Species at Risk Act annual report 2013: chapter 3

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3 Listing of Species at Risk

• 3.1 Listing Process
• 3.2 Federal Government Response to COSEWIC Assessments
• 3.3 Public Consultations
• 3.4 Listing Decisions
• 3.5 SARA Schedule 1 Current Status
• 3.6 Emergency Listing Orders
• 3.7 Listing Policy and Directive for Do Not List Advice

3.1 Listing Process

Upon formally receiving COSEWIC’s assessments, the Minister of the Environment has 90 days to post a response statement on the Species at Risk Public Registry indicating how the Minister intends to respond to each assessment and, to the extent possible, providing timelines for action.

During this 90-day period, the competent minister carries out an internal review to determine the level of public consultation and socio-economic analysis necessary to inform the listing decision. Timelines for action and the scope of consultations included in the response statement are based on the results of this initial review.

When COSEWIC assesses an aquatic species as threatened or endangered, Fisheries and Oceans Canada, as the competent department under SARA, undertakes a number of actions. Many of these actions require scientific information on the current status of the species, population or designatable unit, threats to its survival and recovery, and the feasibility of its recovery. In many cases, this advice is provided through a recovery potential assessment that Fisheries and Oceans Canada prepares following the COSEWIC assessment. These recovery potential assessments are taken into consideration in the SARA processes, including at the recovery planning stage. In 2013, Fisheries and Oceans Canada led a total of 36 reports associated with recovery potential assessments (8 proceedings, 25 research documents, 15 science advisory reports and 1 science response).

The next step in the listing process is for the Minister of the Environment to provide the COSEWIC assessments to the Governor in Council, and for the Governor in Council to officially acknowledge receipt of the assessments by publishing, in the Canada Gazette, an order acknowledging receipt.

Following receipt by the Governor in Council, the Minister must prepare a recommendation to the Governor in Council regarding each of the species proposed for listing, delisting, reclassification or referral back to COSEWIC for further information or consideration. When making a recommendation to the Governor in Council, the Minister of the Environment cannot vary the status of a species as assessed by COSEWIC. As required by the Cabinet Directive on Streamlining Regulation, the competent minister will conduct public consultations and socio-economic analyses, and consider the results prior to making a recommendation.

Under section 27 of SARA, the Governor in Council may, on recommendation of the Minister, decide to add a species to Schedule 1, to change the status designation of a species already listed on Schedule 1 in accordance with the status reassessment by COSEWIC, to not add a species to Schedule 1 of SARA, or to remove a species from Schedule 1 of SARA. The Governor in Council also has the authority to refer the assessment back to COSEWIC for further information or consideration. If no decision is made within nine months of receipt of the assessment, the Minister must amend the List of Wildlife Species at Risk in accordance with COSEWIC’s assessment.

All of the species that COSEWIC had assessed as being at risk prior to October 1999 (when it adopted new criteria) were included at proclamation on SARA’s Schedules 2 (endangered and threatened) and 3 (special concern). These species are being reassessed by COSEWIC using current criteria as part of the process to determine if they should be added to Schedule 1. Species on Schedule 1 benefit from SARA’s provisions for recovery and prohibitions in the case of extirpated, endangered or threatened species, or management in the case of special concern. All Schedule 2 species have since been reassessed by COSEWIC. For Schedule 3, nine species remained to be reassessed at the end of 2013.

The chart shown in Figure 1 further describes the species listing process. Table 3 (see section 3.4) provides the status of the listing process for each batch of assessed species.

3.2 Federal Government Response to COSEWIC Assessments

In September 2013, the Minister of the Environment received from COSEWIC the assessments for Batch 11. These assessments included 67 species at risk (44 terrestrial and 23 aquatic). For 1 terrestrial species (Spiked Saxifrage), COSEWIC provided an assessment and a brief reason for status designation but did not provide a status report. COSEWIC indicated that it would provide the status report at a later date. The Minister of the Environment will initiate the listing process for this species after the status report, containing full details for the assessment, has been provided.

The response statements for the other species in Batch 11 were posted in December 2013 (for details see section 3.3, Public Consultations). The response statements (full list included in Table 1) indicate the following:

• For 22 terrestrial and aquatic wildlife species, normal consultations (i.e., consistent with the consultation path that is typical for most species; see Figure 1) will be undertaken. These include 20 terrestrial species and 2 aquatic species. Seven of these 22 species are already listed on Schedule 1--1 as extirpated, 1 as endangered and 5 as threatened. The 1 endangered species is now eligible to have its risk status lowered (“downlisted”) to threatened. Of the 5 threatened species, 2 are now eligible to be downlisted to special concern and 3 are eligible to have their risk status raised (“uplisted”) to endangered. For 1 terrestrial wildlife species, COSEWIC advised the Minister that it had received new information and would therefore like to reassess it. No consultation will be undertaken at this time.
  
• For 12 aquatic wildlife species, extended consultations will be undertaken, because listing these species could potentially have marked impacts on the activities of Aboriginal peoples, commercial and recreational fishers, or Canadians at large.
  
• The Minister will also post 32^Footnote4 response statements for species already listed and for which COSEWIC had confirmed the current Schedule 1 risk status. For these 32 species, no changes to Schedule 1 are required.

Table 1: List of species received from COSEWIC in September 2013 and for which the government posted a response statement in December 2013

Note: The table has been split into four separate components: No consultation – COSEWIC to reassess, Normal consultation, Extended consultation, and Status confirmed – no consultations.

3.3 Public Consultations

In 2013, the Minister of the Environment carried out consultations for 20 terrestrial species for which status assessments had been received from COSEWIC as part of Batch 10. The consultations were undertaken to provide the Minister with a better understanding of the potential social and economic impacts of listing the species on Schedule 1 of SARA. Information collected during consultations is used to inform the Minister’s recommendations to the Governor in Council.

As well, in December 2013, the Minister of the Environment launched consultations on whether to modify the status of, or add to Schedule 1 of SARA, the 22 terrestrial species whose assessments were received in September 2013 as part of Batch 11. The document Consultation on Amending the List of Species under the Species at Risk Act: Terrestrial Species – December 2013 was posted on the Species at Risk Public Registry.

In 2013, Fisheries and Oceans Canada consulted Canadians on the possible listing on Schedule 1 of 14 aquatic species (from batches 10, 11 and 12). Public consultations were facilitated through emails to stakeholders and interested parties, and by posting supporting documents on the Species at Risk Public Registry and the Fisheries and Oceans Canada website. Fisheries and Oceans Canada also mailed consultation documents directly to other government departments, Wildlife Management Boards, stakeholders, Aboriginal peoples and non-governmental organizations for their input, and held meetings with potentially affected groups and organizations.

3.4 Listing Decisions

When making a listing decision, the Governor in Council relies on the scientific assessments provided by COSEWIC, any other relevant scientific information, an assessment of the costs and benefits (including social, cultural and economic) to Canadians, and comments received through consultations with other federal departments or agencies, other levels of government, Aboriginal peoples, wildlife management boards, stakeholders and the public. Governor in Council decisions to add a species to Schedule 1 are published as orders amending Schedule 1 of SARA in the Canada Gazette, and include Regulatory Impact Analysis Statements. Decisions to not add a species at risk to Schedule 1 of SARA or to refer the matter back to COSEWIC are published in the Canada Gazette with an explanatory note. The orders are also posted on the Species at Risk Public Registry. In 2013, the Governor in Council did not receive any listing recommendations from the Minister of the Environment.

In 2013, the Governor in Council added seven aquatic species (three species from Batch 4, two from Batch 5 and two from Batch 7) to Schedule 1 of SARA. Two aquatic species (from Batches 8 and 9) were downlisted on Schedule 1 to a lower risk status. The Governor in Council made three decisions to not list aquatic species in 2013 (from Batches 2, 3 and 4) and two decisions to refer aquatic species back to COSEWIC (from Batch 9).

Table 2: SARA listing decision made by the Governor in Council in 2013

Note: The table has been split into four separate components: Moved to a lower level of risk (downlisted), Added to List of Wildlife Species at Risk (listed), Decision to not list, and Decision to refer back to COSEWIC.

3.5 SARA Schedule 1 Current Status

When SARA was proclaimed in June 2003, Schedule 1, the official List of Wildlife Species at Risk, included 233 species. Starting in 2005, species have been added to the list every year, except in 2008. As of December 31, 2013, Schedule 1 listed 23 extirpated species, 238 endangered species, 127 threatened species and 130 species of special concern, for a total of 518 species.

Tables 4 and table5 show the number of species added to Schedule 1 each year, by risk status and government agency, respectively.

3.6 Emergency Listing Orders

Under section 29 of SARA, if the Minister of the Environment, after consultation with the other competent ministers, is of the opinion that there is an imminent threat to the survival of a wildlife species, the Minister must recommend to the Governor in Council that the species be added to the List of Wildlife Species at Risk as an endangered species on an emergency basis. Upon receipt of such a recommendation, the Governor in Council determines whether or not the species will be added to the List of Wildlife Species at Risk as an endangered species.

As of 2013, no species had been added to the List of Wildlife Species at Risk on an emergency basis.

3.7 Listing Policy and Directive for Do Not List Advice

In December 2013, Fisheries and Oceans Canada finalized a Species at Risk Act Listing Policy (Policy) and Directive for Do Not List Advice (Directive). The objective of the Policy and Directive is to ensure nationally consistent standards and to increase efficiency in the development of listing and do not list advice for aquatic species at risk by the Department to be provided to the Minister of Fisheries and Oceans.