Canada's Species at Risk Act (SARA)

Question 1

What does SARA stand for?

Answer 1

Species At Risk Act

Question 2

What was the protection situation like for imperilled species in Canada prior to SARA?

Answer 2

• prior to SARA, imperilled species were happening in a decentralized force for assessment
• imperilled sp were loosely defined by COSEWIC and protected through patchwork of federal and provincial lands, acts and voluntary measures
  L> National + Provincial Parks, National Wildlife Areas, Migratory Bird Sanctuaries; general federal or provincial crown lands
  L> Nature Conservancy lands, municipal conservation areas, other public or private conservation areas.
• General wildlife legislation that covered most sp: Fisheries Act, Oceans Act, Ontario Fish and Wildlife Conservation Act + Alberta Wildlife Act (Provincial legislation exs )

Question 3

What was the process like leading to SARA?

Answer 3

• 10 year process
• 1992 -> UN CBD and Canadian Biodiversity Strategy
• Bill C65- Canada Endangered Species Act
  -Bill C33 - Species at Risk Act
  L> failure bc of disagreement sbtpn federal and provincial governments; debate about how habitat should be protected; debate about scientists vs politicians deciding if species are listed; concerns about litigation and legal aspects surrounding listing; concerns about private land issues and compensation; two federal elections (results in change of cabinet that passes legislation etc)

Question 4

When was SARA passed?

Answer 4

• 2002
• proclaimed in 2003
• automatic prohibitions were enforced in 2004.
• *provides a comprehensive mechanism for species assessment and recovery, offering a central force.

Question 5

Which federal departments are responsible for SARA?e

Answer 5

• DFO (marine mammals, fishes, shellfishes, marine plants

- Environment Canada (covers everything else ; PC plays a role if sp is on national park land) can

Question 6

List the steps of SARA.

Answer 6

1. Species identified by scientific assessment through COSEWIC
2. COSEWIC assessment is reviewed by gov’t and public
3. Species listing decision is made
4. Prohibitions regarding species and their residency
5. Recovery strategy prepared, including critical habitat
6. Recovery Action Plan prepared based on RS
7. Protection of Critical Habitat
8. Agreements and permits; enforcement measures

Question 7

SARA Process:

• Step 1: How are species identified for consideration under SARA?

Answer 7

• Standard COSEWIC process
• Two other unique mechanisms:
  1. Citizen listing application
  2. Emergency listing application
  L> this is done if new science indicates a species is in extreme peril and there isn’t time for the typical process (approx 4 years)

Question 8

What species categories are identified in SARA?

Answer 8

1. Endangered
   L> facing imminent extirpation or extinction
2. Threatened
   L> likely to become endangered if limiting factors are not reversed
3. Special Concern
   L> characteristics make it particularly sensitive to human activities or natural events.

Question 9

What is the general listing process under SARA , described by Hutchings?

Answer 9

COSEWIC initiates status report -> COSEWIC assesses status -> Minister of Environment -> Minister issues response ………(undefined time period)…. -> Minister send COSEWIC assessment to GIC -> Listing decision

Question 10

What is a major legislative loophole in SARA?

Answer 10

• After 36 months , Ministers timeline for responding to COSEWIC assessment is not pre defined. They have 90 days to pass the assessment to the government, after which there is no pre defined time period for the gov to send back. This grey language is an issue and can lead to a sp siting on a shelf for years. Harper government interpreted this as that the 90 day time period only started until the minister passes judgement and hands it to the cabinet office. Cabinet makes final decision, they are not required to provide a formal report on their reasoning to reject

Question 11

SARA Process:

Step 2: COSEWIC Assessment is reviewed by gov’t and public
L> What is a recovery Potential Assessment?

Answer 11

• a report similar to the COSEWIC status report, providing info on distribution, biological synopsis and general life history; less focus on IUCN criteria.
• specific to DFO
• Sent to GIC prior to listing decision but occurs after COSEWIC assessment
• expanded to include detail relevant to recover potential:
  L> key habitat attributes
  L> risk based assessment of threats
  L> detailed population modelling
  L> the effect of mortality on pop trajectories
  L> scope for allowable harm (like permits)
• recovery potential analysis: can provide timelines based on management scenarios
• The minister uses the RPA to understand what recovery might look like…to understand feasibility

Question 12

SARA Process:

Step 2: Socio-Economic Analysis?

Answer 12

• public surveys on how people value sp, view them etc
• depending on how people answer this, the data could be used to understand the value Canadians place on these sp at large, and how conservation efforts should be prioritized
• DFO can still place regulations even if a sp isn’t listed as endangered
• porbeagle shark was ex in class.

Question 13

SARA Process:

Step 2: Regulatory Impact Analysis Statement (RIAS) produced in advance of listing decision ?

Answer 13

• this is for terrestrial and aquatic systems vs RPA and SEA which are mostly for aquatic systems
• details critical habitat, automatic prohibitions and enforcement measures

Question 14

SARA Process:

Step 3: Species listing decision process?

Answer 14

• Minister (liaison btwn GIC and COSEWIC) makes one of four decisions
  1. Decides not to list
  2. Decides not to list with a reason (this is publicly available as well)
  3. List
  4. Do nothing = automatic listing (if not listed the sp remains on COSEWICs timeline)

Question 15

SARA Process:

Step 4: What are the key points for Prohibitions Regarding species and their residency?

Answer 15

• Automatic prohibitions if END, THR under SARA
• NO person shall kill, harm, harass, capture or take an individual listed as extirpated, endangered or threatened
• No person shall damage or destroy the residence of one or more individuals of sp listed as endangered or threatened
  L> residence = den, nest etc.

Question 16

SARA Process:

Step 5: Recovery strategy.
L> What is the time line for this?

Answer 16

• if a species is listed as EN, TH, EX, a recovery strategy must be prepared within:

1 year for Endangered

2 years for Threatened

3 years for Extirpated

**if listed as special concern, 3 years

Question 17

SARA Process:

Step 5: Recovery strategy. Explain it.

Answer 17

• small document with not much info
• describes biological needs, ecological role and limiting factors
• identification of critical habitat
• recovery feasibility
• approaches to meet recovery objectives
• effect of recovery on other species
• includes short term goals (5-10 years) and long term goals (>20 y)
  L> long term focuses on full recovery ..maintaining self sustaining extant pops and restore self sustaining pops to formerly occupied areas where feasible.
  L> short term focuses on protection of critical habitat, refine pop and distribution objectives, determine long term pop and habitat trends; evaluate + min threats ; investigate feasibility of pop supplementation; chance efficiency of recovery efforts via coordination with aquatic and terrestrial ecosystem recovery teams ; improve public awareness

Question 18

SARA Process:

Step 5: Recovery strategy.
L> How do they define critical habitat ?

Answer 18

• the habitat necessary for the survival or recovery of a listed sp and is unidentified as the species’ critical habitat in the recovery strategy or action plant of the species
• Legal interpretation: habitat protection does not commence under SARA until critical habitat is identified in a recovery strategy or action plan

Question 19

SARA Process:

Step 5: Recovery strategy.
L> What is the jurisdiction for critical habitat ?

Answer 19

• Provinces must protect listed species to at least SARA standards or the Federal Gov may extend its jurisdiction and apply SARA through it’d Safety Net provisions: discretionary action by fed gov when sp listed as threatened or endangered under SARA are not receiving effective protection on non federal lands.

Question 20

What does SARA define critical habitat to be for aquatic sp at risk?

Answer 20

• spawning grounds and nursery, rearing, food supply, migration and any other areas on which aquatic sp depend directly or indirectly in order to carry out their life processes or areas where aquatic sp former occurred and have the potential to be reintroduced

Question 21

SARA Process:

Step 5: Recovery strategy. Explain how feasibility is assessed.

Answer 21

1. Are individuals capable of reproduction currently available to improve the pop growth rate or pop abundance
2. Can significant threats to the sp or its habitat be avoided or mitigated through recovery actions

Question 22

SARA Process:

Step 5: Recovery strategy. What are performance measures?

Answer 22

• used for evaluation of the achievement of recovery objectives.
• used for species specific recovery
• ex: Objectives: protect known pops and habitats; determine the extent, abundance and demographics of existing pops; determine the extent, abundance and quality of existing habitat in areas of occurrence through a focused sampling program

Question 23

SARA Process:

Step 5: Recovery strategy. What is stewardship?

Answer 23

• educational outreach and stewardship

L> focussing on awareness and implementation

Question 24

Explain the situation under SARA for critical habitat protection

Answer 24

• Once in RS/AP, Minister must consider whether CH is adequately protected
• most federal lands are a straightforward process
• For non federal lands must determine whether territory/provinces provide effective protection
  L> CH is protected/effectively protected; no action required by SARA
  L> Portion of CH is unprotected but Minister taking steps to protect
  L> Portion of CH is unprotected; Minister recommend to GIC that federal protection order be made
  L> GIC decides whether or not to issue order based on broader consideration

Question 25

SARA Process:

Step 8: Agreements and permits: What enforcement can happen?

Answer 25

• range of penalties for a person or corporation found guilty of a SARA offence
  1. Summary conviction offence (less serious)
  2. Indictable offence (more serious)

**corporation, non profit corporation and individuals - charge levels

Question 26

SARA Process:

Step 8: Agreements and permits: When may the Minister issue a permit?

Answer 26

1. the activity is scientific research relating to the conservation of the species and conducted by qualified persons
2. the activity benefits the sp or is required to enhanced its chance of survival in the world
3. all feasible measures taken to reduce impact of activity on species

Question 27

SARA Process:

Step 8: Agreements and permits:Explain the risk based permitting process.

Answer 27

• as granting permits increases, likelihood of impact to species is low and magnitude of impact to species.

Question 28

Explain the Loggerhead Shrike case study.

Answer 28

• If sp is on federal lands: SARA automatic prohibitions are in place
• Automatic prohibitions also apply to all aquatic sp (Fisheries Act) and birds listed under the migratory birds convention ct, regardless of where they are found
• even though critical habitat does not occur via SARA unless on federal lang, automatic prohibitions still play a role for birds in MBCAn

Question 29

What is the make up of Canada’s landscape?

Answer 29

• 89% of land is crown (41% federal and 48% provincial, and 11% ownership)
• Most federal crown is in territories but at provincial level, only 4 % of land coverage .
• In ontario, 85% of private lands are sued for agricultural

Question 30

What are two key points of SARA?

Answer 30

• strong focus on stewardship, voluntary agreements, partnership , landowners, and incentive terrestrial spp.
• crucial role for existing federal and provincial legislation to provide so called critical habitat

Question 31

Explain act is Ontario’s Endangered Species Act (ESA), 2007

Answer 31

• 1971
• overhaul in 2007
• purpose, structure, and process similar to COSEWIC and SARA but at the provincial scale (assessing endangerment at the provincial level

Question 32

Who are the main plays are in ESA?

Answer 32

• committee on the status of species at risk in ontario (COSSARO)
• species at risk in Ontario list
• endangered species act, 2007
  Minister of Natural Resources and forestry; All species designations the same as COSEWIC but at provincial level

**all lead to jurisdictional challenges

Question 33

What are the prohibitions under ESA 2007?

Answer 33

No person can kill, harm, harass, capture or take a living member of a so that is listed on the species at risk in Ontario list as an extirpated, endangered or threatened

B. possess, transport, collect, buy, sell, lease, trade or offer to buy, sell, lease or trade (i) a living or dead member of a species that is listed on a Species at Risk in Ontario List

C. Damage or destroy the habit of a species at risk in Ontario (SARO) the is listed as endangered or threatened

Question 34

What are the key differences between ESA and SARA?

Answer 34

• under ESA, habitat definition is not limited to provincial lands. looser def than SARA and can be applied to private lang
• process and legal mechanisms not as transparent as COSEWIC/SARA

Question 35

Explain the Migratory Birds Convention Act.

Answer 35

• created as part of the migratory bird treaty (CAN, US) , 1917 to reduce uncontrolled hunting
• only certain species are included. Birds not included: hawks, owls, eagles, falcons, grouse, quail, pheasants, ptarmigan, cormorants, pelicans, crows, jays, kingfishers and some sp of black birds
• act was substantially revised in 1994
• like most federal legislation, risk based permitting process for development

Question 36

What are the main mechanisms of protection under the MBCA (Migratory Birds Convention Act)?

Answer 36

1. protection fo species themselves regardless of where they are found
2. protect nests and breeding areas regardless of where they are found
3. prohibition regarding pollution or substances that can harm species
4. authority to create and manage migratory bird
5. Species under MBCA trigger SARA’s automatic prohibitions regardless of where found

Question 37

What did SARA identify as the cumulative threats of the loggerhead shrike?

Answer 37

• habitat loss and fragmentation
• overwinter survival
• pesticide effects
• vehicle collisions
• these interact with already low pop size

Question 38

Contrast SARA, MBCA and ESA for Loggerhead Shrike in Ontario.

Answer 38

• Endangered under SARA
• Endangered under Ontario’s Endangered Species Act
• Species is protected under the migratory birds convention act.

Question 39

How did SARA assess the Loggerhead Shrike habitat ?

Answer 39

• Generally compatible
  L> continuation fo agricultural practices and planned management activities such as annual ahefvest, mowing and rotational cattle grazing
  L> activities that help to maintain semi open or open habitats which provide an abundance fo food resources
  L> use of exiting roadways include access roads
• Generally not compatible
  L> large scale development activities the result ins ig alteration or clearing of veg
  L> indiscriminate application of pesticides within habitat

Question 40

Hebblewhite 2017 – States what about the Caribou listing in an Alberta Context?

Answer 40

• Alberta oil and gas development and forestry leave caribou habitat fragmented and degraded
• Boreal caribou listed as threatened under SARA (automatic prohibitions and critical habitat)
• Alberta has a provincial listing of threatened under the Wildlife Act, 2000.
  L> recovery plans are developed for listed sp, there is no requirement to identify critical habitat
  L> recovery plan was drafted and adopted in 2003 except for the portion that recommended a moratorium on development in caribou ranges
  L> recommended that range plans be developed for each caribou range – still only a draft.

Question 41

What does SARA identify as critical habitat for Boreal Caribou?

Answer 41

1. area within the boundary of each caribou range that provides overall ecological condition that will allow for an ongoing recruitment and retirement cycle of habitat, which maintains a perpetual state of a min of 65% undisturbed habitat
2. biophysical attributes required by boreal caribou to carry out life processes

• *range is described by three components: location of habitat, amount of habitat and type of habitat.
• most of Canadian boreal caribou range is disturbed habitat…so is it even feasible or possible?

Question 42

Give a prime example of the non-existent legal protection for species at risk under the Wildlife Act.

Answer 42

• Boreal Caribou in Northern Alberta
• has been listed as a threatened species under the Wildlife Act since 1987 but the species has not been given meaningful legal protection in Alberta for 25 years since being listed. The Alberta gov produced a recovery plan in 2004 but the Alberta Gov did not accept the recommendation of its own experts for a moratorium on further resource dispositions in caribou habitat ranges. Likely bc caribou habitat overlaps with lands subject to oil sands development.

Question 43

SARA identifies the needed critical habitat to be maintained at 65% for a self sustaining population of caribou. Explain what this means for different scenarios of caribou ranges.

Answer 43

• if the boreal range is less than 65% undisturbed… restoration of the habitat to a minimum of 65% undisturbed will be necessary
• If the boreal range is greater than or equal to 65% undisturbed habitat……maintenance of a min of 65% is necessary

Question 44

Describe how protection is provided for critical habitat.

Answer 44

• Provincial laws typically provide protection for critical habitat
• Alt, SARA prohibition can be applied by an order from the Governor in Council under SARA (Doctrine of Paramountcy)
• If the minister determines that caribou for ex and /or its critical habitat are not protected, they must recommend that the governor in council make an order to protect the species and tis habitat. The Governor in Council (federal cabinet committee) will then decide whether to issue the orders. This is a requirement under SARA.

Question 45

Does SARA have a formalized timeline for a conduction of socioeconomic analysis?

Answer 45

• no
  -With caribou for ex…SARA states in the action plan that a socio economic analysis of direct costs of implementing actions outlined in the Action plan will be undertaken at a future date. Further explaining that provinces and territories producing a range plan etc are better placed to evaluate the costs and benefits of the measures they propose in these plans
  L> a working group was established in 2017, with provinces, territories and fed government to share info and promote consistency in how to undertake socio economic analyses of costs/benefits if plans developed by provinces and territories

Question 46

When does SARA require social and economic factors to be taken into account?

Answer 46

• when action plans are developed, during the recovery planning process. Action plans must include an evaluation of socioeconomic costs and benefits.
• It is the responsibility of the Minister top monitor the action plan implementation and progress and assess + report on implementation, including socio economic impacts

Question 47

Explain how caribou represent an opportunity for triage.

Answer 47

• majority of herds in Alberta facing collapse within 15=40 years.
• opportunity cost of protection these ranges ~100+ billion
  L> basically if we do everything we can to protect them, there is an opportunity cost where we will lose out a potential earning
• habitat restoration and continued wolf control would cost 100+ billion
• Triage in the sense of looking at the most viable cases not necessarily the most at risk. Which will resources actually benefit the most?

Question 48

What is Alberta’s suggested caribou conservation plan?

Answer 48

• 18,000km2 protected area
• strong focus now working with oil and gas companies for habitat restoration within ranges
• continue with predator management
• caribou rearing facility in worst affected ranges (basically have electric fence, keeping caribou in and keeping wolves, bears, moose and deer out)
  L> release yearlings into wild

Question 49

What are the difficulties in critical habitat designation outlined by Bird & Hodges 2017?

Answer 49

• severe underfunding
• understaffing and long consultations
• not enough science
• challenges at the science policy interface