Environment committee  To use the example of polar bears, that was certainly a topic that was discussed at length at the polar bear round table in January. Indeed, COSEWIC has looked at the long-term implications for climate change on the polar bear in its status assessment. I think that's why they are pointing to the need to make sure harvesting is set properly, so there's a strong enough population base for the species to maintain.

Environment committee  I hope I haven't misled the committee, Chair. For woodland caribou, the gap is not in the listing. Caribou is a listed species and therefore afforded the protection of the act, so thou shalt not kill, harm, harass, take—

Environment committee  The second aspect where the challenge has been is identifying the critical habitat for caribou. Understanding caribou and their habitat needs, that's where the scientific challenge has been and that's where we've needed extra scientific work. The species is on the list and afforded the species protection provisions of the act.

Environment committee  I can speak more to the terrestrial and perhaps Pardeep would like to speak to the aquatic. A lot has to do with jurisdiction. Environment Canada has jurisdiction for migratory birds. We have a very mature act, the Migratory Birds Convention Act, and a lot of cooperation in North America and in fact in South America.

Environment committee  It was 38. They almost doubled.

Environment committee  Most of their actions to date have been with respect to the prohibitions under the act for killing, collecting such a species. For instance, there was a case not too long ago when someone was charged successfully under the act for collecting turtles in the wild. Their authorities will apply to protection of critical habitat.

Environment committee  One thing I should point out to the committee in light of the enforcement bill being tabled last week is because at the time that bill was being drafted and the Species at Risk Act referral to this committee was imminent, there was a decision that we shouldn't amend the Species at Risk Act via the enforcement bill.

Environment committee  The bilateral agreements, as I said, are meant to give the federal and provincial governments a good understanding of who will do what. They actually end up developing cooperative work plans and, where appropriate, sharing resources to get the job done. As I said, particularly from Environment Canada's perspective, often the knowledge, expertise, and many of the tools to protect a species or recover a species are actually sitting in the hands of a province.

Environment committee  The provinces do carry out activities. They often are doing recovery strategies under their own powers and their own authorities. Then they will provide those to Environment Canada. The act allows the environment minister to adopt an existing strategy or action plan. Often the federal government will adopt that provincial strategy.

Environment committee  We feel that these are essential to the implementation of the accord, the national framework, and the federal Species at Risk Act. That's why we have a high level of effort finalizing bilaterals with all jurisdictions.

Environment committee  Yes, we do consider the bilaterals to be key. We've seen, for example, that once we have the bilateral in place, and we have the committee that meets regularly and shares the priorities, shares the workload, we're making significant progress. It has helped build a better understanding among the governments that have signed a bilateral agreement and the federal government in terms of how SARA works, how we implement it.

Environment committee  No, they were all done on time, with scientific evidence.

Environment committee  I can probably explain best, Mr. Chair, with the short example of the piping plover. As I said, it breeds on the ground, and particularly in agricultural or beach recreation areas. We don't know why it picks an area, and it doesn't pick the same area year after year. So identification of critical habitat would require us to stop recreational activities and agricultural activities in the area identified as critical habitat.

Environment committee  That's where the importance of being sure of what you're doing comes in. You have to be able to identify it such that a farmer knows he can plough or cannot plough that area, because critical habitat has a prohibition against activities happening.

Environment committee  What I'm trying to explain is that it's a consequence of being sure, scientifically, of what you're identifying. Scientifically, we want to be sure of whether the piping plover are highly likely to nest in this area.