Legal Protection Statement for the Critical Habitat of Gypsy Cuckoo Bumble Bee (Bombus bohemicus) in Kluane National Park Reserve of Canada

This statement describes how the critical habitat of Gypsy Cuckoo Bumble Bee (Bombus bohemicus) is legally protected on federal land and water within Kluane National Park Reserve of Canada. It is made by the Minister responsible for the Parks Canada Agency pursuant to paragraph 58(5)(b) of the Species at Risk Act S.C. 2002, c. 29 (SARA). All sections, subsections and paragraphs referenced in this statement are reproduced in full in the attached Appendix I.

The critical habitat of Gypsy Cuckoo Bumble Bee was identified in the Recovery Strategy for the Gypsy Cuckoo Bumble Bee (Bombus bohemicus) in Canada, as posted on the SAR Public Registry. The recovery strategy should be consulted for a detailed description of biological characteristics of this species, critical habitat, and examples of activities likely to result in the destruction of critical habitat.

Kluane National Park Reserve of Canada is a national park reserve listed on Schedule 2 to the Canada National Parks Act (CNPA), S.C. 2000, c. 32, which applies to park reserves (subsection 2(1) and section 39). Pursuant to subsection 6(4) of the Parks Canada Agency Act, the Parks Canada Agency is responsible for the administration and enforcement of the CNPA.

The CNPA provides legal protection against the destruction of critical habitat for the Gypsy Cuckoo Bumble Bee through the following provisions:

The protection measures listed above provide protection against destruction of critical habitat that may result from the activities likely to destroy as described in section 7.3 of the recovery strategy.

Appendix I

Parks Canada Agency Act, 1988, C.31

Subsection 6(4) The Agency is responsible for the administration and enforcement of the Acts listed in Part 1 of the schedule and any regulations made under those Acts and the regulations listed in Part 2 of the schedule.

Canada National Parks Act, S.C. 2000, c. 32

Subsection 2(1) The definitions in this subsection apply in this Act.

“ecological integrity”

means “... a condition that is determined to be characteristic of its natural region and likely to persist, including abiotic components and the composition and abundance of native species and biological communities, rates of change and supporting processes”

"park reserve"

means a national park reserve of Canada named and described in Schedule 2.

Subsection 8(2) Maintenance or restoration of ecological integrity, through the protection of natural resources and natural processes, shall be the first priority when considering all aspects of the management of parks.

Subsection 32(1) Where a substance that is capable of degrading the natural environment, injuring fauna, flora or cultural resources or endangering human health is discharged or deposited in a park, any person who has charge, management or control of the substance shall take reasonable measures to prevent any degradation of the natural environment and any danger to the fauna, flora or cultural resources or to persons that may result from the discharge or deposit.

Section 39 Subject to sections 40 and 41, this Act applies to a park reserve as if it were a park. Species at Risk Act, S.C. 2002, c. 29

National Parks General Regulations

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

(a) cause any excessive noise;
(b) conduct or behave in a manner that unreasonably disturbs other persons in the Park or unreasonably interferes with their enjoyment of the Park; or
(c) carry out any action that unreasonably interferes with fauna or the natural beauty of the Park.

National Parks Wildlife Regulations

Section 2 In these Regulations,

“exotic wildlife”

means “all wildlife that is not indigenous to a park or that has been declared, pursuant to these Regulations, to be

“wildlife”

“wildlife” means “all wild mammals, amphibians, reptiles, birds, fish, insects and other invertebrates and any part thereof, and includes their eggs and young”

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

(a) hunt, disturb, hold in captivity or destroy any wildlife within, or remove any wildlife from, a park;
(g) release any exotic wildlife within a park.

Species at Risk Act, S.C. 2002, c. 29

Subsection 58(5) Within 180 days after the recovery strategy or action plan that identified the critical habitat is included in the public registry, the competent minister must, after consultation with every other competent minister, with respect to all of the critical habitat or any portion of the critical habitat that is not in a place referred to in subsection (2),

(a) make the order referred to in subsection (4) if the critical habitat or any portion of the critical habitat is not legally protected by provisions in, or measures under, this or any other Act of Parliament, including agreements under section 11; or
(b) if the competent minister does not make the order, he or she must include in the public registry a statement setting out how the critical habitat or portions of it, as the case may be, are legally protected.