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The Endangered Species Amendment Act

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S.M. 1993, c. 3

The Endangered Species Amendment Act

(Assented to July 27, 1993)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. E111 amended

1           The Endangered Species Act is amended by this Act.

2(1)        Section 1 is amended by adding the following definitions in alphabetical order:

"extirpated species" means a species declared to be an extirpated species under subsection 8(4); (« espèce déracinée »)

"indigenous", in reference to a species, means a species that is a breeding resident of Manitoba, or in some manner or degree occurs naturally in Manitoba, but does not include a species that was deliberately or accidentally introduced by people; (« indigène »)

2(2)        Section 1 is amended by repealing the definition "habitat" and substituting the following:

"habitat" means an area of land, water or air that contains the natural resources on which a species depends for its life cycle; (« habitat »)

3           Clauses 2(1)(b) and (c) are repealed and the following is substituted:

(b) to enable the reintroduction of extirpated species into the province; and

(c) to designate species as endangered, threatened, extinct or extirpated species.

4           Section 5 is amended

(a) in the French version, by striking out "du repeuplement" and substituting "de la réintroduction"; and

(b) by striking out "extinct" and substituting "extirpated".

5           Subsection 6(1) is amended

(a) in clause (b), by adding ", extirpated" after "threatened"; and

(b) in clause (d), by adding ", extirpated" after "endangered".

6           Subsection 7(1) is amended

(a) in the French version, by striking out "du repeuplement" and substituting "de la réintroduction"; and

(b) by striking out "extinct" and substituting "extirpated".

7           Section 8 is repealed and the following is substituted:

Endangered species

8(1)        Where the Lieutenant Governor in Council determines that a species indigenous to Manitoba is threatened with imminent extinction or with extirpation throughout all or a significant portion of its Manitoba range, the Lieutenant Governor in Council may, by regulation, declare the species an endangered species.

Threatened species

8(2)        Where the Lieutenant Governor in Council determines that a species indigenous to Manitoba

(a) is likely to become endangered; or

(b) is, because of low or declining numbers in Manitoba, particularly at risk if the factors affecting its vulnerability do not become reversed;

the Lieutenant Governor in Council may, by regulation, declare the species a threatened species.

Extinct species

8(3)        Where the Lieutenant Governor in Council determines that a species formerly indigenous to Manitoba no longer exists either in Manitoba or elsewhere, the Lieutenant Governor in Council may, by regulation, declare the species an extinct species.

Extirpated species

8(4)        Where the Lieutenant Governor in Council determines that a species formerly indigenous to Manitoba no longer exists in the wild in Manitoba but exists elsewhere, the Lieutenant Governor in Council may, by regulation, declare the species an extirpated species.

8           Subsection 9(1) is amended

(a) in clause (a), by striking out "or threatened species" and substituting "species, a threatened species or an extirpated species that has been reintroduced"; and

(b) in clause (b), by striking out "or threatened species" and substituting "species, a threatened species or an extirpated species that has been reintroduced,".

9           Subsection 10(1) is repealed and the following is substituted:

Prohibition

10(1)       No person shall

(a) kill, injure, possess, disturb or interfere with an endangered species, a threatened species, or an extirpated species that has been reintroduced;

(b) destroy, disturb or interfere with the habitat of an endangered species, a threatened species or an extirpated species that has been reintroduced; or

(c) damage, destroy, obstruct or remove a natural resource on which an endangered species, a threatened species or an extirpated species that has been reintroduced depends for its life and propagation.

10          Subsection 11(1) is repealed and the following is substituted:

Permits by minister

11(1)       A person may apply to the minister for, and the minister may issue to the person, a permit authorizing the person to

(a) kill, take, collect or capture; or

(b) collect or capture and hold alive;

members of an endangered or threatened species for scientific purposes or for purposes related to the protection or reintroduction of endangered, threatened or extirpated species.

11          Subclause 13(1)(a)(i) is amended by adding "or an extirpated species that has been reintroduced" after "endangered species".

Coming into force

12          This Act comes into force on the day it receives royal assent.