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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
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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.
Legal Listing Process • COSEWIC reports to CESCC (Canadian Endangered Species Conservation Council) followed by Press Release • Response Statements released by responsible Minister within 90 days • 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 • If GIC does not take one these courses of action, the Minister of the Environment is required to legally list the species
Protection • 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 Strategy • 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
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
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
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 - 2002/03 • 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