Management Plan for the Banded Killifish, Newfoundland Population, in Canada [Final] 2011: Management

Section 65 of the Species at Risk Act states that "The [management] plan must include measures for the conservation of the species that the competent minister considers appropriate..." The goal, objectives and actions for this management plan are described below.

The Newfoundland population of Banded Killifish has been designated as special concern under SARA and vulnerable under the NL ESA due to its limited area of occupancy, separation from other populations and limited potential for range expansion. The Newfoundland population is vulnerable to long-term catastrophic events or localized perturbations. However, three areas surveyed (Indian Bay, Loch Leven and Freshwater Pond) indicate that Banded Killifish are locally abundant (Chippett, 2003).

Given that this species has been listed by both federal and provincial legislation because of limited natural distribution patterns rather than documented population decrease, the primary goal for the management of the Newfoundland population of Banded Killifish is:

• Maintain existing Banded Killifish population levels and distribution, and protect habitat within watersheds in which this species is found.

This management plan includes the following objectives:

1. Conduct surveys and population monitoring;
   
2. Develop site-specific best management practices to ensure habitat protection;
   
3. Reduce by-catch mortality in the American Eel fishery; and
   
4. Increase public awareness and stewardship.

The federal Fisheries Act provides for the protection of Banded Killifish habitat through Section 35 (1), which states "No person shall carry on any work or undertaking that results in the harmful alteration, disruption or destruction of fish habitat". Fish habitat is defined by Section 34 (1) as "spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out their life processes".

Similarly, Section 28 of the NL ESA allows the Minister, by order, to set aside and specify prohibited activities within an area of land defined as "recovery habitat" (which is defined in s. 2 (j) as habitat that is necessary for the recovery of a species) or "critical habitat" (which is defined in s.2 (c) as habitat that is critical to the survival of a species) for a vulnerable species.

The full utilization of such legislative prohibitions for the protection of this species requires the delineation of known Banded Killifish habitat in Newfoundland. Indeed, Section 28 (2) of the NL ESA specifies that "the boundaries of the area shall be set out in the order by publishing a description of the area". For these legislative tools to be fully effective, population distribution information must be known and distributed to the appropriate jurisdictional authorities (i.e. DFO and the Government of Newfoundland and Labrador) to ensure Banded Killifish habitat needs are addressed through appropriate land use planning and federal and provincial permitting mechanisms.

Banded Killifish management concerns will be addressed on a case by case basis. Once development or harvesting activities are identified within a watershed known to contain this species, federal and provincial governments will be responsible for identifying concerns regarding the Banded Killifish and informing the proponent, pursuant to their respective legislative requirements. These governments will work with the proponent to develop site-specific best management practices to ensure that the viability of the Banded Killifish population is maintained. Gosse et. al. (1998) provides a summary of potential best management practices that may be implemented to protect Banded Killifish habitat. For certain routine projects that pose little risk to Banded Killifish habitat, DFO has developed Operational Statements that outline recommended mitigative measures. These low risk projects may proceed without a DFO review when all the conditions and Measures to Protect Fish and Fish Habitat found within the applicable Operational Statement are met. Refer to Appendix 4 for a complete list of Operational Statements developed for low risk habitat-related activities in the Newfoundland and Labrador Region.

In the case of the Indian Bay watershed, where forest harvesting activities are of greater concern than in other locations, DFO in collaboration with the Forestry sector will ensure best management practices (e.g. appropriate buffer zones) are included within the Sustainable Forest Management Plans prepared by landholders with tenure in the watershed. As the Indian Bay watershed is also a public protected water supply area, buffer zones widths and pesticide use are subject to more stringent policy guidelines [i.e. Policy for Land and Water Related Developments in Protected Public Water Supply Areas (Khan 1995)] as compared to other forested lands. Also, the buffers identified in Gosse et. al (1998) are the minimum allowed by the provincial Department of Natural Resources (DNR) Environmental Protection Plans. As noted in Section 1.5.2., substantial buffers have been established on most of the Indian Bay watershed and lakes of primary Banded Killifish locations have 500m-1km buffers (Blair Adams, Regional Ecologist, Department of Natural Resources, Pers. Comm.).

As noted in Section 1.5.2, Banded Killifish are a by-catch species in commercial American Eel fisheries. MAMKA (2006) concluded that the Eel fishery did not pose a major threat to the conservation of Banded Killifish. They did, however, recommend that four steps be taken to ensure low mortality in those Banded Killifish taken as by-catch:

• Remove by-catch from gear and return it to the water as soon as possible;
• Minimize exposure to air;
• Avoid touching the gills and eyes; and
• Avoid handling the fish with dry hands/gloves.

Working cooperatively with MAMKA, DFO and the Government of Newfoundland and Labrador will promote the conservation of Banded Killifish. This will include efforts to reduce by-catch in the Eel fishery and encouraging best management practices in fishery management activities.

Surveys to identify additional Banded Killifish locations will be conducted opportunistically as part of other aquatic species survey and monitoring work within DFO and the Government of Newfoundland and Labrador. Researchers and field staff will be encouraged to look for and report Banded Killifish whenever possible. Data collected on Banded Killifish, particularly distribution and population information, will be shared among jurisdictions for their specific management purposes.

Known locations of Banded Killifish will be monitored opportunistically as part of other aquatic species survey and monitoring work within DFO and the Government of Newfoundland and Labrador over time to better determine long-term population trends. A standardized, practical and cost-effective monitoring protocol will be developed by the Government of Newfoundland and Labrador Wildlife Division (with the cooperation of DFO where applicable) that will be utilized by management agencies and others to track the population.

Any surveys conducted to identify and monitor Banded Killifish should include provisions for the identification and reporting of Mummichog, given the close similarity between the two species and the potential for misidentification.

Increased public awareness of the Banded Killifish will play a vital role in the conservation of this species. Public education programs administered through DFO, the provincial government, and others are being utilized to heighten awareness of the Banded Killifish throughout the region. A Communications Strategy has been developed and implementation of outreach activities has already started.

DFO encourages other agencies and organizations to participate in the conservation of the Banded Killifish through the implementation of this management plan. Table 2 summarizes those actions that are recommended to support the management goals and objectives. The activities implemented by DFO will be subject to the availability of funding and other required resources. Where appropriate, partnerships with specific organizations and other sectors will be encouraged. Such collaboration may provide the necessary expertise and capacity to implement the suggested actions. Further discussions with potential partners are needed. This management plan recognizes that participating in the implementation of recommended activities is subject to each agency's priorities and budgetary constraints.

Table 2. Proposed Implementation Schedule

The success of the management actions will be reviewed annually, while the goals, objectives and actions outlined herein will be reported on within five years of posting the Management Plan on the Species at Risk Public Registry. The following performance measures will be used to assess the effectiveness of the objectives and management actions:

• Where opportunities have been present, have surveys and monitoring of Banded Killifish been completed?
• Has information regarding the biology, threats and distribution of Banded Killifish been shared with those responsible for land use planning and project referral reviews?
• Have Banded Killifish concerns been incorporated into land use planning and the project referral review process?
• Has information regarding the impact of by-catch in American Eel fisheries been considered in fisheries management plans, license conditions and fisher educational programs?
• Has a communications strategy been implemented?

In 2002, the Newfoundland Population of Banded Killifish were listed as vulnerable under the Newfoundland and Labrador Endangered Species Act. As a result of this listing, a draft provincial Management Plan for Banded Killifish in Newfoundland (Osborne et al, 2006) was written and has been posted on the provincial website.

There are numerous watershed-based management plans and initiatives that could have an impact on the Banded Killifish including site-specific best management practices, Sustainable Forest Management Plans prepared by landholders with tenure in a watershed and the provincial Policy for Land and Water Related Developments in Protected Public Water Supply Area.