Species at Risk Act annual report for 2019: chapter 5

2. Permits

The competent minister may enter into an agreement or issue a permit under section 73 of SARA for the following activities:

• scientific research related to the conservation of a listed species, conducted by qualified persons
• activities that benefit a listed species or enhance its chance of survival in the wild
• activities that incidentally affect a listed species

Under section 74, the Act states that an agreement, permit, licence, order or other similar document authorizing a person or organization to engage in an activity affecting a species at risk authorized by the competent minister under another Act of Parliament can have the same effect as an agreement or permit under section 73 of SARA if certain conditions are met, such as meeting the purposes and pre-conditions. These permits are considered, “SARA-compliant.” SARA compliant permits are issued under other federal Acts of Parliament, such as the Fisheries Act, the Canada National Parks Act, the Migratory Birds Convention Act, 1994 and the Canada Wildlife Act and can have the same effect as a SARA permit.

ECCC, Parks Canada and DFO jointly issued a total of 21,746 SARA permits and SARA compliant permits in 2019.

ECCC issued 53 SARA section 73 permits to allow for activities affecting over 30 species, including reptiles, amphibians, birds, vascular plants, arthropods, molluscs and mammals. Seven permits were issued for activities carried out in the area affected by an emergency protection order. Of the 53 permits issued:

• 11 were for scientific research related to the conservation of a species
• 4 were for activities benefiting a species or required to enhance its chance of survival in the wild
• 32 were for activities incidentally affecting a species
• 6 were for more than one of these three purposes

ECCC also issued 354 SARA-compliant permits affecting, or with the potential to affect, threatened and endangered migratory bird species under the Migratory Birds Convention Act, 1994. Details regarding delivery of permits against ECCC service standards are available online.

Parks Canada issued a total of 29 permits, some of which were SARA compliant permits issued under the Canada National Parks Act. Of the 29 permits issued:

• 14 permits, covering at least 13 listed species, were issued to academic and government researchers, as well as Parks Canada scientists, for conservation research affecting species at risk (e.g. inventory, population monitoring, habitat use and restoration, and conservation genetics)
• 4 permits were issued for an activity necessary or beneficial to 4 listed species
• 15 permits were issued for activities that may incidentally affect at least 21 listed species

Parks Canada maintains an online research permitting system to enhance services to researchers, and to ensure that the agency is informed of research being conducted on the lands and waters it administers. The system incorporates a mandatory peer‐review mechanism that ensures that SARA requirements are considered for every research activity.

DFO issued a total of 191 permits in 2019. Under the Fisheries Act, DFO also issued 120 fishing licences for experimental, scientific, and educational purposes under section 52 of the Fishery (General) Regulations, three authorizations under section 38 of the Marine Mammal Regulations, and eight authorizations under paragraph 35(2)(b) of the Act that serve as SARA permits. 

Of the 322 permits, licences and authorizations described in the paragraph above:

• 83 were for scientific research related to the conservation of an aquatic species
• 27 were for other activities that benefit the species or enhance its chance of survival in the wild (e.g. monitoring surveys or marine mammal rescue)
• 212 were for activities that incidentally affected the listed species (examples include accidental capture while undertaking research on other non-listed species or fish or mussel relocation during construction activities)

Some commercial fishing licences issued under the Fisheries Act where incidental bycatch of a species at risk is a possibility, are issued to be SARA-compliant licences in accordance with section 74 of SARA. In 2019, DFO issued 20 984 commercial fishing licences under the Fisheries Act where incidental catch of white shark and loggerhead sea turtles were recognized to be a possibility. 

Conditions have been added to fishing licences that require mandatory reporting of interactions in logs books, and a requirement to release individuals in the manner that causes the least harm. While there are a large number of such licences, actual interactions are very rare. 

Explanations for all SARA permits issued by ECCC, Parks Canada and DFO are posted on the Species at Risk Public Registry.