The purpose of a protection assessment is to determine whether to apply the protection measures under section 28 or 29 of the Species at Risk Act in support of the recovery of a wildlife species:
- Section 28 and subsection 76(1) afford protection against harm to individuals. The Prohibitions Regulation (2013-39) under the New Brunswick Species at Risk Act lists the species to which section 28 provisions apply.
- Section 29 and subsection 76(1) allow for areas to be designated in regulation as Survival Habitat (regularly or currently occupied) or Recovery Habitat (necessary for recovery, but not occupied) for the species and, within those areas, prohibition of activities that would affect the habitat.
In undertaking a protection assessment, the process is guided by a species’ recovery strategy, but several other factors also need to be considered. These include, but are not limited to, First Nations aboriginal and treaty rights, existing protection for the species, other existing means of protection (Clean Water Act, Protected Natural Areas Act, etc...), the effectiveness of current protection, management implications for the province, landownership issues, stewardship, as well as social and economic factors.
After a protection assessment is completed, the Minister of the Department of Natural Resources and Energy Development decides whether to recommend prohibitions and/or habitat designations for the listed wildlife species. The Lieutenant-Governor in Council may then, on the recommendation of the minister, make regulations applying prohibitions or habitat designations.