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The issue of wetland conservation and policy has long been an issue of controversy among interest groups and industry. When observing the number of endangered or threatened species that inhabit wetlands it is apparent that there is a pressing need to conserve them, especially when the leading cause of species loss is habitat destruction (Nowlan and Jeffries, 1996). There is currently in place a system of policies and laws which culminate to create a relatively effective means of enforcement, however, through the lack of a single Act which pertains to wetlands there continues to be inadequacies within the system. Though the federal government has released the Federal Policy on Wetland Conservation it is not admissible in court and therefore only stands as recommendations by which the government would like the public to abide. The vastly different types of wetlands located through out B.C. create many difficulties in the creation of a single policy, however, if there was a broad based Act which was committed to the current federal policy of "no net loss of wetlands" it would eliminate the need for overlapping laws at the three levels of government. What Designates an Area as a Wetland A wetland can be described in many ways, most
Also, the prosecution mechanism is flawed in that in order for a party to be charged it must be proven by the Crown that due diligence was not provided. Under sections 22 and 23 of the Act a Manager is able to pass a judgment as to whether a substance is causing pollution and on this judgment may order the parties involved to reduce or abate the pollution. The broad scope of these sections allows them to be applicable to many different situations. Through careful distribution of lands to groups that are environmentally responsible a great deal of damaging environmental effects can be averted. It is evident through examining the wide range of policy tools involved in the control of damage to wetlands that there needs to be a Federal legislation enacted. Though the recommendations stated within the policy are not prosecutable, they are admissible as evidence in conjunction with any section of a Federal Act that pertains to wetlands, as proof that due diligence was not provided. A Comprehensive Study is one in which an in depth analysis is performed; this is generally needed for a prosecution under the Act to occur (Nowlan and Jeffries, 1996). The Canadian Environmental Assessment Act The CEAA applies to land development when any federal department or agency proposes a project, provides funding or land for a project, or performs a regulatory duty (Nowlan and Jeffries, 1996). Section 41 of the Act states that the Attorney General may request an injunction to stop work if any violation of the Act occurs on a given project, this is in order to prevent any further damage from occurring while the proceedings are taking place. Section 963 allows for the creation of zoning to regulate land usage, this may be used to shift population densities away from sensitive areas. With such a broad range of fertile lands included in this description it is no surprise that they maintain such a high level of biodiversity. This description is however the most basic possible, in that it only allows for a general identification of wetlands, rather than classifying them by type or by the systems to which they are a part of. Nowlan and Jeffries (1996) group wetlands into five categories in accordance with their parent systems: Marine, non-estuary saltwater wetlands; Estuarine, wetlands around the mouth of a river; Lacustrine, wetlands connected to lakes; Riverine, wetlands connected to rivers; Palustrine, marshy wetlands. Though the Fisheries Act is the most powerful policy tool that exists in the protection of wetlands, it does have positive and negative aspects to it. Under this system there are two factors which influence the Province's decision on whether or not to lay charges under this or any other act: the prospect of a conviction and public interest.
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Acceptance Essays
