1. Species at Risk 101 © Jared Hobbs Burrowing Owl

2. Outline Background and History Background and History (the Accord and SARA) (the Accord and SARA) Sticks and Carrots Sticks and Carrots Assessment and Listing Assessment and Listing BC’s approach BC’s approach Recovery Planning and Critical Habitat Recovery Planning and Critical Habitat Conservation Framework (teaser) Conservation Framework (teaser)

3. Why Protect Species at Risk? “Species” Extinct or Extirpated in BC

4. Public Opinion on Endangered Species Legislation Pollara pollsters 2000 % of Canadians polled 94 % support

5. Rio Convention 1992

6. Accord for the Protection of Species at Risk Goal: to prevent species in Canada from becoming extinct as a result of human activity Goal: to prevent species in Canada from becoming extinct as a result of human activity Recognizes that: cooperation between jurisdictions is crucial conservation of species at risk is key element of Canadian Biodiversity Strategy

7. Accord for the Protection of Species at Risk We agree to: i) participate in the Canadian Endangered Species Conservation Council ii) recognize the Committee on the Status of Endangered Wildlife in Canada iii) establish complementary legislation that provide for effective protection of species at risk

8. Agreements under the Accord a. address all native wild species; b. provide an independent process for assessing the status of species at risk; assessing the status of species at risk; c. legally designate species as threatened or endangered; endangered; d. provide immediate legal protection for threatened or endangered species; threatened or endangered species; e. provide protection for the habitat of threatened or endangered species; threatened or endangered species; f. provide for the development of recovery plans within one year for endangered plans within one year for endangered species and two years for threatened species and two years for threatened species that address the identified threats species that address the identified threats to the species and its habitat; to the species and its habitat; g. ensure multi-jurisdictional cooperation for the protection of species that cross the protection of species that cross borders through the development and borders through the development and implementation of recovery plans; implementation of recovery plans; h. consider the needs of species at risk as part of environmental assessment processes; i. implement recovery plans in a timely fashion; j. monitor, assess and report regularly on the status of all wild species; k. emphasize preventive measures to keep species from becoming at risk; l. improve awareness of the needs of species at risk; m. encourage citizens to participate in conservation and protection actions; n. recognize, foster and support effective and long term stewardship by resource users and managers, landowners, and other citizens; and o. provide for effective enforcement. iii) to establish complementary legislation and programs that will:

9. Key Accord Agreements Establish complementary legislation and programs that will: legally designate species as threatened or endangered legally designate species as threatened or endangered provide immediate legal protection for threatened or endangered species provide immediate legal protection for threatened or endangered species provide protection for the habitat of threatened or endangered species provide protection for the habitat of threatened or endangered species provide for development and implementation of recovery plans provide for development and implementation of recovery plans emphasize preventative measures emphasize preventative measures foster stewardship foster stewardship

10. The Species at Risk Act (SARA) SARA (Bill C-5) has been structured around the Accord, and fulfils the federal governments’ commitment to it. As of June 5, 2004 SARA is fully in force

11. D PROTECTION E RECOVERY How SARA works…. Automatic Prohibitions Permits/Agreements Safety Net Mandatory Recovery Planning Stewardship Programs / Incentives Critical Habitat (Safety Net ) C LEGAL LISTING  Endangered  Threatened C LEGAL LISTING  Endangered  Threatened B RESPONSE STATEMENTS A ASSESSMENT  Status Reports  Review  COSEWIC Decision A ASSESSMENT  Status Reports  Review  COSEWIC Decision

12. SARA – Basic Elements Independent, science based assessments Independent, science based assessments Legal listing process Legal listing process Prohibitions against killing, harming, or trade in individuals or destruction of residence Prohibitions against killing, harming, or trade in individuals or destruction of residence Recovery and management planning Recovery and management planning Stewardship measures to protect critical habitat with prohibition as backstop Stewardship measures to protect critical habitat with prohibition as backstop Effective enforcement measures Effective enforcement measures

13. SARA and the provinces SARA is “safety net” legislation. SARA is “safety net” legislation. It applies to all listed species on federal lands and to listed aquatic species and migratory birds on other lands It applies to all listed species on federal lands and to listed aquatic species and migratory birds on other lands If the provinces and territories do not effectively protect listed species, the federal government can apply the “safety net” provisions of SARA If the provinces and territories do not effectively protect listed species, the federal government can apply the “safety net” provisions of SARA White-headed Woodpecker Spotted Owl

14. SARA and the “Safety Net” Applies: If the laws of the province do not adequately protect other species or their residence; and If the laws of the province do not adequately protect other species or their residence; and If critical habitat on non-federal lands is not “effectively protected” by other legislation or voluntary measures If critical habitat on non-federal lands is not “effectively protected” by other legislation or voluntary measures Emergency Orders (section 80): To identify and protect habitat of a species at risk if the minister is of the opinion that the species faces imminent threats to its survival or recovery To identify and protect habitat of a species at risk if the minister is of the opinion that the species faces imminent threats to its survival or recovery

15. 242 265 58 109 114 140 55 71 41 27 77 555249 26 117 Number of species assessed by COSEWIC

16. Canadian Jurisdictions with Legislation & Regulations providing for protection of individuals and residences of listed Species at Risk (numbers) Stand alone, full protection Other, full protection Other, partial protection Not in place (4) (6) (0) (28) (0) (41) (16) (77) (0) (43) (34)(15) (24)

17. Stick and Carrots SARA safety net SARA safety net Legal challenges Legal challenges CEC and NAFTA CEC and NAFTA Pelly Amendment Pelly Amendment CITES CITES GAO Review GAO Review Canada-US agreement on Species at Risk Canada-US agreement on Species at Risk Market pressures (e.g. certification programs) Market pressures (e.g. certification programs)

18. Legal challenges – species at risk Alberta – gap in legal protection of tiny cryptanthe and small- flowered sand verbena Alberta – gap in legal protection of tiny cryptanthe and small- flowered sand verbena Piping plover – inclusion of critical habitat in the recovery strategy posted on SARA public registry Piping plover – inclusion of critical habitat in the recovery strategy posted on SARA public registry Spotted Owl – reasonableness of minister’s decision that the species is not at imminent risk (section 80) Spotted Owl – reasonableness of minister’s decision that the species is not at imminent risk (section 80) DFO- judicial review on Sakinaw Sockeye listing. Commission on Environmental Cooperation (NAFTA) – failure of Canada to enforce timelines for posting recovery strategies and to effectively enforce the emergency order provisions under s. 80 for Spotted Owl in BC and Woodland Caribou in AB

19. May 17, 2007 MCGUINTY GOVERNMENT STRENGTHENS PROTECTION FOR ONTARIO’S SPECIES AT RISK New Legislation Is Among The Strongest In North America TORONTO — Ontario is now a North American leader in species at risk protection and recovery with the passage of The Endangered Species Act, 2007, Natural Resources Minister David Ramsay said today. “This act represents a milestone in the protection and recovery of species at risk in Ontario and establishes a benchmark for the rest of the world,” said Ramsay. “This legislation also ensures that future generations of Ontarians will benefit from a healthier and diverse natural environment.” More effective legislation is just one component of the government’s comprehensive three-part approach to species at risk protection that also includes programs and policies to implement the new legislation, and greater support for public stewardship initiatives. “The new act takes a stewardship-first approach to protection of species and their habitats,” said Ramsay. “We will back up our commitment to this approach with funding of $18 million over four years to support public stewardship activities protecting essential habitat and green space.” The Ministry of Natural Resources is working with its conservation partners to develop the stewardship program. Initiatives eligible for stewardship funding may include outreach and education projects, habitat enhancement and recovery, youth employment and research activities, and support for landowner efforts to protect species and habitat.

21. COSEWIC Created in 1977 Created in 1977 Recognized in the Accord as: Recognized in the Accord as:  a source of independent advice on the status of SAR nationally established legally under the Species at Risk Act established legally under the Species at Risk Act Reports to the Canadian Endangered Species Conservation Council Reports to the Canadian Endangered Species Conservation Council Receives an annual letter of instruction Receives an annual letter of instruction

22. COSEWIC Assessment Step 1. Is the species eligible for assessment? Step 2. Is the status report acceptable? Step 3. Apply the quantitative criteria. Step 4. Is there rescue effect? Step 5. Are there life history or other considerations? Step 6. Is the status suggested by steps1-5 above consistent with the definition of (Extinct, Extirpated, Endangered, Threatened, Special Concern)

23. COSEWIC’s Criteria Criteria: A - Declining population A - Declining population B - Small distribution and decline or fluctuation B - Small distribution and decline or fluctuation C - Small population size and decline C - Small population size and decline D - Very small population size D - Very small population size E - Quantitative Analysis for Extinction Risk E - Quantitative Analysis for Extinction Risk

24. Getting off the List wait for the ten year review (10 years) request an assessment by COSEWIC (2-6 years) submit an unsolicited status report (1 year) request an emergency assessment (Extirpated to Endangered only) (.3 year) slow fast

25. Scouler’s Corydalis

26. Getting off the List (cont.) Go extinct Go extinct

27. B.C. Conservation Data Centre

28. Burgman, M.A. 2004. Evaluating methods for assessing extinction risk. Acta Oecologica 26:65-66. Regan, T.J. et al. In press. The consistency of extinction risk classification protocols. Conservation Biology. Burgman, M.A. and J.C. Fox. 2003. Bias in species range estimates from minimum convex polygons: implications for conservation and options for improved planning. Animal Conservation 6:19-28. Keith, D.A. et al. 2004. Protocols for listing threatened species can forecast extinction. Ecology Letters 7:1101-1108. Maunder, M.N. 2004. Population viability analysis based on combining Bayesian, integrated, and hierarchical analyses. Acta Oecologica 26:85-94. McCarthy, M.A. et al. 2004. Comparing predictions of extinction risk using models and subjective judgment. Acta Oecologica 26:67-74. Regan, T.J. et al. 2004. Capturing expert knowledge for threatened species assessments: a case study using NatureServe conservation status ranks. Acta Oecologica 26:95-107. O’Grady, J.J. et al. 2004. Correlations among extinction risks assessed by different systems of threatened species categorization. Conservation Biology 18:1-12. Possingham, H.P. et al. 2004. Limits to the use of threatened species lists. Trends in Ecology and Evolution 17:503-507. Conservation Status Ranking Uses a standard set of criteria developed over the past 30 years by the international organization, NatureServe (IUCN member) in conjunction with other well established ranking schemes

29. Conservation Status Rank Applicable to different “elements”: vertebrates vertebrates ecological communities ecological communities invertebrates invertebrates vascular plants vascular plants non-vascular plants non-vascular plants

30. Any Scale global, global, national, national, provincial, provincial, your backyard your backyard

31. Criteria Long-term Trend Long-term Trend Short-term Trend Short-term Trend Population Size Population Size Range Extent Range Extent Area of Occupancy Area of Occupancy Number of Occurrences Number of Occurrences Number of Occurrences with Good Viability Number of Occurrences with Good Viability Threats (Severity, Scope, and Immediacy) Threats (Severity, Scope, and Immediacy) Intrinsic Vulnerability Intrinsic Vulnerability Environmental Specificity Environmental Specificity Other Considerations Other Considerations

32. Endangered Threatened Special Concern CDCSARA, WA, COSEWIC Red list Blue list

33. Legal listing COSEWIC assessment CDC assessment Governor in Council Lieutenant Governor in Council Species at Risk Act (Schedule 1) Wildlife Act (regulation) FederalProvincial Status report

35. BC’s approach to protecting Species At Risk BC has committed to the National Accord for the Protection of Species at Risk BC has committed to the National Accord for the Protection of Species at Risk The Province will use authorities in a number of statutes to protect and recover species at risk The Province will use authorities in a number of statutes to protect and recover species at risk Jared Hobbs Vancouver Island Marmot

36. Existing Tools Wildlife Act Wildlife Act Forest and Range Practices Act Forest and Range Practices Act Parks and Protected Areas Parks and Protected Areas Land Use Planning Land Use Planning Support for Recovery Planning Support for Recovery Planning Community Charter Community Charter (Variety of federal acts) (Variety of federal acts) Wood bison

37. Wildlife Amendment Act, 2004 Enables Cabinet to list as endangered, threatened or extirpated the full range of species that can be similarly listed under the federal Species at Risk Act Enables Cabinet to list as endangered, threatened or extirpated the full range of species that can be similarly listed under the federal Species at Risk Act With listing comes a series of prohibitions against the killing, trading, trafficking and transport of individuals of that species With listing comes a series of prohibitions against the killing, trading, trafficking and transport of individuals of that species Cabinet also has the ability to define and protect the residence of a listed species Cabinet also has the ability to define and protect the residence of a listed species Does not expand provisions for habitat protection for species at risk Does not expand provisions for habitat protection for species at risk

38. Forest and Range Practices Act Identified Wildlife “Category of species at risk” established by order under the Forest and Range Practices Act “Category of species at risk” established by order under the Forest and Range Practices Act Includes 85 species or plant communities Includes 85 species or plant communities Enables the wildlife management provisions of FRPA to be applied (e.g. creation of wildlife habitat areas with general wildlife measures) Enables the wildlife management provisions of FRPA to be applied (e.g. creation of wildlife habitat areas with general wildlife measures) Powerful tool for preventing species from becoming at risk from Forest and Range activities (if we add to FRPA list preventatively) Powerful tool for preventing species from becoming at risk from Forest and Range activities (if we add to FRPA list preventatively) need a similar tool for other industries need a similar tool for other industries

39. Land Tenure Challenges Number of known occurrences of red-listed species on different land tenures: Aboriginal Land (381) Federal Parks (168) Provincial Parks (1241) Private land (2562) TFL (436) Crown Land (3105)

40. Recovery Planning  The process of planning and implementing priority actions to reduce the risk of extinction for species listed as endangered, threatened or extirpated Planning documents:  Recovery strategy  Recovery Action plan(s) Sharp-tailed Snake Recovery Team

41. Recovery Planning Species assessed as Extirpated, Endangered or Threatened

42. Recovery planning – why do it? Accord commitments: f.provide for the development of recovery plans within one year for Endangered species and two years for Threatened species that address the identified threats to the species and its habitat; Bilateral commitments: endeavour to develop recovery strategies and action plans that meet timelines and other requirements set in federal and provincial legislation. endeavour to develop recovery strategies and action plans that meet timelines and other requirements set in federal and provincial legislation. apply a two stage approach to recovery planning (recovery strategy and action plan) apply a two stage approach to recovery planning (recovery strategy and action plan)

43. Responsibility for Recovery Planning in BC Species or Land OwnershipLead Jurisdiction Migratory BirdsCanadian Wildlife Service (CWS) Marine SpeciesFisheries and Oceans Canada (DFO) Freshwater FishDFO and BC Ministry of Environment (MOE) Other WildlifeBC Ministry of Environment National Parks, National Historic Sites and National Marine Conservation Areas Parks Canada Agency (PCA) for species whose Canadian distribution lies mainly on lands under PCA jurisdiction and other species of interest as agreed to by the responsible jurisdiction(s). Federal lands (non-park, i.e., Department of National Defence lands, Indian Reserves) CWS if the majority of the listed population in British Columbia is on “non-park” federal lands

44. Recovery Teams - role accountable to the lead jurisdiction accountable to the lead jurisdiction the primary role of the team is to provide the best available scientific advice on how to recover the species the primary role of the team is to provide the best available scientific advice on how to recover the species this advice is provided to government and others in the form of a recovery strategy decision making and accountability for making management decisions rests with the responsible jurisdiction

45. Recovery Planning in BC  54 recovery teams are currently active in BC  BC is leading or co- leading 32 teams  BC lead or co-lead teams are engaged in planning for 133 COSEWIC species (121 SARA listed species)

46. Approaches to Recovery Planning Single Species Multiple Species Ecosystems Landscapes American Badger, jeffersonii

47. SARA and Recovery Planning Recovery strategies for endangered threatened and extirpated species must be prepared within specific time frames ( 1, 2, 3 years) Recovery strategies for endangered threatened and extirpated species must be prepared within specific time frames ( 1, 2, 3 years) Management plans must be prepared for species of special concern (3 years) Management plans must be prepared for species of special concern (3 years) Recovery strategies and action plans must address threats and identify critical habitat Recovery strategies and action plans must address threats and identify critical habitat Minister must report on implementation every five years Minister must report on implementation every five years

48. SARA and Critical Habitat: Identification "critical habitat" means the habitat that is necessary for the survival or recovery of a listed wildlife species and that is identified as the species’ critical habitat in the recovery strategy or in an action plan for the species. "critical habitat" means the habitat that is necessary for the survival or recovery of a listed wildlife species and that is identified as the species’ critical habitat in the recovery strategy or in an action plan for the species. Must be identified “to the extent possible” “based on the best available information” Must be identified “to the extent possible” “based on the best available information”

49. Failure to identify critical habitat in recovery strategies posted on the SARA public registry Failure to identify critical habitat in recovery strategies posted on the SARA public registry Legal challenges under SARA Piping Plover David Menke, USFWS Sage Grouse Mike Pearson Nooksack Dace

50. SARA and Critical Habitat: Protection Critical habitat identified in the final version of a recovery strategy or action plan posted on the SARA public registry: Critical habitat identified in the final version of a recovery strategy or action plan posted on the SARA public registry: On federal lands, must be protected within 180 days On federal lands, must be protected within 180 days On other lands, if it is not “effectively protected” the federal minister must recommend that SARA “safety net” provisions be invoked On other lands, if it is not “effectively protected” the federal minister must recommend that SARA “safety net” provisions be invoked Sand-verbena moth habitat Nick Page

51. Provincial approach Provincial recovery strategies are advice: Provincial recovery strategies are advice: Contain a description of the bio-physical attributes of habitat but do not include geospatial information on critical habitat Contain a description of the bio-physical attributes of habitat but do not include geospatial information on critical habitat Policies and procedures will be developed to ensure that: Policies and procedures will be developed to ensure that: Identification of critical habitat is transparent, and science-based Identification of critical habitat is transparent, and science-based Decisions regarding protection of habitat include consideration of existing provincial tools, socioeconomic factors, and consultation as appropriate Decisions regarding protection of habitat include consideration of existing provincial tools, socioeconomic factors, and consultation as appropriate

52. Canada – BC Agreement on Species at Risk Framework for communication and cooperation on species at risk in BC Framework for communication and cooperation on species at risk in BC Federal agencies have indicated that they will not post recovery strategies without at least a partial identification of critical habitat (if information exists) Federal agencies have indicated that they will not post recovery strategies without at least a partial identification of critical habitat (if information exists) Species at Risk Coordinating Committee Decision: Species at Risk Coordinating Committee Decision: If critical habitat needs to be identified in the recovery strategy or an addendum to it, the first step will be to consult with the province, so that we can work together to design a consultation process and steps that will result in effective protection. If critical habitat needs to be identified in the recovery strategy or an addendum to it, the first step will be to consult with the province, so that we can work together to design a consultation process and steps that will result in effective protection.

53. An example of effective protection in BC Parks Lyall’s mariposa lily, Threatened, SARA schedule 1 Lyall’s mariposa lily, Threatened, SARA schedule 1 10 of 12 populations occur in the South Okanagan Grasslands Protected Area (SOGPA) 10 of 12 populations occur in the South Okanagan Grasslands Protected Area (SOGPA) Habitat in the SOGPA is protected from loss, but may be impacted by threats from invasive alien plants, cattle grazing and forest encroachment Habitat in the SOGPA is protected from loss, but may be impacted by threats from invasive alien plants, cattle grazing and forest encroachment Stewardship Plan for the Lyall’s Mariposa Lily in the South Okanagan Grasslands Protected Area: 2008 to 2012 Stewardship Plan for the Lyall’s Mariposa Lily in the South Okanagan Grasslands Protected Area: 2008 to 2012 “This plan provides effective protection for the Lyall’s mariposa lily in the SOGPA by addressing and monitoring major threats, as identified in the recovery strategy.” “This plan provides effective protection for the Lyall’s mariposa lily in the SOGPA by addressing and monitoring major threats, as identified in the recovery strategy.”

54. Inventory & habitat protection Scouler’s corydalis – inventory & protection resulted in COSEWIC re-assessment of Not at Risk (from Threatened) – may be removed SARA Scouler’s corydalis – inventory & protection resulted in COSEWIC re-assessment of Not at Risk (from Threatened) – may be removed SARA Dragonflies - inventory work resulted in provincial status re-assessment for multiple species (down from red-listed) Dragonflies - inventory work resulted in provincial status re-assessment for multiple species (down from red-listed) Harvest management Sea otter & wood bison were harvested extensively, now populations are expanding Sea otter & wood bison were harvested extensively, now populations are expanding Sea otter has been re-assessed as Special Concern by COSEWIC Sea otter has been re-assessed as Special Concern by COSEWIC Re-assessment, down-listing Scouler’s corydalis

55. CITES Convention on International Trade in Endangered Species Convention on International Trade in Endangered Species Movement to morphing it into sustainability treaty (esp. by the EU, USA and Australia) Movement to morphing it into sustainability treaty (esp. by the EU, USA and Australia) Regulation of commercially fished and timber spp Regulation of commercially fished and timber spp Need to maintain our reputation on SAR management. Need to maintain our reputation on SAR management.

57. Setting Conservation Priorities Widespread recognition that there are limited resources for species at risk Widespread recognition that there are limited resources for species at risk Risk listing is not the same as conservation priority (just one of the things you take into account) Risk listing is not the same as conservation priority (just one of the things you take into account)

58. Recovery efforts fail primarily because action is taken too late to be effective (McClure et al. 2005) (McClure et al. 2005) To be effective at species recovery, we need to: 1)Act sooner 2)Act smarter 3)Invest more wisely 4)Be coordinated, consistent, and predictable

59. New Provincial Strategy- the CONSERVATION FRAMEWORK Focus on Provincial priorities Focus on Provincial priorities Work cooperatively with the federal government Work cooperatively with the federal government Canada – BC bilateral agreement Canada – BC bilateral agreement Proactive management approach Proactive management approach Species at risk and species becoming at risk Species at risk and species becoming at risk Priority driven Priority driven Performance-based management Performance-based management New governance and funding models New governance and funding models

60. Framework Goals 1)To contribute to global efforts for species and ecosystem conservation 2)To prevent species and ecosystems from becoming at risk 3)To maintain the full diversity of native species and ecosystems Woodland CaribouWhite-headed woodpecker Western Painted Turtle

61. A new planning tool 1) Prioritization component Prioritize species for conservation and management efforts Prioritize species for conservation and management efforts Separate prioritization tools for each of the 3 goals Separate prioritization tools for each of the 3 goals 2) Management action sorting component Based on a “decision key” Based on a “decision key” Consistent assignment of species to appropriate management actions Consistent assignment of species to appropriate management actions Developing a similar tool for ecosystems Developing a similar tool for ecosystems

63. 1922 1924 Last seen:1910 1940 1981 1918 1930 Questions?

64. Questions?