The effects of climate change on wildlife

In recent years, the impact of climate change on humans has been widely documented and a number of measures have been taken to reduce and offset people’s carbon footprint. But the impact of climate change on wildlife and its ability to cope with such change has not received as much prominence.

A sustained change in climatic conditions may impel certain wildlife to change their habitat or face extinction. Consequently, one of the effects of climate change on wildlife is habitat movement or change in what are known as ‘range boundaries’. These are essentially geographic areas in which an animal can survive.

Scientists and conservation managers will need to detect, measure and accurately predict ‘range’ shifts in order to mitigate impacts on biodiversity. Environmental lawyers, on the other hand, must identify and evaluate existing legal instruments relating to wildlife conservation, to ensure that they are capable of meeting this particular challenge.

If wildlife moves from public reserves on to private land, what are the mechanisms that exist to promote or preserve habitat on private land? How effective are these mechanisms? And can measures be taken to improve chances of protecting and preserving wildlife?

These questions are considered in an article appearing in the latest issue of the Commonwealth Law Bulletin (Volume 34(3), September 2008) entitled: ‘Climate Change, Wildlife Movement and the Law: A Case Study from New Zealand’.

Legal implications

The article, co-authored by Ceri Warnock and Nicola Wheen from the Faculty of Law, University of Otago, focuses on the legal implications of wildlife movement and habitat alteration, using New Zealand as a case study.

The basic premise is that, if wildlife habitat or ‘range’ movement occurs under a climate change scenario, parks, reserves and sanctuaries (“conservation estates”) should also have to move, unless they are already big enough to accommodate the new habitat range, or unless the wildlife will nevertheless be satisfactorily protected beyond the confines of the park concerned.

If conservation estates are unable to accommodate such movement, there is a real danger that certain categories of wildlife may face the threat of extinction as a direct result of climate change.

The movement of conservation estates obviously carries immense implications and poses a number of legal questions, such as: What provision does the legislation that applies to the conservation estate make for this potential movement? What obligations are there on the Department of Conservation to anticipate, recognise and provide for such movement in its management planning?

Uncertainty

Naturally, one of the inherent difficulties with this process is its uncertainty – there can be few absolute guarantees as to how species will manage a climate-changed environment or to where their habitat ranges might shift. The article therefore proposes a flexible approach.

While the article uses New Zealand as a case study, it also offers important lessons for other Commonwealth countries seeking to address and prepare for the impacts of climate change.

In particular, it outlines five key issues which Commonwealth countries should address, including the importance of enacting specific legislation pertaining to wildlife management and habitat protection; and the need to strengthen co-ordination between all national agencies involved in wildlife management and habitat protection.

Commonwealth Law Bulletin, Volume 34(3), also contains a selection of other legal articles of interest to lawyers and legal experts across the Commonwealth.

These include an article examining the appointment and term of office of judges to regional courts in Africa, with a particular emphasis on the Court of the Common Market for Eastern and Southern Africa and the Court of Justice of the East African Community; and an article examining the legal duty of health care professionals to disclose genetic information to blood relatives and other relevant parties.

Key Links:

• Commonwealth Law Bulletin
• Law