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

DPROTECTION

ERECOVERY

Process underProposed

Species at Risk Act

Process underProposed

Species at Risk Act

AutomaticProhibitions

Exemptions

Safety Net

MandatoryRecovery Planning

Stewardship Programs /Incentives

Critical Habitat (Safety Net )

C LEGAL LISTING• Endangered• Threatened

C LEGAL LISTING• Endangered• Threatened

B RESPONSE STATEMENTS

B RESPONSE STATEMENTS

A ASSESSMENT• Status Reports• Review• COSEWIC Decision

A ASSESSMENT• Status Reports• Review• COSEWIC Decision

IHPs

Assessment Main function of COSEWIC to designate status

of species - arm’s length scientific process Members appointed by the Minister of the

Environment13 provincial/territorial representatives4 federal government representatives8 species specialist group (SSG) representatives3 “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 listRefer 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 speciesProvincial and territorial lands under certain

conditionsPortions of federal lands for species listed by

Provinces or Territories

Protection

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 relatedActivity benefits speciesIf affecting species is incidental to carrying out

activity, then only ifReasonable alternatives have been consideredImpacts minimizedActivity will not jeopardize species survival or recovery

Recovery Planning in Canada

C anadian W ild life D irectors C om m ittee(C W D C )

N ationa l R ecovery W orking G roup(N R W G )

R EN EW Secre tariat

Ind iv idua lsS takeholdersC om m unities

R ecovery Action G roups(R AG S)

N ationa l R ecovery Team s

C anadian Endangered Species C onservation C ouncil(C ESC C )

Recovery Planning

Recovery Teamformed

RecoveryStrategy

RecoveryAction Plan

(RAP)

Recovery ActionGroups (RAGs)may be formed

Recovery Projectsare implemented

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 needsidentification of threatsidentification of critical habitatpopulation and distribution objectiveswhen 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 habitatMeasures proposed to protect the critical habitatIdentification of portions of critical habitat not

protectedEvaluation 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 species16 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 proclamation1, 2, & 3 yrs for ‘newly listed’ upon proclamation

DFO SARA Program - 2002/03

Core Program4-5 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 ProgramAdministered by Environment Canada

Endangered Species Recovery FundWorld Wildlife Fund/Environment Canada

Interdepartmental Recovery FundEnvironment Canada - for federal departments