Book 2, Tab C6 - Species at risk decision-making
On this page
- Species at Risk: A shared responsibility
- Purpose of SARA
- DFO’s SARA Decision-making role
- DFO’s SARA activities
- SARA decision making – Key phases
- Departmental support is informed by
- Considerations for decision making
- Annex A: SARA – Detailed process
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 has overall responsibility for administration of the Act and is currently the competent Minister for PCA
- The Minister of Fisheries, Oceans and the Canadian Coast Guard shares responsibilities with the Minister of Environment and Climate Change if the aquatic species is found both inside and outside areas managed by PCA
Purpose of SARA
The purpose of SARA is to:
- Prevent wildlife species from becoming extirpated (no longer existing in the wild in Canada), endangered (facing extirpation or nearing extinction), or extinct (a species that no longer exists)
- 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
DFO’s SARA Decision-making role
- Provide listing advice on aquatic species to ECCC for recommendations to the Governor in Council (GIC), which results in a decision whether the species should be listed for legal protection under SARA
- Prepare recovery strategies, action plans, and management plans for aquatic species
- During the listing decision process, and following a Do Not List decision, the tools contained in the Fisheries Act and associated policies (e.g., the Precautionary Approach) and regulations (e.g., Fish Stocks Provisions) are used to protect and rebuild stocks
- Make and Enforce Critical Habitat Orders which prohibit the destruction of any part of the species critical habitat
DFO’s SARA activities
- Participates in COSEWIC-led assessments
- Provides advice on listing and critical habitat protection advice to the Minister
- Implements and enforces protection and certain recovery measures applicable to listed aquatic species (e.g., Critical Habitat Orders and Prohibitions)
- Prepares recovery documents
- Implements recovery measures through science, collaboration with external stakeholders (i.e., Grants and Contribution programs), and management efforts
- Monitors and reports on progress of recovery/management activities
SARA decision making – Key phases
Assessment
Committee on the Status of Endangered Wildlife in Canada (COSEWIC – arms- length scientific assessment body) assesses species.
The Minister of Environment and Climate Change is responsible for all response statements on consultation plans.
DFO provides advice for aquatics as part of the Response Statement.
Listing
Three possible listing options:
- List
- Do not list
- Refer back to COSEWIC
The Minister of Environment and Climate Change makes all listing recommendations to the GIC.
The Minister of Fisheries and Oceans provides advice for aquatics to the Minister of Environment and Climate Change.
Recovery Planning
Recovery strategies, action plans, and management plans
The Minister is responsible for approving these recovery documents.
Protection
When a species is listed as threatened, endangered or extirpated, it becomes illegal to (among other things) kill, or harm it. Critical habitats are also protected from destruction.
SARA has various protection tools (e.g. ministerial orders) based on the GIC listing decision
Reporting
SARA requires monitoring and reporting on the implementation of recovery documents every five years.
Departmental support is informed by:
DFO support for Species at Risk decisions
Science advice
Peer reviewed scientific information outlining status, and what is necessary to recover / conserve species
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
Socio-economic considerations
Analysis of socio-economic impacts of species listing and some protection activities.
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)
- Ministerial orders for aquatic species’ critical habitat protection trigger the prohibition against the destruction of any part of a species’ critical habitat
Annex A: SARA – Detailed process
Assessment
- COSEWIC, an independent committee of scientists and experts, assesses species as extinct, extirpated, endangered, threatened, of special concern, data deficient or not at risk
- Within 90 days of receipt of the COSEWIC Annual Report, the Minister of Environment and Climate Change must publish a response statement
Listing
- Legal listing of a species occurs when it is added to Schedule 1 of SARA; this constitutes regulatory action
- Government must make one of the following decisions: list the species at the status assessed by COSEWIC; decide not to list; or, refer the assessment back to COSEWIC for further information or consideration
- Emergency Listing also possible
Recovery planning
- Recovery strategies are required for species listed as threatened, endangered, or extirpated
- Action Plans flow out of Recovery Strategies and must state proposed measures to implement the Recovery Strategy
- Management Plans contain measures for conservation of species of special concern
Protection
- Minister is required to protect the critical habitat of a threatened, endangered or extirpated species by triggering the prohibition against destruction
- Various tools such as prohibitions, Orders to protect critical habitat, and conservation agreements
- Emergency Orders also possible
Reporting
- SARA requires the Minister to assess and report on the implementation of Recovery Strategies and Management Plans every 5 years until their objectives are met or the species’ recovery is no longer feasible
- Reporting on Action Plans takes place only once, 5 years after implementation
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