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The Species at Risk Act




          October 2012

          Virginia Poter
          Director General Canadian Wildlife Service
          Environment Canada
The Act

• Purpose is threefold:
   – To prevent wildlife species from being extirpated or becoming
     extinct,
   – To provide for the recovery of extirpated, endangered or
     threatened species, and
   – To manage species of special concern to prevent them from
     becoming endangered or threatened.


• Proclaimed in 2002, came fully into force in 2004.


                                                 DRAFT – Page 2 – October-10-12
Under SARA Accountability Is
Shared…
• Environment Canada:
    – administers the Act, including making recommendations to Cabinet or Governor
      in Council.
    – responsible for all migratory birds under the Migratory Birds Convention Act.
    – implements the Act for terrestrial species except for individuals found on lands
      administered by Parks Canada.

• Parks Canada:
    – responsible for individuals as they occur on lands administered by Parks
      Canada.

• Fisheries and Oceans Canada:
    – responsible for aquatic species.

 All three departments enforce the Act within their own jurisdiction.
• Provinces and territories are key partners.
    – responsible for terrestrial species on provincial Crown and private lands.

                                                               DRAFT – Page 3 – October-10-12
SARA Process

                                         Monitoring and
                                          Evaluation


                 Implementation                                   Assessment
                                   SPECIES AT RISK
                                   CONSERVATION


                              Recovery                    Protection
                              Planning




• Federal approach to species at risk conservation consists of a cycle of five
  inter-dependent elements: assessment; protection; recovery planning;
  implementation; and monitoring and evaluation.


                                                                       DRAFT – Page 4 – October-10-12
Species Assessment
• Intent:
    – Assess the biological risk of extinction of species.

• Process:
    – Establishment of an independent committee of experts (Committee on the
      Status of Endangered Wildlife in Canada – COSEWIC) which is appointed by
      the Minister of Environment.
         ▪ Uses quantitative criteria adapted from the World Conservation Union (IUCN).
         ▪ Uses best biological, Aboriginal Traditional Knowledge and community knowledge.
         ▪ Species classified as one of: special concern, threatened, endangered, extirpated,
           extinct, not at risk, or data deficient.

• Results/outcome:
     Since the Act came into force, 890 species have been assessed by COSEWIC
      and 650 species have been determined to be ‘at risk’.


                                                                     DRAFT – Page 5 – October-10-12
Protection: Listing of Species at
Risk under SARA (Schedule 1)
• Intent:
    – To invoke measures to protect listed wildlife species.
• Process:
    – COSEWIC assessment forwarded to Minister provides the status, reasons for
      designation and status report.
    – Within 90 days Minister responds indicating how he intends to proceed and
      provides timelines for action.
    – Following the Minister’s response, Governor in Council formally acknowledges
      receipt of the assessments conducted by COSEWIC.
    – GiC decision (to list, not list or refer back to COSEWIC), based on the Minister’s
      recommendation, must be made within 9 months of GiC receipt of the
      assessment.
    – Different types of consultations (i.e. Canada Gazette, meetings) are conducted
      at various steps in the process.
• Results/outcome:
     510 species are currently listed on Schedule 1.

                                                               DRAFT – Page 6 – October-10-12
Protection: Critical Habitat (CH)
• Intent:
    – Utilizing a broad range of protection tools, protect CH (the habitat necessary for
       survival or recovery) against the identified Activities Likely to Destroy CH.
• Process:
    – Federal Protected Areas: a description of CH is published in Canada Gazette.
    – Other Federal Lands: a protection statement or a ministerial order must be
      published.
    – Private or Provincial/Territorial Crown Lands: SARA provides for GOC to invoke
      prohibitions on private, provincial/territorial Crown lands if province/territory isn’t
      effectively protecting. To date the provision hasn’t been used.
• Results/outcome:
     22 CH Descriptions have been published in the Canada Gazette.
     5 CH Protection Statements have been published in the Canada Gazette.
     1 Ministerial Order to protect CH for Killer Whale (2 populations).
     No GIC orders to protect CH on private or provincial Crown land.
                                                                   DRAFT – Page 7 – October-10-12
Recovery Planning: For Threatened,
Endangered or Extirpated Species
• Intent:
    – Develop a plan to arrest or reverse the decline of species, and remove or
      reduce threats to improve the likelihood of persistence of the species in the wild.

• Process:
    – First determine population and distribution objectives in recovery strategies, and
      then develop recovery measures in action plans.
    – Identify critical habitat in the recovery strategy to the extent possible.
    – Establish measures to protect the critical habitat.
    – Involves extensive collaboration with partners and stakeholders.
    – Can be single species, multi-species or ecosystem based.
    – Recovery strategies and action plans are published in the SAR Public Registry.

• Results/outcome:
     Recovery strategies dealing with 200 species have been posted (includes
      documents posted as proposed and final).

                                                               DRAFT – Page 8 – October-10-12
Recovery Implementation
• Intent:
    – Through implementation of recovery and management actions improve the
      status of species at risk and, where possible, recover species.

• Process:
    – Establish action plans for species at risk; however, this does not mean that the
      competent minister is responsible for taking/implementing the actions; that
      responsibility remains with the relevant jurisdiction.
    – Federal action includes the Habitat Stewardship Program (HSP) and Aboriginal
      Fund for Species at Risk (AFSAR) Program that specifically target activities for
      species at risk, as well as other conservation programs such as the Natural
      Areas Conservation Program (NACP) and EcoGifts Program and the
      establishment of protected areas.

• Results/outcome:
     HSP has benefitted over 400 species at risk and has contributed to the
      conservation of 167,000 ha of habitat.
     NACP has benefitted 126 species at risk and has conserved over 138,000 ha.
                                                              DRAFT – Page 9 – October-10-12
Monitoring & Evaluation
• Intent:
    – Determine the effectiveness of protection and recovery measures, measure
      progress towards achieving recovery or management goals and objectives, and
      detect changes in the status of a species.
    – Use results to inform decisions and actions at each of the different stages in the
      cycle.
• Process:
    – Examine what has been done to date to determine whether protection and
      recovery measures have contributed to abate threats and improve species
      status.
    – Use various mechanisms to report on progress and implementation such as the
      General status of wildlife species Report every 5 yrs (section 128).
    – Implement a Results-based Management and Accountability Framework
      (RMAF) and a Risk-based Audit Framework (RBAF) to define expected results
      for SARA and identify performance and risk indicators.
• Results/outcome:
     Recovery or management goals and objectives or protection measures may be
      adjusted or adapted to reflect new conditions or new information.
                                                               DRAFT – Page 10 – October-10-12

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The Species at Risk Act: An Overview of Canada's Key Biodiversity Law

  • 1. The Species at Risk Act October 2012 Virginia Poter Director General Canadian Wildlife Service Environment Canada
  • 2. The Act • Purpose is threefold: – To prevent wildlife species from being extirpated or becoming extinct, – To provide for the recovery of extirpated, endangered or threatened species, and – To manage species of special concern to prevent them from becoming endangered or threatened. • Proclaimed in 2002, came fully into force in 2004. DRAFT – Page 2 – October-10-12
  • 3. Under SARA Accountability Is Shared… • Environment Canada: – administers the Act, including making recommendations to Cabinet or Governor in Council. – responsible for all migratory birds under the Migratory Birds Convention Act. – implements the Act for terrestrial species except for individuals found on lands administered by Parks Canada. • Parks Canada: – responsible for individuals as they occur on lands administered by Parks Canada. • Fisheries and Oceans Canada: – responsible for aquatic species.  All three departments enforce the Act within their own jurisdiction. • Provinces and territories are key partners. – responsible for terrestrial species on provincial Crown and private lands. DRAFT – Page 3 – October-10-12
  • 4. SARA Process Monitoring and Evaluation Implementation Assessment SPECIES AT RISK CONSERVATION Recovery Protection Planning • Federal approach to species at risk conservation consists of a cycle of five inter-dependent elements: assessment; protection; recovery planning; implementation; and monitoring and evaluation. DRAFT – Page 4 – October-10-12
  • 5. Species Assessment • Intent: – Assess the biological risk of extinction of species. • Process: – Establishment of an independent committee of experts (Committee on the Status of Endangered Wildlife in Canada – COSEWIC) which is appointed by the Minister of Environment. ▪ Uses quantitative criteria adapted from the World Conservation Union (IUCN). ▪ Uses best biological, Aboriginal Traditional Knowledge and community knowledge. ▪ Species classified as one of: special concern, threatened, endangered, extirpated, extinct, not at risk, or data deficient. • Results/outcome:  Since the Act came into force, 890 species have been assessed by COSEWIC and 650 species have been determined to be ‘at risk’. DRAFT – Page 5 – October-10-12
  • 6. Protection: Listing of Species at Risk under SARA (Schedule 1) • Intent: – To invoke measures to protect listed wildlife species. • Process: – COSEWIC assessment forwarded to Minister provides the status, reasons for designation and status report. – Within 90 days Minister responds indicating how he intends to proceed and provides timelines for action. – Following the Minister’s response, Governor in Council formally acknowledges receipt of the assessments conducted by COSEWIC. – GiC decision (to list, not list or refer back to COSEWIC), based on the Minister’s recommendation, must be made within 9 months of GiC receipt of the assessment. – Different types of consultations (i.e. Canada Gazette, meetings) are conducted at various steps in the process. • Results/outcome:  510 species are currently listed on Schedule 1. DRAFT – Page 6 – October-10-12
  • 7. Protection: Critical Habitat (CH) • Intent: – Utilizing a broad range of protection tools, protect CH (the habitat necessary for survival or recovery) against the identified Activities Likely to Destroy CH. • Process: – Federal Protected Areas: a description of CH is published in Canada Gazette. – Other Federal Lands: a protection statement or a ministerial order must be published. – Private or Provincial/Territorial Crown Lands: SARA provides for GOC to invoke prohibitions on private, provincial/territorial Crown lands if province/territory isn’t effectively protecting. To date the provision hasn’t been used. • Results/outcome:  22 CH Descriptions have been published in the Canada Gazette.  5 CH Protection Statements have been published in the Canada Gazette.  1 Ministerial Order to protect CH for Killer Whale (2 populations).  No GIC orders to protect CH on private or provincial Crown land. DRAFT – Page 7 – October-10-12
  • 8. Recovery Planning: For Threatened, Endangered or Extirpated Species • Intent: – Develop a plan to arrest or reverse the decline of species, and remove or reduce threats to improve the likelihood of persistence of the species in the wild. • Process: – First determine population and distribution objectives in recovery strategies, and then develop recovery measures in action plans. – Identify critical habitat in the recovery strategy to the extent possible. – Establish measures to protect the critical habitat. – Involves extensive collaboration with partners and stakeholders. – Can be single species, multi-species or ecosystem based. – Recovery strategies and action plans are published in the SAR Public Registry. • Results/outcome:  Recovery strategies dealing with 200 species have been posted (includes documents posted as proposed and final). DRAFT – Page 8 – October-10-12
  • 9. Recovery Implementation • Intent: – Through implementation of recovery and management actions improve the status of species at risk and, where possible, recover species. • Process: – Establish action plans for species at risk; however, this does not mean that the competent minister is responsible for taking/implementing the actions; that responsibility remains with the relevant jurisdiction. – Federal action includes the Habitat Stewardship Program (HSP) and Aboriginal Fund for Species at Risk (AFSAR) Program that specifically target activities for species at risk, as well as other conservation programs such as the Natural Areas Conservation Program (NACP) and EcoGifts Program and the establishment of protected areas. • Results/outcome:  HSP has benefitted over 400 species at risk and has contributed to the conservation of 167,000 ha of habitat.  NACP has benefitted 126 species at risk and has conserved over 138,000 ha. DRAFT – Page 9 – October-10-12
  • 10. Monitoring & Evaluation • Intent: – Determine the effectiveness of protection and recovery measures, measure progress towards achieving recovery or management goals and objectives, and detect changes in the status of a species. – Use results to inform decisions and actions at each of the different stages in the cycle. • Process: – Examine what has been done to date to determine whether protection and recovery measures have contributed to abate threats and improve species status. – Use various mechanisms to report on progress and implementation such as the General status of wildlife species Report every 5 yrs (section 128). – Implement a Results-based Management and Accountability Framework (RMAF) and a Risk-based Audit Framework (RBAF) to define expected results for SARA and identify performance and risk indicators. • Results/outcome:  Recovery or management goals and objectives or protection measures may be adjusted or adapted to reflect new conditions or new information. DRAFT – Page 10 – October-10-12