 38 [obstructing an officer],
(b) any provision of an agreement,
(c) any provision of a permit, or
(d) any provision of an order.
(2) A person who attempts to do anything that would be an offence under this Act is guilty of that offence.
55 (1) If a corporation commits an offence under this Act, an officer, director, employee or agent of the corporation is a party to the offence if that person directed, authorized, assented to, acquiesced in, or participated in the commission of the offence.
(2) A person who is a party to an offence as defined in subsection (1) is guilty of the offence and is liable on conviction to the punishment provided for by the offence, whether or not the corporation has been prosecuted for the offence.
56 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the defendant acting in the course of employment or agency, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the defendant establishes that
(a) the offence was committed without the knowledge of the defendant; and
(b) the offence was committed without the consent of the defendant.
57 (1) A person convicted of a first offence under this Act is liable to
(a) in the case of a corporation, to a fine of not more than $1,000,000;
(b) in the case of any other person to
(i) a fine of not more than $250,000,
(ii) imprisonment for a term of not more than one year, or
(iii) to both, and
(2) A person convicted of a second or subsequent offence under this Act is liable to
(a) in the case of a corporation, to a fine of not more than $2,000,000, or
(b) in the case of any other person to
(i) a fine of not more than $500,000,
(ii) to imprisonment for a term of not more than one year, or
(iii) to both.
(3) Despite subsection (2), if an offence involves more than one animal, plant or other organism, the maximum fine that may be imposed is the amount that would otherwise apply under subsection (1), multiplied by the number of animals, plants and other organisms that are involved.
(4) The court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may increase a fine imposed on the person by an amount equal to the amount of the monetary benefit that was acquired by or that accrued to the person as a result of the commission of the offence, despite the maximum fine specified in subsection (1) or (2).
58 (1) The court that convicts a person of an offence under this Act may, in addition to imposing a fine or imprisonment, make an order against the person
(a) not to engage in any activity that could, in the opinion of the court, result in the continuation or repetition of the offence;
(b) to take any action that the court considers appropriate to remedy or avoid any harm to a species that resulted or may result from the commission of the offence, including action to rehabilitate habitat damaged or destroyed by the offence;
(c) to pay the Government of British Columbia or any other person for all or part of any costs incurred to remedy or avoid any harm to a species that resulted or may result from the commission of the offence, including action to rehabilitate habitat damaged or destroyed by the offence;
(d) to pay any person an amount for the purpose of assisting in the protection or recovery of the species in respect of which the offence was committed;
(e) to take such other steps as are specified in the order to comply with this Act; or
(f) to pay all or part of any expenses incurred by the minister or any other person with respect to the seizure, storage or disposition of any thing seized in connection with the offence.
(2) A person must comply with an order made under this section.
(3) If a person fails to comply with an order to take action under subsection (1) (b), the minister may take such action as he or she considers appropriate to implement the order, and any cost or expense incurred by the minister is a debt due to the Crown and may be recovered by the minister in a court of competent jurisdiction in an action against the person.
59 A prosecution for an offence under this Act must not be commenced more than five years after the offence was committed.
60 In a prosecution under this Act, a copy of a document or other thing purporting to be certified by an officer as a true copy of a document or other thing inspected or seized under this Act or the Offence Act is admissible in evidence as proof, in the absence of evidence to the contrary, of the document or other thing.
Part 9 – Miscellaneous
61 For greater certainty, nothing in this Act should be construed so as to abrogate or derogate from the protection provided for First Nation or treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982.
62 (1) A program to be known as the Species at Risk in British Columbia Stewardship Program is hereby established.
(2) The purpose of the program is to promote stewardship activities that relate to species listed on the species at risk list, including
(a) the preservation and rehabilitation of habitat, and the enhancement of other areas so that they can become habitat;
(b) the implementation of recovery strategies and management plans;
(c) public education and outreach programs relating to stewardship; and
(d) other activities to assist in the protection or recovery of species.
(3) As part of the program, the minister may make grants for the purpose described in subsection (2).
63 The minister may require the committee to make recommendations on any matter specified by the minister that relates to
(a) the role, in the administration of this Act, of the precautionary principle, which, as described in the United Nations Convention on Biological Diversity, states that, where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat;
(b) the development and delivery of incentive programs and stewardship programs, including the Species at Risk in British Columbia Program;
(c) the development and promotion of best management practices related to the protection, survival, and recovery of species;
(d) the development and delivery of public education and outreach programs;
(e) the preparation and implementation of recovery strategies and management plans under sections 11 and 12;
(f) the assembly of scientific knowledge, including community knowledge and First Nations traditional knowledge, that should be given to the committee to assist it in the classification of species;
(g) the role of agreements and permits under this Act in assisting in the protection and recovery of species;
(h) approaches that may be used under this Act to promote sustainable social and economic activities that assist in the protection, survival, or recovery of species;
(i) the regulations made under this Act; or
(j) such other matters as the minister may specify.
64 (1) The minister may establish and charge
(a) fees related to entering into agreements or issuing permits under this Act; and
(b) fees for the use of facilities, equipment, services or other things provided by the Ministry relating to species listed on the species at risk list.
(2) The minister may direct the refund of all or part of a fee if, in the minister’s opinion, it is equitable to do so.
(3) A person must pay any fees charged by the minister under this Act.
(4) Unpaid fees under this Act are a debt owed to the Crown and are recoverable in a court of competent jurisdiction.
65 The minister must ensure that the following information is made available to the public:
(a) general information about this Act and the regulations;
(b) the most recent information that the minister has received from the committee;
(c) all reports submitted to the minister by the committee;
(d) all recovery strategies, management plans, and ministerial statements;
(e) general information about the implementation of recovery strategies and management plans;
(f) general information about agreements and permits; and
(g) general information about the enforcement of this Act.
66 The Ministry may, for the purposes of this Act, collect personal information within the meaning of section 1 of the Freedom of Information and Protection of Privacy Act.
67 (1) This Act is binding on the Crown.
(2) Nothing in this Act prohibits any activity engaged in by the Ministry to assist in the protection or recovery of species listed on the species at risk list.
68 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1) and in consultation with the Scientific Committee on Endangered Species, the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing an area as the habitat of a species that is listed on the species at risk list for the purpose of the definition of "habitat" in section 1;
(b) governing the preparation of recovery strategies and management plans;
(c) prescribing any matter that this Act refers to as a matter prescribed by the regulations or as otherwise dealt with by the regulations;
(d) prescribing fees relating to the acquisition of permits.
Part 10 – Consequential Amendments
Environmental Assessment Act
69 (1) Section 11 of the Environmental Assessment Act, S.B.C. 2002, c. 43, is amended by adding the following subsection:
(2.1) The potential effects to be considered in the assessment must include impacts on species listed under the Species at Risk Protection Act and on their habitat.
(2) Section 14 of the Act is amended by adding the following subsection:
(2.1) The potential effects to be considered in the assessment must include impacts on species listed under the Species at Risk Protection Act and on their habitat.
This Bill enacts the Endangered Species Act, 2017, a piece of legislation intended to: protect species from becoming endangered, threatened, at risk, extirpated, or extinct; rehabilitate native species with dwindling populations; protect wildlife habitat; and safeguard complete ecosystems so they can remain balanced and self-regulated.