Species at risk decision making

Species at Risk: A shared responsibility

The Species at Risk Act (SARA, 2004) is administered by three core federal departments

Fisheries and Oceans Canada (DFO)

Manages aquatic species other than for those individuals found in Parks Canada-managed waters

Parks Canada Agency (PCA)

Manages individuals of species found in or on the federal lands it administers

Environment and Climate Change Canada (ECCC)

Manages all other species, including migratory birds

• The Ministers of these three departments are referred to as “competent ministers” for Species at Risk
• The Minister of Environment and Climate Change (ECC) has overall responsibility for administration of the Act and is currently the competent Minister for PCA
• You share responsibilities with the Minister of ECC if the species is found both inside and outside areas managed by PCA

Purpose of SARA

The purpose of SARA is to:

• Prevent wildlife species from being extirpated in Canada or becoming extinct
• Provide for the recovery of wildlife species that are extirpated, endangered or threatened as a result of human activity
• Manage species of special concern to prevent them from becoming endangered or threatened

Your overall SARA decision-making role

• Provide listing advice on aquatic species to the Minister of ECCC who, in turn, makes listing recommendations to the Governor in Council (GIC)
• Approve recovery strategies, action plans, and management plans for aquatic species
• Make Critical Habitat Orders to protect critical habitat

Your role in the full SARA decision making process

How the Department supports you

DFO support for Species at Risk decisions

DFO supports you in the following ways:

1. Participates in assessments
2. Provides recommendations on listing and critical habitat protection advice
3. Implements and enforces protection and certain recovery measures applicable to listed aquatic species (e.g., Critical Habitat Orders and Prohibitions)
4. Prepares recovery documents
5. Implements recovery measures through science, collaboration with external stakeholders (i.e., Grants and Contribution programs), and management efforts
6. Monitors and reports on progress of recovery activities

Departmental support is informed by:

Science advice

Peer reviewed scientific information outlining status, and what is necessary to recover species

Socio-economic considerations

Analysis of socio-economic impacts of species recovery and protection activities, as well as the costs and benefits of stated recovery and protection measures

Consultations

A broad set of advisory processes to determine views on conservation and management efforts

• Includes Indigenous consultations: meaningful engagement on potential decisions

Legal advice

On the operation of the Act and court interpretations

Tri-departmental policy

A suite of tools (some under development) for consistent approaches to the implementation of the Act for terrestrial and aquatic species

DFO policy

A suite of tools to guide on-the- ground implementation of the Act for aquatic species

Considerations for decision making

• DFO is responsible for the protection and conservation of aquatic species but also has responsibilities for regulating activities that may harm aquatic species (e.g., fishing) or fish habitat (e.g., hydro-electric)
• Constitutional division of powers makes the federal government responsible for “sea coast and inland fisheries”; however, overlap with provincial jurisdiction necessitates involvement from both orders of government (e.g., water use, forestry)
• Courts de facto require ministerial orders for aquatic species’ critical habitat protection

Current issues

• Management of endangered whale populations (e.g., SRKW, North Atlantic Right Whale, St. Lawrence Estuary Beluga)
• Addressing the number of species that require listing decisions, and recovery document backlogs
• Improving implementation and monitoring of actions to support on-the- ground recovery of aquatic species at risk

Annex A: SARA – Detailed process

Annex B: External engagement mechanisms

• Canadian Endangered Species Conservation Council (Legislative requirement)
• Federal, Provincial and Territorial (F/P/T) Ministers responsible for conservation and management of species at risk, including Minister of DFO (led by Minister of ECCC)
• Council has not met in recent years and gaps exist regarding the appropriate venue for F/P/T Ministers to discuss species at risk issues

• National Aboriginal Council on Species at Risk (Legislative requirement)
• Members include representatives from First Nations, Inuit and Métis communities
• Purpose: to advise the Minister on implementing the administration of the act; and provide advice and recommendations to the Canadian Endangered Species Conservation Council
• First Nations Advisory Committee on Species at Risk
• Membership consists of regional Assembly of First Nations representation
• Purpose: to advise the Minister of ECCC and other competent Ministers on the Act
• Species at Risk Advisory Committee
• Membership includes representation from environmental groups, industry, and Indigenous groups
• Purpose: to provide advice on the implementation of the SARA to the Species at Risk Assistant Deputy Ministers; promote and encourage effective stewardship; and provide advice on federal programs and activities related to species at risk, so as to achieve the purposes of SARA

Annex C: Recent investments/funding

• Budget 2018 committed to leverage $1.09 billion over five years based on a $500 million investment to deliver the “Nature Legacy for Canada,” with the aim of enabling multi-species and ecosystems-based approaches to the implementation of SARA

• DFO was approved for $154.8M over five years for:
• The renewal and support of its Species at Risk Program
• The delivery of $55M over five years for the “Canada Nature Fund for Aquatic Species at Risk” contribution program
• The temporary funding (B-Base) portion of the Habitat Stewardship Program contribution program (the aquatic portion of which is delivered by DFO)
• Funding to explore opportunities to adopt ecosystem, multi-species, common threat and place-based approaches to recovery and protection of aquatic species at risk