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Federal government rejects emergency order to protect Northern Spotted Owl habitat

Members of Spuzzum First Nation 鈥渇urious鈥 at federal government
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Small Eyes, a Northern Spotted Owl, at the Spuzzum First Nation鈥檚 First Fish Ceremony on July 29, 2023. (Photo credit: Barbara Roden)

Members of Spuzzum First Nation are 鈥渇urious鈥 after the federal government reversed course on an emergency order to protect the endangered northern spotted owl.

Spuzzum Chief James Hobart said his nation鈥檚 anger comes after the Canadian Wildlife Service, a branch of the Department of Environment, informed him that the federal government would not carry out an emergency order to prevent logging in two watersheds in the Fraser Canyon.

鈥淐anada got it wrong. They followed the cue of the B.C. government and yet it doesn鈥檛 have a credible plan when it comes to the spotted owl nor proper consultation with First Nations about what happens in the owl鈥檚 habitat,鈥 sad Spuzzum First Nation Chief James Hobart. 鈥淭he province鈥檚 own logging agency, BC Timber Sales, continues to tell companies it鈥檚 business as usual and they can cut old-growth even in areas targeted for deferrals, that it鈥檚 up to them to decide. B.C. has turned its back on the last spotted owl.鈥

Earlier this year, the Federal Minister of Environment Steven Guilbeault said that he would recommend the emergency order to cabinet to protect the spotted owl from imminent threats to its recovery and survival.

However, in a letter announcing the reversal, the federal government is instead endorsing 鈥渁 collaborative approach鈥 with the Province and Indigenous communities after considering factors such as 鈥渟ocio-economic and legal impacts.鈥

The decision comes after an eight month delay, from Guilbeault, to make an emergency order recommendation to cabinet. In January of this year, after Wilderness Committee (WC) petitioned Guilbeault in October 2022, the minister determined that the 2,500 hectares of spotted owl habitat was at risk of being logged within the year. The logging, which takes place in the Fraser Canyon, poses a threat to the bird鈥檚 wild population recovery 鈥 which Guilbeault acknowledged.

Despite this, the WC said that Guilbeault 鈥渇ailed to make an emergency order recommendation to cabinet for eight months,鈥 forcing them to launch a court case in June to challenge the delay.

Now, after the cabinet鈥檚 decision, WC 鈥 represented by Ecojustice, an environmental law charity 鈥 is heading to court next Wednesday (Oct.18) to determine if the minister鈥檚 delay in recommending this emergency order to cabinet is permitted under the federal Species at Risk law.

鈥淭he minister has been required by law since January to recommend an emergency order,鈥 said Ecojustice lawyer Andhra Azevedo, who is representing WC 鈥淚nstead, the minister spent months 鈥榚ngaging鈥 with B.C., while B.C. made no new commitments to protect habitat and instead continued to approve logging. To state the obvious, we have emergency orders under the Species at Risk Act to respond to emergencies 鈥 what we鈥檝e seen by the minister and now cabinet is nowhere close to an emergency response.鈥

Currently there are three spotted owls, two males and one female, in the Fraser Canyon. The female was born in the wild. Meanwhile the males, named 鈥榮铆tist鈥 [te-syst] and 鈥榳铆kcn鈥 [week-chin], were released on July 25 into the protected habitat in the Fraser Canyon.

Their release, the second to take place, is part of a partnership between the province鈥檚 Spotted Owl Breeding and Release Program and Spuzzum First Nation, to help recover the wild northern spotted owl populations in B.C. S铆tist was originally released in August 2022, with two other males, as part of the program鈥檚 first release. Unfortunately, he was later found injured near train tracks in the Fraser Canyon. After being rehabilitated by the Orphaned Wildlife Society, he was returned to the program鈥檚 breeding facility in Langley.

Later, in May of this year, ministry staff confirmed that the two other males had died from unknown causes.

The spotted owls, who are known in Spuzzum鈥檚 language as Skel煤le? (Northern Spotted Owl is the name given by settlers of Canada), are seen as important relatives of the First Nation community, whose 鈥減resence are indicative of the health鈥 of the 鈥渞egion鈥檚 old-growth forests becasue of its independence on their ecosystems for survial.鈥

In the time leading up to the first release, the province worked with the First Nations in B.C. to protect more than 280,000 hectares of spotted owl habitat in the Cascade region under the Spotted Owl Management Plan 鈥 a territory that can support 250 owls. And, in hopes of supporting their population鈥檚 recovery, an old-growth logging ban was also extended for part of the Fraser Canyon (where the birds were released) for another two years.

Despite this, WC said that they documented sites where logging took place during the summer. And, with the emergency order rejected, it is believed that continued logging will prevent the recovery of the spotted owl鈥檚 wild population in B.C.; though the owl population faces a dire situation, Canadian Wildlife Service scientists said that the species鈥 recovery is possible through the reintroduction of the owls into the wild. However, the success of this reintroduction depends on the birds having enough of their old-growth habitat to establish a stable population.

鈥淒espite scientists and the federal environment minister identifying that B.C.鈥檚 approved logging posed an imminent threat to the spotted owl, the BC NDP government wants to continue old-growth logging and they have effectively pressured the federal cabinet to allow it,鈥 said Torrance Coste, the National Campaign Director for WC. 鈥淚f we do lose the spotted owl in Canada, responsibility will sit with Premier David Eby and B.C. ministers like George Heyman and Nathan Cullen 鈥 and the federal cabinet that went along with them.鈥

鈥 With files from The Canadian Press

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Kemone Moodley

About the Author: Kemone Moodley

I began working with the Hope Standard on August 2022.
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