Species At Risk Fisheries and Oceans Canada

Legislation - Update on Status Bill C-5 currently before the Senate Has been given 1st and 2nd readings Bill is now before the Senate Committee (Energy, the Environment and Natural Resources) for review Royal Assent could occur later this year followed by proclamation in late spring 2003

SARA in a nutshell Prevents Canadian wildlife from becoming extirpated or extinct Provides for the recovery of Endangered or Threatened species Makes the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) responsible for designating status of species Creates prohibitions to protect species and their habitat Recognizes the potential for compensation for landowners Creates a public registry

Assessment Main function of COSEWIC to designate status of species - arm’s length scientific process Members appointed by the Minister of the Environment 13 provincial/territorial representatives 4 federal government representatives 8 species specialist group (SSG) representatives 3 “at large” representatives chosen through public nomination

COSEWIC Assessment Process Priority list: established by Specialist Group, published Status Reports: prepared on contract (open bidding) for Specialist Group, or received from outside Status Report Review: reviewed for scientific quality by SSG, ATK SG, responsible jurisdiction(s) COSEWIC Decision: at COSEWIC meeting; based on objective criteria and all available information. List Made Public: COSEWIC publishes its list of assessments independently, with justification.

Legal Listing Process  COSEWIC continues to make assessments on the status of species COSEWIC Status Designations EXTINCT - A species that no longer exists. EXTIRPATED - A species that no longer exists in the wild in Canada, but occurring elsewhere. ENDANGERED - A species facing imminent extirpation or extinction. THREATENED - A species that is likely to become endangered if limiting factors are not reversed. SPECIAL CONCERN - A species of special concern because of characteristics that make it is particularly sensitive to human activities or natural events. NOT AT RISK - A species that has been evaluated and found to be not at risk. COSEWIC Status Designations EXTINCT - A species that no longer exists. EXTIRPATED - A species that no longer exists in the wild in Canada, but occurring elsewhere. ENDANGERED - A species facing imminent extirpation or extinction. THREATENED - A species that is likely to become endangered if limiting factors are not reversed. SPECIAL CONCERN - A species of special concern because of characteristics that make it is particularly sensitive to human activities or natural events. NOT AT RISK - A species that has been evaluated and found to be not at risk.

Legal Listing Process 2 COSEWIC reports to CESCC (Canadian Endangered Species Conservation Council) followed by Press Release 3 Response Statements released by responsible Minister within 90 days 4 Federal Governor In Council (GIC) will have 9 months to:

Legal Listing Process Accept the assessment and add the species to the legal list under SARA Decide not to add the species to the legal list Refer the matter back to COSEWIC for further information or consideration 6 If GIC does not take one these courses of action, the Minister of the Environment is required to legally list the species

Species added to legal list by GIC receive immediate protection under the automatic prohibitions Prohibitions may apply to: Federal lands (including reservation lands) Migratory birds and aquatic species Provincial and territorial lands under certain conditions Portions of federal lands for species listed by Provinces or Territories Protection

“No person shall kill, harm, harass, capture or take an individual of a wildlife species that is listed as an extirpated, endangered or threatened species... No person shall damage or destroy the residence of one or more individuals of a wildlife species that is listed as endangered, threatened or extirpated... No person shall destroy any part of the critical habitat of a listed endangered species or a listed threatened species”

Exemptions/Permits Sec. 74 under SARA indicates the Minister may enter into an agreement or issue a permit if: Activity scientific research related Activity benefits species If affecting species is incidental to carrying out activity, then only if Reasonable alternatives have been considered Impacts minimized Activity will not jeopardize species survival or recovery

Recovery Planning in Canada

Recovery Planning

Recovery Plan = Recovery Strategy + Recovery Action Plan

If a wildlife species is listed as an Ex, EN, or Th, the competent minister must prepare a strategy for its recovery This includes (partial list): description of the species and its needs identification of threats identification of critical habitat population and distribution objectives when one or more action plans will be completed Recovery Strategy

Action Plan The competent minister in respect of a recovery strategy must prepare one or more action plans based on the recovery strategy This includes: Identification of species’ critical habitat Measures proposed to protect the critical habitat Identification of portions of critical habitat not protected Evaluation of socio-economic costs and benefits

Recovery and Schedules Upon proclamation there are 4 lists of species 3 schedules and ‘newly listed’ species each with different timelines for protection and mandatory recovery strategies

Recovery - Schedule 1 All species for which SARA will apply upon proclamation Species have undergone reassessment under new guidelines 20 pacific region aquatic species 16 are listed as EN and TH

Schedule 1 - Legal Requirements Automatic Prohibitions upon proclamation Completion of Recovery Strategy (RS) or Management Plan (MP): ENDANGERED - Recovery Strategy completed within 3 years THREATENED - Recovery Strategy completed within 4 years EXTIRPATED - Recovery Strategy completed within 4 years SPECIAL CONCERN - Management Plan completed within 5 years ENDANGERED - Recovery Strategy completed within 3 years THREATENED - Recovery Strategy completed within 4 years EXTIRPATED - Recovery Strategy completed within 4 years SPECIAL CONCERN - Management Plan completed within 5 years

Recovery - Schedule 2 All endangered and threatened species on COSEWIC that have not yet been assessed against new criteria Once COSEWIC reassess and designates a status species go through normal GIC process (has 30 days to do so) 4 aquatic species waiting reassessment

Recovery - Schedule 3 Contains species of special concern that are on COSEWIC but need to be reassessed Upon proclamation no automatic requirement for reassessment 8 Pacific region aquatic species Once legally listed automatic prohibitions apply and MP to be completed within 3 years

Newly Listed Species Species that have been newly listed (May 02, Nov 02, May 03) After proclamation normal listing process required (GIC 9 months) Once legally listed: ENDANGERED - Recovery Strategy within 1 year of legal listing THREATENED - Recovery Strategy within 2 years of legal listing SPECIAL CONCERN - Management Plan within 3 years of legal listing ENDANGERED - Recovery Strategy within 1 year of legal listing THREATENED - Recovery Strategy within 2 years of legal listing SPECIAL CONCERN - Management Plan within 3 years of legal listing

Summary of Timelines Response statements - 90 days from COSEWIC listing GIC has 9 mo. From date of COSEWIC listing to legally list (or not) Recovery Plans from date of legal listing: 1, 2, & 3 yrs for En, Th & SC (once act in place) 3, 4, & 5 yrs for Schedule 1 upon proclamation 1, 2, & 3 yrs for ‘newly listed’ upon proclamation

DFO SARA Program /03 Core Program 4-5 people (coordinator, recovery planner, action planner, 2 science) Recovery strategies (2/yr.) - $120K Species recovery work (5 species) - $325K Decisions on which species driven by timelines in SARA and National Prioritization Scheme

Other Funding Habitat Stewardship Program Administered by Environment Canada Endangered Species Recovery Fund World Wildlife Fund/Environment Canada Interdepartmental Recovery Fund Environment Canada - for federal departments