Mr. Speaker, I was saying, the fundamental goal of any endangered species legislation must be to ensure that no further native species go extinct and that already endangered species recover to healthy and self-sustaining levels. To do this we need to use the most effective, efficient and fair methods possible.
The federal government has jurisdiction over the management and preservation of wildlife on federal lands. Likewise, the provincial governments have jurisdiction over the management and preservation on all non-federal lands.
I understand that currently only four provinces have endangered species legislation: Manitoba, Ontario, Quebec and New Brunswick.
Farmers and ranchers in Saskatchewan are concerned this type of legislation will prevent them from doing what they want with their own land. They are afraid governments will annex part of their land if an endangered species makes its habitat on their property. Farmers and ranchers are not against the protection of endangered species and populations. Farm owners, landowners and land leasers are respectful of our duty to protect all species with which we share this planet.
Any legislation must first consider the rights of the private landowner. By considering their rights we will then be able to find a co-operative solution to the preservation of endangered species.
My constituents who are farmers and ranchers certainly do not want to have any legislation thrown at them telling them how they ought to regulate their land. They must not be ignored. Farmers and ranchers are the closest to the land and are familiar with the animals that are endangered species and what needs to be done to ensure their survival. It is the duty of responsible government to sit down with those most affected by such legislation and find a common solution.
Recently United States officials under the U.S. Endangered Species Act shut down a portion of a west coast logging operation in order to save the spotted owl. This was economically disastrous for several communities. We are aware of the extreme measures taken by the U.S. Not only were they irrational but they do not in any way take the private citizen's concerns and rights into account.
The U.S. Endangered Species Act compliance process for single family residential lots states that only a recent issuance of a proclamation by the U.S. Fish and Wildlife Services has changed this regulation. The United States has spent approximately $825 million and has not recovered one species.
Some member from across the floor might say the U.S. measures are draconian and that this government would never follow such a lead. Let me remind Liberal members that the Minister of the Environment is a follower of U.S. practices. The U.S. banned the additive MMT in unleaded gasoline and the Minister of the Environment followed suit. The U.S. is considering a ban on sulphur and so watch for the minister to be trapped and only a step behind on this one as well.
Bill C-275 is not similar to legislation currently practised in the United States. The bill's scope is to protect only species on federal lands. Like most legislation that comes from the government side, it flirts with that slippery slope concept.
We are concerned, as I know landowners in my part of the country are, that the Minister of the Environment may be using this as a test case to bring forward some severe legislation not balanced and not fair to landowners but protecting endangered species, which we all share a concern about.
Clause 9(1)(a) states in part that the minister "may make regulations forbidding or restricting any use of, access to, activity on, or the release of any substance on, federal lands that are public
lands". Clause 9(1)(b) states in part "federal lands that are private lands".
If crown land is leased to a private rancher, which I assume occurs in some parts of Canada, does that mean the control of the land is under the jurisdiction of the crown or the leasee? When I mentioned the slippery slope, this is exactly what I am referring to.
Perhaps the sponsor of the bill, the member for Davenport, might provide me with further clarification of this section and I would appreciate it.
Clause 3(2) of the bill states:
For greater certainty, nothing in this act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.
Endangered species legislation should apply equally to all Canadian citizens. There can be only one set of laws applied equally to everyone in Canada. If the government is serious about the protection of species it cannot predetermine which federal land will part of this jurisdiction and which will not; it is either all or nothing.
Furthermore the Minister of the Environment has stated all Canadians share responsibility for ensuring that species are not lost to extinction as a result of human activities. I hope the minister when drafting her legislation will make certain that all Canadians will really mean all Canadians.
On August 17, 1995 the Minister of the Environment introduced a legislative proposal dealing with endangered species. It was called the Canadian Endangered Species Protection Act. Its intent was for consultation purposes with a hope that legislation would be introduced in the late fall. As of now Canada does not have any legislation dealing with endangered species. I was recently told that even the minister did not know that such legislation was absent in Canada.
This causes me and some of my constituents great concern, not the minister's lack of knowledge of her own portfolio but rather that she will now try to bring in legislation as quickly as possible in order to make a mark for herself. A responsible government would not do such a thing and therefore I ask the environment minister to make sure she not only has the environmental activists on her side but the industrial and agricultural communities as well.
It is extremely important to find common ground between all interested parties. Decisions on endangered species legislation should not be made hastily.
The Western Stock Growers Association has outlined five goals that go a long way in protecting endangered species without unnecessary intrusive government legislation. I bring these to the attention of the House.
First, land goals: they should be to maintain productive capacity for producing food and feed through sustainable development; management of habitat for both domestic livestock and wildlife; control access to such lands to limit disturbance to all species; empower the land holder to make appropriate management decisions.
Second, people goals: allow local stakeholders a voice in the process; maintain the necessities of life and maintain the quality of life, particularly life in rural Canada.
Third, financial goals: determine all of the direct and indirect costs of protection; determine all of the economic impacts and all benefits; preparation of a comprehensive budget to show how and by whom the action plan will be paid.
Fourth, government goals: create a regulatory environment that facilitates flexible responses to endangered species management and avoids coercion of land holders; provide integration of funding of the foregoing processes; facilitate management by land holders.
I commend the member for Davenport on his bill. He has been a member in the House for some time and has been a champion for environmental causes. For this he should be applauded.
Should the bill make it to the Standing Committee on the Environment and Sustainable Development I hope the member for Davenport, the chair of the committee, will seek witnesses from all interested parties. I hope he will allow individual ranchers and farmers to appear so that the committee will hear from those who would be directly affected by his legislation.
I could spend a bit of time talking about some of the hoops American landowners have been put through by the endangered species legislation in the United States but I do not have time. I hope the member for Davenport and, more important, the Minister of the Environment become familiar with these issues.
Saskatchewan on two occasions, first under a New Democratic government and second under a Conservative government, attempted to introduce endangered species legislation without properly consulting all the stakeholders involved, particularly the landowners.
Landowners are certainly conservationists. They are environmentalists. They have the best interest of the land they are stewards of and the species that live on that land at heart. Coming from an area on the South Saskatchewan River, the river valley, it has been a joy to watch species flourish and live in harmony with nature and with the people who are the stewards of the land both for cultivation and for grazing of livestock.
There can be a co-operative approach to protecting endangered species and not limiting the rights of landowners and the lessees of crown land.
I implore the government and the Minister of the Environment to pursue that approach. I also encourage the member for Davenport in his legislation, should it go farther than this point in the House, to be willing to look at amendments to his bill that might respect the rights and interests of land owners in this whole situation.