Northwest Territories fined for destroying nests of threatened birds

The government of the Northwest Territories was fined $10,000 after it plead guilty in N.W.T. Territorial Court to breaching the Species at Risk Act last January.

Sometime between May 30 and June 28, 2018, two employees contracted by the N.W.T. Department of Infrastructure destroyed multiple bank swallow nests off Highway 3.

The population of bank swallows has plummeted 98 per cent over the past 40 years, qualifying them as a threatened species that are protected by law. The small songbirds often nest in sand and gravel quarries during nesting season between mid-April and late August, and are found across the country. 

The reasons for the rapid decline is not well understood. However, experts believe it is likely driven by the impact of multiple threats to their environment.

The federal committee on the status of endangered wildlife released a report on bank swallows in 2013 that said the threats include the destruction of nests during excavation, widespread use of pesticides, the loss of breeding and foraging habitats, and the impacts of climate change.

Statement of facts

According to the agreed statement of facts between the N.W.T. government and the Crown filed in court, a biologist with the Canadian Wildlife Service observed a colony of about 12 bank swallows nested in a pile of soil off Highway 3, near Edzo, in May, 2018. 

When the biologist returned in June, the pile had been levelled, the nests destroyed and no bank swallows were observed to be present. 

At the time, the pile of soil was not in use by the Department of Infrastructure but it was levelled to ensure that its slopes were less than 70 degrees in order to dissuade bank swallows from nesting there, in case it became necessary to use the pile.

Based on the recommendations of the Canadian Wildlife Service, that work must be done before nesting season, which begins in mid-April.

The agreed statement of facts also states that in March 2018, the supervisor responsible for managing the pile advised the contracted employees that they should halt work if they found any birds or their nests. However, the contracted employees did not receive formal training on how to identify nests and they were destroyed when the subcontractors leveled the pile.

The statement says the department and the company contracted had not been notified that there were already nested bank swallows present in the pile. 

It also said the department said it was aware of its obligations under the Species At Risk Act, along with the Migratory Birds Convention Act, to protect bank swallows, including not destroying their habitats.

The statement of agreed facts revealed that from 2016 to 2018, there was active communication between the Department of Infrastructure and a biologist at Canadian wildlife services to get advice on how to manage bank swallows and their habitats. 

The agreed statement of facts also state that the Department of Infrastructure "did not exercise due diligence in ensuring the work was completed … in any event prior to the arrival of bank swallows."

In a joint submission to the court, both the government of the N.W.T. and the Crown suggested the territorial government pay a $10,000 fine. The court agreed.