WCELRF Newsletter, Volume 19, Issue 6

What on Earth is Biodiversity?


Biodiversity is shorthand for biological diversity, a scientific concept that has gained currency in environmental, academic, legal, political and economic arenas. Scientists describe it as the totality of genes, species and ecosystems - all of life's diversity.

In other sectors of society, the term is often value-added. It recognizes the need to maintain the biological diversity of plant and animal life on Earth. It acknowledges the interdependency of all forms of life. It values the benefit, including the human benefit, of sustaining species - those science has recorded and those still being detected by field scientists. It affirms that to allow for their destruction without knowing the consequences to other forms of life, without knowing how they might benefit current and future generations, is short-sighted and reckless.

When a scientific concept, such as biodiversity, is widely adopted its importance is expressed in different words by different people. Here are the words of some well-known North Americans:

Canadian Facts

Marine Biodiversity

Biodiversity in the ocean receives far less attention than biodiversity on land. Less research has been done, fewer species have been identified as endangered or threatened and most

importantly, only a small fraction of the ocean has been set aside as a protected area. Although marine areas dominate the earth's surface, only about 13% of the world's protected areas are in the sea, one-third of which is represented by Great Barrier Reef Park in Australia.

In other words, approximately two-thirds of the planet's surface is unprotected. Of BC's 27,000 kilometers of coastline, only the two square kilometer Whytecliffe Marine Sanctuary in West Vancouver is a completely nonconsumptive zone in which harvesting of commercial and noncommercial organisms is prohibited. And the "no-take" designation in Whytecliffe is not permanent - fisheries closures must be renewed annually. There is a great need in the province for more designation of marine protected areas. The release of a draft marine protected areas strategy for BC is a welcome event to address this glaring need.

A recent workshop was held to galvanize non-governmental organizations to take more action on marine protected areas in the transboundary BC/Washington state region. The meeting was held June 21, 1995, in Point Roberts, and was organized by the Northwest Strait Sanctuary Coalition and the Sound in the Straits Coalition (People for Puget Sound and Georgia Strait Coalition). Presentations were made on the BC Washington Environmental Cooperation Council, the BC Marine Protected Areas Working Group, the proposed Northwest Straits National Marine Sanctuary, Marine Life Sanctuary Society of BC and other assorted marine biodiversity issues.

Small groups addressed the question of how Washington and BC can help each other in establishing marine protected areas in the transboundary region, and came up with three possible approaches: grassroots collaboration, state/provincial level cooperation and federal collaboration. The workshop participants agreed that establishing a transboundary marine protected area would be a good start, and pointed to valuable experience to

be gained from other transboundary joint management efforts such as the Great Lakes, the Tatshenshini-Alsek World Heritage Site and the Rocky Mountain Parks.

Another development at the workshop was the release of the draft Marine Protected Area Action Plan for BC The plan repeats the recommendation of the Marine Science Panel of the BC/Washington Environmental Council that establishment of marine protected areas is the second highest environmental priority for governments in the region (prevention of the loss of estuarine habitat is the first). The draft Marine Protected Areas Strategy for BC is an encouraging step forward for marine protected areas. Another welcome government initiative is the release of the federal Oceans Act which provides for the establishment of marine protected areas.

The provincial and federal government agencies working together intend to involve communities, NGOs, scientists, fishers, industries and other stakeholders.

Funding should be made available to NGOs for participation in research on sites for protected areas in the ocean, and for participation in development of the strategy.

As the Transboundary workshop demonstrated, many people are interested in expanding legal protection of representative and ecologically significant marine ecosystems. British Columbians value their connection to the ocean. More marine protected areas will ensure that this part of our biological heritage is preserved for future generations.

- Linda Nowlan

The Canadian Coalition for Biodiversity -
calling for action to preserve our environment

This is the goal of the Canadian Coalition for Biodiversity, which West Coast Environmental Law Association recently joined. Linda Nowlan, staff counsel, represents West Coast in this coalition. Other coalition members are Friends of the Earth Canada, the Canadian Nature Federation, the Canadian Biodiversity Institute, Falls Brook Centre, Rare Breeds Canada, Ocean Voice International and the Sierra Club of Canada. These groups share a commitment to the conservation of biodiversity - terrestrial, marine, wild and domesticated.

The Canadian government was one of the first countries to sign onto the UN Convention on Biological Diversity back in 1992. In compliance with the Convention, Canada then developed the Canadian Biodiversity Strategy and undertook a national inventory of biodiversity. Already 263 species have been noted on the list of Canadian species at risk. The federal government will soon release federal endangered species legislation which will help protect vanishing species and curb loss of biodiversity. Most Canadians are surprised to learn that currently there is no federal endangered species law, a major gap in our protection of biodiversity.

The Coalition plans to raise awareness about the ongoing loss of biodiversity in Canada, and the serious and tragic consequences of that loss. While public opinion polls have repeatedly shown that Canadians care deeply about some components of biodiversity - wilderness and wildlife - recent surveys indicate that they are in the dark concerning the larger concept. Of 1,500 Canadians surveyed by the Environics Research Group Ltd., only one-third thought they knew what biodiversity meant and a slim 19% accurately said it referred to the variety of life on Earth.

The Coalition is calling for:

The Coalition will release a series of fact sheets in the fall, on the implications biodiversity has for agriculture, forestry, health, tourism, the economy, parks, urban areas, and the law. Publications now available from the Coalition include: The Green School Biodiversity Booklet ($5.00) and a newspaper tabloid Protect Canada's Biodiversity (free).

How can you help? Support the goals of the Canadian Coalition for Biodiversity. You can make a difference by learning more about biodiversity understanding the threats to biodiversity, joining local monitoring programs (like bird counts), promoting biodiversity in your background (for example by installing a bird bath and bird feeder) and writing to politicians and other decision-makers to support the reforms suggested by the Coalition.

For more information about the Canadian Coalition for Biodiversity, please contact Linda Nowlan at our office (phone 604 684 7378).

Environmental Appeal Board (EAB) Considers Biodiversity

In order to preserve wetlands, plant life and wildlife, the EAB recently canceled five pesticide permits in the Bulkley Valley. The appeal (94/19 Pesticide) was brought by the Northwest BC Coalition for Alternatives to Pesticides (NBCCAP), the Environmental Choices Coalition, and three individuals (the Appellants), against eight British Columbia Ministry of Forests permits. The permits allowed the herbicide Vision to be sprayed over large areas of forestry land for brush control.

The permits were issued prior to receipt of a report containing evidence regarding wildlife and habitat considerations. The EAB found that the permits were void because the Deputy Administrator had failed to properly exercise his discretion under the Pesticide Control Act and had failed to fairly and adequately consider all evidence before making his decision. However, the Board did issue new permits for some of the areas: of the three permits which were reissued, two had significant areas removed based on the need to protect and maintain biodiversity.

Although the Board said that it is required by law to assume that valid federally registered pesticides are safe when used as directed, the Board also accepted the Appellants' concerns regarding Vision's effect on habitat and wildlife. The Board found that in many of the permits these concerns had not been adequately addressed:

Destruction of the deciduous trees and brush can affect the quantity and quality of nesting sites; browse for ungulates; cover for small animals and birds; and berries as a food supply for birds and bears.

The Board was also concerned about conserving alder, alder wetlands and an aspen component of the land. Plants, fresh water and species diversity played a fundamental role in the EAB's decision.

In its follow-up comments, the EAB recommended consultation with the local Community Resource Board before any future permit applications are made to the Deputy Administrator. This is important as the Community Resource Board allows a wide degree of public consultation.

The EAB concluded that, because of the inherent contradiction between maximizing timber and achieving other land use values, it is preferable to have land "set aside for alternative values rather than attempting to make working forestry land accommodate, in an unsatisfactory way, secondary values." To properly consider conflicting values and provide adequate time for public consultation, the Board also recommended that the Deputy Administrator require a minimum of six to nine months between the application for a permit and its issuance. This recommendation is important as it may allow time to ensure that ground surveys - often the only way to conduct a sufficiently detailed habitat assessment - can be done. Perhaps, in the future, ground surveys will become the norm for all areas in BC that require assessment.

The Bulkley Valley is located near Smithers, which has a mixed economy of forestry, secondary industries, and tourism (including wildlife viewing, hunting and skiing). Despite these diverse interests, maintenance of biodiversity won out in this case. Could this be the start of a trend toward a greater degree of consideration being given to biodiversity in decisions impacting the diverse sectors of the economy and the environment?

- Lisa McBain


The WCEL organizations are all non-profit and independent. We rely on donations and memberships to support our work. For $20 a year, you can become a member and receive the bi-weekly WCEL NEWS. For a donation of any amount we will send you a tax-creditable receipt. You can also specify that your United Way donation come to West Coast. Please support this important work and invest in environmental protection. Send your membership or donation to:

WCELRF, 1001 207 West Hastings, Vancouver, BC, V6B 1H7, Canada. Phone (604) 6847378; fax (604) 6841312; email wcelrf@unixg.ubc.ca. Printed on 100% recycled paper (not secondarily bleached or de-inked).


WCELRF Newsletter (ISSN #0715-4275), copyright 1995, is published by the West Coast Environmental Law Research Foundation and represents the work of the West Coast Environmental Law Groups. West Coast Environmental Law Research Foundation (WCELRF) does research and education and maintains an environmental law library. West Coast Environmental Law Association (WCELA) provides legal representation and promotes law reform. The West Coast Environmental Dispute Resolution Fund Society (WCEDRFS) provides assistance and funding to citizens to help solve environmental problems in their communities. The mission of the West Coast Environmental Law groups is to provide legal services to protect the environment and to foster public participation in environmental decision-making. We are grateful to the Law Foundation of British Columbia for core funding of the West Coast Environmental Law groups. Donations to West Coast Environmental Law Research Foundation and West Coast Environmental Dispute Resolution Fund Society are tax creditable. The biodiversity graphics on pages 1 and 3 are the copyright of the Canadian Coalition for Biodiversity. This issue was produced by Bill Andrews, Morgan Ashbridge, Jessica Clogg, Chris Heald, Ann Hillyer, Patricia Houlihan, Ted Lewko, Catherine Ludgate, Lisa McBain, Alexandra Melnyk, and Linda Nowlan.