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Wildlife Management ~ Responsibilities
Wildlife Protection
Unlike the Park Act that assigns responsibilities to the minister appointed to oversee parks, the Wildlife Act creates powers but does not assign duties or requirements to the minister responsible to administer the Wildlife Act.
Authority assigned to the cabinet by the legislature
The cabinet can make Regulations authorizing the Minister responsible for the Wildlife Act to establish one or more of the following:
- an area as an ungulate winter range and objectives for the ungulate winter range
- an area as a wildlife habitat area and objectives for the wildlife habitat area
- a general wildlife measure (s.149.1). These objectives must be consistent with the general objectives set by the government that pertain to that area (s.149.1[2]).
The cabinet can also make Regulations:
- establishing criteria for classifying streams, wetlands, and lakes
- establishing riparian reserve, management zones, and areas (s.150.5)
- requiring individuals to carry out actions for maintaining or improving forest health, and establishing requirements for wildlife tree retention (s.150.5); and
- respecting forest and range resources (s.154).
Under the FRPA, the cabinet may make regulations on a number of topics. Regarding the prohibitions against damaging nature, cabinet has the power to make regulations respecting forest resources and range resources (FRPA, s.154). This includes regulations regarding resource features (FRPA, s.154[2]).
The cabinet may also make regulations respecting timber harvesting practices including but not limited to restricting or prohibiting a timber harvesting practice (FRPA, s.156) and requiring the holder of an agreement to take action to achieve a requirement of this Act or the regulations or to prevent damage to the environment (FRPA, s. 164).
Authority assigned to the minister responsible for wildlife by the government
Under the Government Action Regulation, the Minister responsible for the Wildlife Act (the Minister of Environment and Climate Change Strategy) directs how the B.C. provincial government establishes land designations or stewardship measures for forest and range values.
Authority assigned to the minister responsible for forests and range practices
The minister can make an order requiring an agreement holder under the Forest Act or Range Act to remedy, mitigate, or stop an act or omission that the minister reasonably believes will result in a contravention of the Acts and will or probably will cause any event or circumstance that will result in a free growing stand required under the act not being established, or any event or circumstance having an adverse impact on the environment (FRPA s.77).
| MEASURE | CONTENT |
| General Wildlife Measures | The Minister for the Wildlife Act may establish a general wildlife measure to be applied to a specific area, for a category of species at risk, regionally important wildlife or specific ungulate species, if satisfied that (a) the measure is necessary to protect or conserve the species and (b) the Government Action Regulation or another regulation doesn’t already otherwise provide for the protection or conservation of the species (Government Action Regulation, s.9[1]).. |
| Wildlife Habitat Areas | The Minister for the Wildlife Act may establish an area as a wildlife habitat area if satisfied that the area is necessary to meet the habitat requirements of a category of species at risk or regionally important wildlife (Government Action Regulation, s.10[1]).. |
| Wildlife Habitat Features | The Minister for the Wildlife Act may identify any or all of the following as a wildlife habitat feature: (a) a fisheries sensitive feature; (b) a marine sensitive feature; (c) a significant mineral lick or wallow; (d) a nest of a (i) bald eagle, (ii) osprey, (iii) great blue heron, or (iv) a category of species at risk that is limited to birds; (e) any other localized feature that the Minister responsible for the Wildlife Act considers to be a wildlife habitat feature, if satisfied that the wildlife habitat feature requires special management that has not otherwise been provided for under this regulation or another enactment (Government Action Regulation, s.11[1]). |
| Ungulate Winter Ranges | The Minister for the Wildlife Act may establish an area as an ungulate winter range if satisfied that (a) the area contains habitat that is necessary to meet the winter habitat requirements for a category of specified ungulate species, and (b) the habitat referred to in paragraph (a) requires special management that is not otherwise provided for under this regulation or another enactment (Government Action Regulation, s.12[1]). |
| Species at Risk & Regionally Important Species | The Minister for the Wildlife Act may establish one or more categories identifying species of wildlife as species at risk, if satisfied that the species are endangered, threatened or vulnerable (Government Action Regulation, s.13[1]). The Minister can also establish categories of species as “regionally important” if satisfied that the species are important to a region of B.C., rely on that habitat that requires special management, and may be adversely impacted by forest or range practices (Government Action Regulation s.13[2]). |
| Fisheries Sensitive Watersheds | The Minister for the Wildlife Act may identify as a fisheries sensitive watershed an area of land in a watershed that has significant downstream fisheries values and significant watershed sensitivity if satisfied that the area requires special management to protect fish, that is not otherwise provided for under this regulation or another enactment (Government Action Regulation, s.14[1]). |
| Temperature Sensitive Streams | The Minister for the Wildlife Act may designate a portion of a fish stream as a temperature sensitive stream if satisfied that (a) trees are required adjacent to the stream to manage the temperature of the designated portion for the protection of fish, and (b) management of the temperature of the designated portion is not otherwise provided for under this regulation or another enactment (Government Action Regulation, s.15) |
Restrictions on the actions of people and corporations under the Forest and Range Practices Act (FRPA)
A person must not carry out a forest practice, range practice, or other activity that results in damage to the environment unless: the person is acting in accordance with a plan, authorization or permit. Exceptions are made when a person is acting in accordance with the act or regulations or does not know and cannot reasonably be expected to know that the carrying out of the activity may result in damage specified by regulation (FRPA, s.46[1] [1.1]).
A person who contravenes the prohibitions in section 46 (1) or (1.1) must take appropriate action to prevent further damage, promptly notify the district manager of the damage, and take any remedial measures the minister requires under s.74 (FRPA, s.46[2]).
