Working Together to Protect

Spaces and Species in

New Brunswick Report of the Annual Conference of the

New Brunswick Biodiversity Collaborative New Brunswick Environmental Network February 11, 2020

Contents EXECUTIVE SUMMARY ...... 4 AGENDA ...... 7 A Pan-Canadian Approach to Transforming Species-at-risk Conservation in Canada ...... 9 Sue Abbott, Canadian Wildlife Service ...... 9 Pathway to Target 1: Land Conservation in New Brunswick & CWS-Atlantic’s Protected Areas Program ...... 9 Matthew Mahoney, Canadian Wildlife Service ...... 9 Protecting Priority Places, Species, and Habitats: The Role of the Government of New Brunswick ...... 10 Steve Gordon, New Brunswick Department of Natural Resources and Energy Development ...... 10 Featured Projects I ...... 11 Transforming our Approach to Species-at-risk: Prioritizing Actions for Recovery in the St. John River Watershed, Simon Mitchell, World Wildlife Fund Canada ...... 11 Priority Place Project in St. John River Valley-Wolastoq, Maureen Toner, New Brunswick Department of Natural Resources and Energy Development ...... 11 A Community of Practice to Protect and Recover Species-at-risk on the Chignecto Isthmus, Josh Noseworthy, Nature Conservancy of Canada ...... 11 Building a Two-eyed Seeing Community-based Species-at-risk Conservation Framework in Coastal Zones of Eastern New Brunswick, Shaylyn Wallace, Nature Trust of New Brunswick, and Arielle Demerchant, New Brunswick Department of Natural Resources and Energy Development ...... 11 Agricultural Species-at-risk and Biodiversity Conservation in New Brunswick (SARPAL), Rebecca Sharp, Nature NB ...... 12 Monitoring of Seabird populations on Machias Seal Island and the Gulf of Maine Ecosystem, Heather Major, University of New Brunswick ...... 12 Overview of Indigenous Protected and Conserved Areas & Indigenous Circle of Experts Report ...... 12 Larry Innes, Lawyer and Partner at Olthuis, Kleer, Townshend LLP, NWT ...... 12 Indigenous Protected and Conserved Areas (IPCA) Projects in New Brunswick ...... 13 Wolustokwiyl/Maliseet Indigenous Protected and Conserved Area (WMIPCA), Maliseet Nation Conservation Council ...... 13 New Brunswick Mi’gmaq Indigenous Protected and Conserved Areas Proposal, Mi'gmawe'l Tplu'taqnn Incorporated (MTI) ...... 14 Establishing the Skutik Indigenous Protected and Conserved Area (IPCA) in New Brunswick, Canada, Peskotomuhkati Nation at Skutik ...... 14 New Brunswick Mi’gmaq Indigenous Protected and Conserved Areas, Fort Folly First Nation ...... 14 Featured Projects II ...... 14 Natural Heritage Conservation Program, Paula Noel, Nature Conservancy of Canada ...... 14 Habitat Conservation Strategies – Baie De Chaleur – Restigouche River Bioregion, Elaina Geauvreau, University of New Brunswick, and Al Hanson, Canadian Wildlife Service ...... 14 Conserving Wetlands within the Eastern Habitat Joint Venture to support the North American Waterfowl Management Plan, Carli Leroux, Nature Trust of New Brunswick ...... 15 Biodiversity 2020: Working together to protect Spaces and Species in New Brunswick - Conference Report 2

Implementation of Activities Supporting the Eastern Habitat Joint Venture in Atlantic Canada, Jana Cheverie, Ducks Unlimited Canada, and Heidi Harding, University of New Brunswick ...... 15 Co-development of an Effective Habitat Restoration Framework for Atlantic Salmon, American Eel and Atlantic Sturgeon in the Restigouche River Watershed and Estuary, Miriam Lebeau, Gespe’gewaq Mi’gmaq Resource Council ...... 16 EVALUATIONS ...... 17 ACKNOWLEDGMENTS ...... 17 APPENDIX A: PARTICIPANTS ...... 18

Biodiversity 2020: Working together to protect Spaces and Species in New Brunswick - Conference Report 3

EXECUTIVE SUMMARY

The conference “Biodiversity 2020: Working Together to Protect Spaces and Species in New Brunswick” was held at the Fredericton Inn, in Fredericton, NB, on February 11, 2020. This conference was organized by the New Brunswick Environmental Network (NBEN), under the umbrella of the New Brunswick Biodiversity Collaborative. A total of 76 people from a range of different sectors attended the conference, including provincial government, federal government, conservation and environmental organizations, as well as post-secondary institutions.

This year’s theme focused on biodiversity and land conservation projects being launched under Environment and Climate Change Canada’s new Canada Nature Fund. The objectives of the conference were to:

 Enhance knowledge of place-based projects and initiatives funded through the Canada Nature Fund in New Brunswick,  Provide an opportunity for partnerships to develop on Canada Nature Fund or other biodiversity projects,  Link current work to the provincial Biodiversity Strategy management outcomes.

In order to meet these objectives, the agenda included various presentations, group discussions, and an indigenous panel discussion. The outcomes were achieved thanks to the support of the Biodiversity Collaborative Steering Committee, the dedication and enthusiasm of the presenters, and the participants’ engagement.

The day started with a welcome and a round of introductions. This was followed by an opening ceremony performed by Elder Edward Perley of the Tobique First Nation. The first three presenters of the day provided background on the Canada Nature Fund and its priorities, to set the stage for the rest of the day.

The first presenter, Sue Abbott of the Canadian Wildlife Service (CWS-ECCC), the Species-at-risk (SAR) Stream of the Canada Nature Fund (CNF). She presented the strategy developed for a pan-Canadian approach to species-at-risk conservation programs under the new fund. This presentation highlighted the various components of the CNFSAR, such as the priority place initiative, the priority sectors and threats, priority species, indigenous partnerships initiative, and aquatic species-at-risk (administered by DFO).

The second major focus of the CNF is dedicated to land conservation, the Spaces Stream. To present the strategy to attain Canada’s new land conservation goals, Matthew Mahoney of the Canadian Wildlife Service presented the funding structure to reach the Pathway to Target One Challenge of conserving 17% of land and freshwater, and 10% of coastal and marine areas by the end of 2020.

These two introductory pieces were followed by a presentation from Steve Gordon of the New Brunswick Department of Natural Resources and Energy Development (DNRED). This piece summarised the three CNF projects that are co-lead by the Government of New Brunswick, and the role of government in managing and protecting wildlife and natural areas in NB.

Up next was the first round of a World Café-style showcase, during which presenters gave short presentations on their CNF project to small groups of participants. There were two rounds of World Café during the day, with six presenters in the morning (Featured Projects Part I) activity and five presenters in the afternoon (Featured Projects Part II). Biodiversity 2020: Working together to protect Spaces and Species in New Brunswick - Conference Report 4

During Featured Projects Part I, Simon Mitchell (World Wildlife Fund) presented their Priority Threat Management approach for species-at-risk conservation in the St. John / Wolastoq River watershed. Maureen Toner (DNRED), presented their Priority Place project for species-at-risk in St. John River Valley- Wolastoq River watershed. Josh Noseworthy (Nature Conservancy of Canada - NCC), presented their community of practice to protect and recover species-at-risk on the Chignecto Isthmus. Stepping in for Jennifer White (NCC) who was unfortunately sick the day of the conference, was Shaylyn Wallace (Nature Trust of New Brunswick - NTNB) and Arielle DeMerchant (DNRED), presented their community-based species-at-risk conservation framework in coastal zones of Eastern New Brunswick. Rebecca Sharp (Nature NB), presented their initiative on species-at-risk conservation in the agricultural sectors of New Brunswick (SARPAL). Finally, Heather Major (UNB), presented their project that focuses of the monitoring of the seabird populations on Machias Seal Island and in the Gulf of Maine Ecosystem.

After lunch, a presentation was given remotely by Larry Innes, a lawyer and partner at Olthuis, Kleer, Townshend LLP in the Northwest Territories. This half hour piece focused on providing background information on Indigenous Protected and Conserved Areas (IPCAs) and the legal framework model for recognition of existing and emerging Indigenous designations, as defined in the Indigenous Circle of Experts report, “We Rise Together: Indigenous Circle of Experts, March 2018”.

Having provided the context for IPCAs, the next segment featued a panel of Indigenous groups who presented their IPCA projects. Joining us remotely was Patricia Saulis of the Maliseet Nation Conservation Council, who presented their Wolastoq Maliseet Indigenous Protected and Conserved Area project (WMIPCA). Other panelists were Tracy Ann Cloud of Mi'gmawe'l Tplu'taqnn Incorporated (MTI), Darran O’Leary from the Peskotomuhkati Nation at Skutik, and Anne Dobson from Fort Folly First Nation. The panel was moderated by Harry Sappier from the Peskotomuhkati Nation at Skutik.

Following the afternoon break, the second session of World Café began, Featured Projects II. Paula Noel (NCC) presented the private land acquisition initiative that took place under the Natural Heritage Conservation Program. Al Hanson (CWS-ECCC) and Elaina Geauvreau (UNB) presented on the development of a habitat conservation strategy for the Baie De Chaleur – Restigouche River bioregion. Carlie Leroux (NTNB) presented a project lead by the Island Nature Trust to support the North American Waterfowl Management Plan (NAWAMP). Jana Cheverie (Ducks Unlimited Canada - DUC) and Heidi Harding (UNB) presented their research project on suitable and available habitat for cavity-nesting ducks in the St. John River / Wolastoq watershed. Miriam Lebeau (Gespe’gewaq Mi’gmaq Resource Council - GMRC) presented their project on habitat threat assessment using LiDAR data and the co-development of an effective habitat restoration framework for Atlantic salmon, American eel, and Atlantic sturgeon in the Restigouche River watershed and estuary.

The last segment of the day was reserved for place-based breakout discussion groups, based on the region of interest of the participants. The intent of these conversations was to identify opportunities for collaboration in each region and to identify links between the projects and the provincial Biodiversity Strategy’s management outcomes. The three breakout discussion groups were focused on the Saint John / Wolastoq River watershed, the Chignecto Isthmus & Bay of Fundy area, and the Northumberland Straight & Acadian Peninsula.

To wrap up the day, Vanessa Roy McDougall, Executive Director of Nature NB and chair of the Biodiversity Collaborative Steering Committee, shared some key takeaway messages of the day and some

Biodiversity 2020: Working together to protect Spaces and Species in New Brunswick - Conference Report 5 words of thanks on behalf of the Steering Committee members. Elder Edward Perley then performed the closing ceremony.

Biodiversity 2020: Working together to protect Spaces and Species in New Brunswick - Conference Report 6

AGENDA

9:00 Registration and networking Introduction & Opening Raissa Marks, New Brunswick Environmental Network 9:30 Ceremony Elder Edward Perley, Tobique First Nation Species-at-risk Conservation: Sue Abbott, Canadian Wildlife Service A pan-Canadian Approach to 9:50 Transforming Species-at-risk Conservation in Canada Pathway to Target 1: Land Conservation in New 10:15 Matthew Mahoney, Canadian Wildlife Service Brunswick & CWS-Atlantic’s Protected Areas Program Priority Places, Species, and Habitat Protection: The Role 10:40 Steve Gordon, Department of Natural Resources and Energy Development of the Government of New Brunswick 11:05 Break 1) Transforming our Approach to Species-at-risk: Prioritizing Actions for Recovery in the St. John River Watershed, Simon Mitchell, World Wildlife Fund 2) Priority Place project in St. John River Valley-Wolastoq, Maureen Toner, Department of Natural Resources and Energy Development 3) A community of practice to protect and recover species-at-risk on the Chignecto Isthmus, Josh Noseworthy, Nature Conservancy of Canada 11:20 Featured Projects I 4) Building a two-eyed seeing community-based species-at-risk conservation framework in coastal zones of Eastern New Brunswick (CNPP Acadian Peninsula), Jennifer White, Nature Conservancy of Canada 5) Agricultural Species-at-risk and Biodiversity Conservation in New Brunswick (SARPAL), Rebecca Sharp, Nature NB 6) Monitoring of Seabird populations on Machias Seal Island and the Gulf of Maine Ecosystem, Heather Major, University of New Brunswick 12:10 Lunch Indigenous Protected and Recognizing Indigenous Rights, Indigenous Protected Conserved Areas (IPCA) and Conserved Areas, Larry Innes, Lawyer and Partner at Olthuis, Kleer, Projects in New Brunswick Townshend LLP, NWT Project Presenters: 1) Wolustokwiyl/Maliseet Indigenous Protected and Conserved Area, Patricia Saulis, Maliseet Nation Conservation Council 1:15 2) New Brunswick Mi’gmaq Indigenous Protected and Conserved Areas Proposal, Tracy Ann Cloud, Mi'gmawe'l Tplu'taqnn Incorporated 3) Establishing the Skutik Indigenous Protected and Conserved Area (IPCA) in New Brunswick, Canada, Darran O’Leary, Peskotomuhkati Nation at Skutik 4) New Brunswick Mi’gmaq Indigenous Protected and Conserved Areas, Anne Dobson, Fort Folly First Nation Moderator: Harry Sappier, Peskotomuhkati Nation at Skutik 2:30 Break 1) Natural Heritage Conservation Program, Paula Noel, Nature Conservancy of Canada 2:45 Featured Projects II 2) Habitat Conservation Strategies – Baie De Chaleur – Restigouche River Bioregion, Elaina Geauvreau, University of New Brunswick, Al Hanson, Canadian Wildlife Service

Biodiversity 2020: Working together to protect Spaces and Species in New Brunswick - Conference Report 7

3) Conserving Wetlands within the Eastern Habitat Joint Venture to support the North American Waterfowl Management Plan, Carli Leroux, Nature Trust of New Brunswick 4) Implementation of Activities Supporting the Eastern Habitat Joint Venture in Atlantic Canada, Jana Cheverie, Ducks Unlimited Canada, and Heidi Harding, University of New Brunswick 5) Co-development of an effective habitat restoration framework for Atlantic salmon, American eel, and Atlantic sturgeon in the Restigouche River watershed and estuary, Miriam Lebeau, Gespe’gewaq Mi’gmaq Resource Council 6) St. Croix River Habitat Connectivity Alternatives for Migratory Fishes, Harry Sappier, Peskotomuhkati Nation at Skutik Networking for collaboration: 1) St. John River Watershed 3:40 Place-based break-out 2) Chignecto Isthmus & Bay of Fundy discussions 3) Northumberland Straight & Acadian Peninsula Wrap up & Closing Ceremony Vanessa Roy-MacDougall, Nature New Brunswick 4:15 Elder Edward Perley, Tobique First Nation

Biodiversity 2020: Working together to protect Spaces and Species in New Brunswick - Conference Report 8

A Pan-Canadian Approach to Transforming Species-at-risk Conservation in Canada

Sue Abbott, Canadian Wildlife Service

Sue Abbott presented the first part of the introduction of the new Canada Nature Fund, a historic investment of $1.35 billion over five years towards nature conservation announced in the federal budget 2018. Through this transformational investment in conservation of Canada’s ecosystems, landscapes, and biodiversity, including species-at-risk, in partnership with others, the federal government will support nature conservation and protection activities, including conserving and protecting at least 17% of land and freshwater, protecting and recovering species-at-risk and their habitats, and improving Canada’s natural environment.

This new funding program is divided into two main categories: Spaces and Species. This presentation gave an overview of the Species Stream, and the Pan-Canadian approach to transforming species-at-risk conservation strategy in Canada.

This Pan-Canadian approach to species-at-risk recovery is divided into 4 categories as follows:

1. Priority Places for Species-at-risk a. Federal-Provincial-Territorial Priority Places b. Community-nominated Priority Places 2. Priority Sectors & Threats a. Three key sectors: i. Agriculture ii. Forestry iii. Urban development b. Three key threats: i. Invasive alien species ii. Wildlife disease iii. Illegal wildlife trade 3. Priority Species-at-risk 4. Indigenous Partnerships Initiative

There is a shared agreement between the Federal, Provincial and Territorial governments on the need to transform approaches to species-at-risk (SAR) and biodiversity conservation. The approaches need to shift from single-species projects to more multi-species and ecosystem-based approaches, from broad and independent effort to more targeted and collaborative, and from assessment and planning to more emphasis on implementation.

Pathway to Target 1: Land Conservation in New Brunswick & CWS- Atlantic’s Protected Areas Program

Matthew Mahoney, Canadian Wildlife Service

Matthew Mahoney presented the second part of the introduction of the new Canada Nature Fund, giving an overview of the second major category: the Spaces Stream. The Spaces Stream is focused on land conservation goals, divided into sub-categories:

1. Protected and Conserved Areas a. Target 1 Challenge b. Quick Start

Biodiversity 2020: Working together to protect Spaces and Species in New Brunswick - Conference Report 9

c. Indigenous Protected and Conserved Areas (IPCAs) 2. Natural Heritage Conservation Program

These funding programs are strategically designed to reach the Pathway to Target 1 Challenge. The Canada Target 1 is the first of 19 targets under Canada’s 2020 Biodiversity Goals and Targets, and is as follows:

“By 2020, at least 17 per cent of terrestrial and inland water, and 10 per cent of coastal and marine areas of Canada are conserved in New Brunswick the objective is 10% by the end of 2020.”

The objective of the Quick Start was to build momentum for Pathway to Target 1 and demonstrate progress in 2018- 2019 by advancing nearly-ready Indigenous, provincial, territorial, municipal, and private protected and conserved areas. There were two Quick Start project in New Brunswick: (a) Nature Trust of New Brunswick securing several properties throughout the province; and (b) Ducks Unlimited – Shepody National Wildlife Area.

Indigenous Protected and Conserved Areas (IPCAs) are lands and waters where Indigenous people have a leadership role in protecting and conserving cultures and ecosystems through Indigenous laws, governance, and knowledge systems. There are 4 IPCA projects in New Brunswick, led by Mi’gmawe’l Tplu’taqnn Inc. (MTI), Maliseet Nation Conservation Council (MNCC), Passamaquoddy Recognition Group Inc. (PRGI), and Fort Folly First Nation.

The Natural Heritage Conservation Program’s objective is to support private land acquisition by third parties. There was an investment of $100 million over four years for this program (2019-2023). The objective is to conserve 200,000 hectares to count towards the Target 1 objective and protection of habitat for recovery of species listed under the federal Species-at-risk Act.

In addition to the land conservation programs under the Canada Nature Fund, Matthew also spoke about the Ecological Gifts Program supported by ECCC, and the National Wildlife Areas and Migratory Bird Sanctuaries program led by Environment and Climate Change Canada.

Protecting Priority Places, Species, and Habitats: The Role of the Government of New Brunswick

Steve Gordon, New Brunswick Department of Natural Resources and Energy Development

Steve Gordon presented on the role of the New Brunswick Government in the new objectives for land conservation and species-at-risk recovery, as well as the overall regulations that are in place and managed by the provincial government. There are 3 Canada Nature Fund projects that are co-led by the province:

1. Connecting Forest Management with Critical Habitat Protection - Develop mechanisms for integrating the conservation of species-at-risk and their habitat within NB’s current regulatory framework, apply it on the forest landscape, and measure its impact and effectiveness. 2. St. John River Priority Place for Species-at-risk - This integrated, ecosystem-based initiative aims to maximize multi-species and biodiversity conservation benefits by strengthening partnerships, building strategic synergies and aligning investments. 3. Pathway to 10% - NB’s response to Canada Target 1, committed to increasing the amount of protected areas in the province.

The work that is currently underway includes identifying opportunities to establish new conservation sites, consulting the best available knowledge such as existing conservation plans and strategies, supporting indigenous- led conservation initiatives, and engaging with citizens and communities.

The role of the provincial government is to use this unprecedented opportunity to make progress on biodiversity conservation, to build new and strengthen existing working relationships for collaboration, and to contribute to reconciliation with First Nations.

Biodiversity 2020: Working together to protect Spaces and Species in New Brunswick - Conference Report 10

Featured Projects I

Transforming our Approach to Species-at-risk: Prioritizing Actions for Recovery in the St. John River Watershed, Simon Mitchell, World Wildlife Fund Canada

Simon Mitchell presented WWF-Canada’s new approach to conservation, a strategy called Priority Threat Management (PTM) to be implemented within the St. John River watershed over the next three years. The approach maximizes the conservation effort for targeted species of concern by determining the recovery actions with the highest probability of success for a given cost.

The first steps of the development of this tool were consultations with stakeholders, rights holders, and experts in conservation and management in the Wolastoq/Saint-John River watershed. The next phase is the development of the tool, that identifies cost-effective strategies to manage habitat threats and their impact on the biodiversity of the watershed. Priority Place Project in St. John River Valley-Wolastoq, Maureen Toner, New Brunswick Department of Natural Resources and Energy Development

Maureen Toner presented on their co-led project to assist groups working in the Wolastoq/Saint-John River Watershed for species-at-risk conservation work. The first phase of this project is to collect foundational information to make informed and strategic decisions. They will be looking for existing recovery strategies for SAR in the watershed. They will undertake an asset mapping of the capacities of the groups working in the St. John River watershed, to assess existing capacity and capacities that these groups would like to increase. This step will help identify conservation partners and help them design workshops that will be beneficial for these groups. The second phase will have them entering into consultations regarding SAR and habitat threats, priorities and target species, and planning. The third phase will be the implementation of conservation projects, providing seed money to assist groups to achieve their targets. They will monitor the outcomes of the actions and activities, and evaluate and assess how to make these projects better. A Community of Practice to Protect and Recover Species-at-risk on the Chignecto Isthmus, Josh Noseworthy, Nature Conservancy of Canada

Josh Noseworthy presented on NCC’s project in the Chignecto Isthmus, a Community Nominated Priority Place. The Chignecto Isthmus is the land bridge that connects Nova Scotia to the rest of the land mass. The area is relatively small and has no distinct border, but it is largely affected by the surrounding areas. The migrations of wildlife are constrained by human development. The project involves the development of a plan to protect this area. The scope is also expanded to include Indigenous cultural values.

They will be using the Open Standards process, using adaptive management and updating the plan as new information comes in. They will create a new living document, assessing the work and adapting as a team to make it a success. They have hosted four workshops to date. A finalized plan is expected at the end of the second year. The main actions include private land acquisition, and working with engineers to assess the impacts of sea level rise and connectivity on the area. Building a Two-eyed Seeing Community-based Species-at-risk Conservation Framework in Coastal Zones of Eastern New Brunswick, Shaylyn Wallace, Nature Trust of New Brunswick, and Arielle Demerchant, New Brunswick Department of Natural Resources and Energy Development

Shaylyn Wallace and Arielle Demerchant presented on a co-led project between the New Brunswick Nature Trust, the Nature Conservancy of Canada and the Department of Natural Resources and Energy Development. The goal of Biodiversity 2020: Working together to protect Spaces and Species in New Brunswick - Conference Report 11 this three-year project is to nominate five communities along the coast of Eastern New Brunswick, from Campbellton to Shediac, as champions for community based actions for species-at-risk.

The goal is to find species-at-risk of significance in a designated community, to nomination champions such as NGOs and other community groups, and to provide them with tools and resources to mitigate threats to the SAR. They are planning to reach out to NGOs working in these areas for discussion. They will do open houses in each community in order to assess capacities and conduct surveys to understand their thoughts of how their community can help. Agricultural Species-at-risk and Biodiversity Conservation in New Brunswick (SARPAL), Rebecca Sharp, Nature NB

Rebecca Sharp presented the Species-at-risk Partnerships on Agricultural Lands (SARPAL), a community of practice being developed to work with the agricultural community to facilitate the recovery of species-at-risk on agricultural lands through voluntary stewardship actions related to critical habitat. The COP will be made up of government, non-profit organizations, farmers, and other stakeholders. This COP will help with building partnerships for collaboration and information sharing.

The project also aims to develop a Best Management Practices (BMPs). The goal is to identify threats and develop protection strategies for the habitats of these agricultural species-at-risk impacted in those areas, such as bobolinks, wood turtles, etc. They will be working with farmers to find ways to compensate them for changes to their procedures that will benefit wildlife. Monitoring of Seabird populations on Machias Seal Island and the Gulf of Maine Ecosystem, Heather Major, University of New Brunswick

Heather Major presented on their ongoing and upcoming work on seabirds on Machias Seal Island in the Bay of Fundy/Gulf of Maine. Seabird colonies are being monitored for breeding numbers, the food they are bringing into the colonies, the number of predated nests, etc. Several species of birds are being studied, such at Atlantic Puffins, Razor Bills, Common Terns, and Artic Terns.

The warming of the waters is being felt by those seabirds: they have observed changes in the timing of the mating and nesting seasons. They have observed changes in the diet of the puffins, especially in herring content that they depend on for an important quantity of their protein requirements. Razor Bills have also seen a decrease in nesting successes and herring content in their diet. An increase of gull predation had driven away the common tern colony, but a program to actively control the gull population allowed for the terns to return. The changes in the diets is largely related to the crash of the herring population.

Overview of Indigenous Protected and Conserved Areas & Indigenous Circle of Experts Report

Larry Innes, Lawyer and Partner at Olthuis, Kleer, Townshend LLP, NWT

Larry Innes, a lawyer practicing in the area of indigenous rights and environmental law, presented remotely on Indigenous Protected and Conserved Areas (IPCAs) and the legal framework model for recognition of existing and emerging Indigenous designations by governments, as defined in the ICE report “We Rise Together: Indigenous Circle of Experts, March 2018”.

Nationally, Canada is transitioning from “top-down” approaches to designating and managing federal, provincial and territorial parks. This involves developing a framework for the recognition of the significant contributions of Indigenous peoples to the protection of ecological and cultural diversity, and the realization of national and international conservation commitments. Biodiversity 2020: Working together to protect Spaces and Species in New Brunswick - Conference Report 12

In the ICE report, IPCAs are broadly defined as lands and waters where Indigenous governments have the primary role in protecting and conserving ecosystems through Indigenous laws, governance and knowledge systems: they are Indigenous-led; they represent a long-term commitment to conservation; they elevate Indigenous rights and responsibilities. IPCAs transition from colonial systems of administration and control towards reconciliation. They provide the basis for collaboration between Crown and Indigenous governments in the conservation and protection of our shared home. They are based on mutual recognition and shared/concurrent jurisdictions – space for operation of Indigenous jurisdiction and laws. They create the opportunities to build working relationships within evolving system of cooperative federalism.

IPCAs can be advanced by:

1. Respecting and affirming Indigenous Protected Area designations as a renewed basis for nation-to-nation cooperation in responsible stewardship, sustainable development, and conservation initiatives. a. Legislative recognition of existing and emerging Indigenous designations by public governments; b. Revisiting existing protected area designations to recognize and create space for Indigenous jurisdictions. 2. Supporting the development and implementation of Indigenous protected areas and Indigenous management systems dedicated to the long term protection of ecological and cultural values that collectively contribute to the realization of national goals and Aichi international targets. 3. Supporting the direct contributions of Indigenous peoples in the stewardship and management of Indigenous Protected and Conserved Areas through Indigenous Guardians programs.

In order to move forward with the development of IPCAs in New Brunswick, there needs to be meaningful legislative reforms in partnership with Indigenous people. There must be an establishment of criteria for the identification of new candidate areas based on recognition and respect for Indigenous rights and responsibilities. There needs to be an identifying mechanism for the protection of Indigenous values, knowledge, and law. There must be an advance in protection through interim measures and establishment agreements for new IPCAs. Finally, existing protected area designations must be revisited to create space for Indigenous rights and responsibilities.

Indigenous Protected and Conserved Areas (IPCA) Projects in New Brunswick

Wolustokwiyl/Maliseet Indigenous Protected and Conserved Area (WMIPCA), Maliseet Nation Conservation Council

Patricia Saulis presented remotely on the Maliseet Nation Conservation Council’s project to develop an IPCA. Their project seeks to expand the understanding of conservation and stewardship within Wolastoqey territory. They will be utilizing the approach of Indigenous-led IPCAs that we have seen adopted throughout Turtle Island.

They will be undergoing an extensive community led engagement to identify and prioritize the areas that will be developed for WMIPCA designation. They will undergo extensive collaboration with communities, government, and ENGOs. They will be creating and promoting legal mechanisms to enable WMIPCAs. They will establish unique opportunities to support relationship building and networking on common goals/outcomes of their approach to conservation.

Their approach is that conservation is not synonymous with stewardship; it is not only physical; conservation includes cultural, emotional, and spiritual conservation. Ecological diversity is linked to creating an understanding of linguistic and ecocultural diversity. The next steps are to develop meaningful protocols for collaboration, confirm opportunities for engagement and collaboration, and continue working on a Nation to Nation basis with fellow Indigenous Nations.

Biodiversity 2020: Working together to protect Spaces and Species in New Brunswick - Conference Report 13

New Brunswick Mi’gmaq Indigenous Protected and Conserved Areas Proposal, Mi'gmawe'l Tplu'taqnn Incorporated (MTI)

Tracy Cloud spoke about MTI’s development of IPCAs. There are no cookie cutters ways of determining how to develop IPCAs, and there have been different challenges in different provinces. Indigenous nations consider themselves stewards of the land. They believe in shared stewardship, a way of conserving the land while still being able to harvest and make use of the land in their traditional ways. Their relationship with the land and water is a key part of their identities. The word harvest sometimes has a negative tone, but they are always keeping in mind to harvest in a very sustainable way. Indigenous harvesting is not like commercial harvesting; they are preserving the land in a way that will be healthy for generations to come.

There is a three pronged approach to this project: (1) working with both provincial and federal government and non- governmental organizations; (2) determining areas of interest to develop an IPCA; (3) developing a conservation management plan. They are also going to partner with other first nations and engage their communities, taking the lead in finding the opportunities and gaps in the development of IPCAs. Establishing the Skutik Indigenous Protected and Conserved Area (IPCA) in New Brunswick, Canada, Peskotomuhkati Nation at Skutik

Darran O’Leary spoke briefly that they will be focusing on land acquisition and reclaiming unceded territory to make up their IPCA. They are going to engage their communities to discuss the areas of interest. New Brunswick Mi’gmaq Indigenous Protected and Conserved Areas, Fort Folly First Nation

Anne Dobson spoke very briefly of their hopes for the development of an IPCA through private land acquisitions. They are still waiting on funding to help determine how they will create their IPCA in the Fort Folly First Nation area.

Featured Projects II

Natural Heritage Conservation Program, Paula Noel, Nature Conservancy of Canada

Paula Noel presented the Natural Heritage Conservation Program, which has a federal investment of $100-million over four years to support private land acquisition by Canadian Land Trust organizations. The NHCP aims to conserve at least 200,000 additional hectares of important conservation lands. It will also focus on multi-species-at- risk conservation, including establishing habitat for the 25 Canadian terrestrial species-at-risk that are currently not found in an public or privately protected areas. This new program will focus on conservation in the settled landscape of Southern Canada, where most of Canada’s species-at-risk are found. Habitat Conservation Strategies – Baie De Chaleur – Restigouche River Bioregion, Elaina Geauvreau, University of New Brunswick, and Al Hanson, Canadian Wildlife Service

Al Hanson and Elaina Geauvreau presented the Habitat Conservation Strategies that have been in development by the CWS, along with partners, since 2010-2011. The strategies are build upon Bird Conservation Region and Species-at-risk planning documents, as well as “Conservation Blueprints” from NCC and the Nature Trust.

They are now developing a Habitat Conservation Strategy for the Baie de Chaleur Restigouche River region. Being the headwaters of the St. John River watershed, a priority place for species-at-risk, they want to merge the conservation planning for protected areas, SAR, and birds, with partnerships between several organizations. With

Biodiversity 2020: Working together to protect Spaces and Species in New Brunswick - Conference Report 14 these partnerships, they can identify strengths, gaps, and overlaps of work. They will develop this HCS using the Open Standards process.

They are using GIS analysis to determine priority habitats, with rare species of birds, trees, and key habitat types that are the focus for conservation (tidal islands, coastal flats, saltmarshes, grass lands), also taking into account the human footprint (developed areas, roads, etc.). Compiling the data in a support document can be the basis for more detailed prioritization and prescriptive analyses. The report will incorporate and reference thresholds and objectives from other existing plans and resources. Conserving Wetlands within the Eastern Habitat Joint Venture to support the North American Waterfowl Management Plan, Carli Leroux, Nature Trust of New Brunswick

Carli Leroux presented on behalf of the Island Nature Trust, a project supporting the North American Waterfowl Management Plan (NAWAMP), being led by the Island Nature Trust in partnership with the New Brunswick Nature Trust and the Nova Scotia Nature Trust. The project focuses on the wetlands and the species-at-risk within the St. John River/Wolastoqey territory.

Some of the properties being conserved are located in the lower St. John River watershed are provincially significant wetlands. Several of these properties are also a part of the conservation management plan of the St. John River watershed.

This project includes the engagement of the community, with landowner outreach using mail outs, by phone, and in person meetings to assess their shared values of the characteristics of their land. They have kept connected with the landowners over the years, and now they have the funding to acquire land to conserve. Their mandate is to conserve land; therefor their focus is on terrestrial species-at-risk. They are assessing to identify ecologically significant pieces of lands to protect. Implementation of Activities Supporting the Eastern Habitat Joint Venture in Atlantic Canada, Jana Cheverie, Ducks Unlimited Canada, and Heidi Harding, University of New Brunswick

Jana Cheverie and Heidi Harding presented their project that focuses on nesting habitat uses and availability for cavity-nesting ducks of in the lower St. John River floodplain. The three species that are the focus of this project are the Common Goldeneye, the Wood Duck, and the Hooded Merganser.

The research questions of this project is to determine if the number of available and suitable natural cavities changed over time, if there are site characteristics that can predict where and when natural cavities and nest boxes will be used, and does the DUC nest box program have an impact on regional populations of the target species.

The preliminary results were that 50 out of 88 nesting boxed were occupied (57% occupancy), and of the 41 natural cavities discovered, none of them were occupied. However, they did observe females and eggs of all three species. The occupancy rates could potentially be linked by the distances to nearest wetland, permanent water or percentage of standing water, and human activity.

From this project, they expect to have an estimate of available natural cavities within the St. John River floodplain, and create an inventory. They want to develop models linking cavity and nest box occupancy to site characteristics and availability. They also want to analyze population viability for each species, with and without the DUC nest box program, to provide an evaluation of the nest box program.

Biodiversity 2020: Working together to protect Spaces and Species in New Brunswick - Conference Report 15

Co-development of an Effective Habitat Restoration Framework for Atlantic Salmon, American Eel and Atlantic Sturgeon in the Restigouche River Watershed and Estuary, Miriam Lebeau, Gespe’gewaq Mi’gmaq Resource Council

Miriam Lebeau presented GMRC’s project funded under the Canadian Nature Fund for Aquatic Species-at-risk (CNFASAR). The objectives of this project are to address two major threats to target species in the Restigouche River watershed.

The first threat is habitat fragmentation. For migratory fish like salmon and eel, habitat fragmentation occurs when impassable barriers restrict access to freshwater habitat. Barriers can be natural or man-made. In the context of this project, they are focusing on road crossings, more specifically culverts, which tend to be the most problematic type of crossings. The second threat is fine sediment input during runoff events. The effects of fine sediments on waterways include decreased water quality, loss of habitat, and consequently reduction in productivity and biodiversity. Land use changes and especially activities that leave bare soil on slopes or in proximity to waterways are the major cause of this increased sediment input which has many implications for the health of river ecosystems.

Biodiversity 2020: Working together to protect Spaces and Species in New Brunswick - Conference Report 16

EVALUATIONS

Evaluation forms were completed by 44 out of the 76 participants. On a scale of 1 (poor) to 5 (excellent), the conference received an overall average rating of 4.3, indicating a high level of satisfaction among participants. Highlights of the conference as indicated by the participants included learning about the different projects during the World Café sessions, Larry Innes on Indigenous rights, the IPCA panel and the opening and closing ceremony performed by Elder Edward Perley.

Here are some of the participants’ comments on the conference’s highlights:

“Coffee talk! Loved the variety in the short minutes”

“Learning about all the projects/really liked the world café style of discussion”

“The afternoon segment on indigenous protect and conservation for areas was amazing- the local NB indigenous leaders and especially NWT lawyer’s presentation”

“Elder Edward was powerful! Opportunity to share project-level info and connect with individual and partners and organizations”

ACKNOWLEDGMENTS

The New Brunswick Environmental Network would like to sincerely thank those providing financial support for the conference: New Brunswick Department Natural Resources and Energy Development, New Brunswick Department of Intergovernmental Affairs, and the New Brunswick Wildlife Trust Fund. The NBEN would also like to sincerely thank the conference planning committee, speakers, and participants who contributed to the success of this conference.

Biodiversity 2020: Working together to protect Spaces and Species in New Brunswick - Conference Report 17

APPENDIX A: PARTICIPANTS

Name Organisation Ryan Power ACAP Saint John John Klymko Atlantic Canada Conservation Data Centre Allison Manthorne Birds Canada Laura Tranquilla Birds Canada Jean Goguen C.S.R.Kent Brittany Dixon Canadian Parks and Wilderness Society - NB Chapter Claire Vezina Canadian Parks and Wilderness Society - NB Chapter Courtney Piercy Canadian Parks and Wilderness Society - NB Chapter Kelsey Wiersdma Canadian Parks and Wilderness Society - NB Chapter Tania Morais Canadian Wildlife Service - Eastern Habitat Joint Venture Al Hanson Canadian Wildlife Service - Environment & Climate Change Canada Karel Allard Canadian Wildlife Service - Environment & Climate Change Canada Matthew Mahoney Canadian Wildlife Service - Environment & Climate Change Canada Sean LeMoine Canadian Wildlife Service - Environment & Climate Change Canada Sue Abbot Canadian Wildlife Service - Environment & Climate Change Canada Courtney Johnson Conservation Council of New Brunswick Kevin Matthews Council of Canadians Mary Gail Wylie Council of Canadians Renee Davis Council of Canadians Margo Sheppard Council of Canadians Fredericton Chapter Heidi Harding Ducks Unlimited Canada Jana Cheverie Ducks Unlimited Canada Jodie Hambrook Ducks Unlimited Canada Anne Dobson Fort Folly First Nation Kerry Lee Morris- Fort Folly First Nation Cormier Miriam Lebeau Gespe’gewaq Mi’gmaq Resource Council Charlene LaBillois Gespe'gewaq Mi'gmaq Resource Council Frank Johnston Green Light John Gilbert J.D. Irving, Limited Kelly Honeyman J.D. Irving, Limited Ben Whalen Kennebecasis Watershed Restoration Committee Kaleb Zelman Maliseet Nation Conservation Council Luku Demarsh Mélgmawelès Tracy Cloud Mi'gmawe'l Tplu'taqnn Incorporated Jillian Hudgins Nashwaak Watershed Association Marieka Chaplin Nashwaak Watershed Association Daniel LeBlanc Nation Prospère Acadie Josh Noseworthy Nature Conservancy of Canada Nadine Ives Nature Conservancy of Canada Paula Noel Nature Conservancy of Canada Jenna Knorr Nature NB Rebecca Sharp Nature NB Roland Chiasson Nature NB Vanessa Roy-McDougall Nature NB Biodiversity 2020: Working together to protect Spaces and Species in New Brunswick - Conference Report 18

Aaron Dowding Nature Trust of New Brunswick Carli le Roux Nature Trust of New Brunswick Dorothy Diamond Nature Trust of New Brunswick Roger Roy Nature Trust of New Brunswick Shaylyn Wallace Nature Trust of New Brunswick Lee Swanson NB Department of Environment and Local Government Adam Hadley NB Department of Natural Resources and Energy Development Arielle Demerchant NB Department of Natural Resources and Energy Development Brittany Harvey NB Department of Natural Resources and Energy Development Heather Loomer NB Department of Natural Resources and Energy Development Lauren Stead NB Department of Natural Resources and Energy Development Maryse Bourgeois NB Department of Natural Resources and Energy Development Maureen Toner NB Department of Natural Resources and Energy Development Samantha Atkinson NB Department of Natural Resources and Energy Development Steve Gordon NB Department of Natural Resources and Energy Development Josh Tompkins NB Department of Tourism, Heritage and Culture - New Brunswick Annika Chiasson New Brunswick Environmental Network Jolyne Hebert New Brunswick Environmental Network Raissa Marks New Brunswick Environmental Network Surabhi Sheth New Brunswick Environmental Network Darran O'Leary Peskotomuhkati Nation at Skutik Harry Sappier Peskotomuhkati Nation at Skutik Brenda Ryan Red Dot Association Trudy Brydges Red Dot Association Remi Donelle Shediac Bay Watershed Association Elder Edward Perley Tobique First Nation Courtney Burk University of New Brunswick Damien Mullin University of New Brunswick Elaina Geauvreau University of New Brunswick Gary Saunders University of New Brunswick Heather Major University of New Brunswick Susan O'Donnell University of New Brunswick Tony Diamond University of New Brunswick Simon Mitchell World Wildlife Fund (WWF) Alyse Wilton Bernadet Samulski

Biodiversity 2020: Working together to protect Spaces and Species in New Brunswick - Conference Report 19