ARCHIVED — Order Amending Schedule 1 to the Species at Risk Act

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Vol. 144, No. 6 — March 17, 2010

Registration

SOR/2010-32 February 23, 2010

SPECIES AT RISK ACT

P.C. 2010-200 February 23, 2010

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 27 of the Species at Risk Act (see footnote a), hereby makes the annexed Order Amending Schedule 1 to the Species at Risk Act.

ORDER AMENDING SCHEDULE 1 TO THE SPECIES AT RISK ACT

AMENDMENTS

1. Part 2 of Schedule 1 to the Species at Risk Act (see footnote 1) is amended by adding the following in alphabetical order under the heading “REPTILES”:

Foxsnake, Eastern (Pantherophis gloydi) Carolinian population
Couleuvre fauve de l’Est population carolinienne

Foxsnake, Eastern (Pantherophis gloydi) Great Lakes / St. Lawrence population
Couleuvre fauve de l’Est population des Grands Lacs et du Saint-Laurent

2. Part 2 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading “ARTHROPODS”:

Clubtail, Rapids (Gomphus quadricolor)
Gomphe des rapides

Moth, Dusky Dune (Copablepharon longipenne)
Noctuelle sombre des dunes

3. Part 2 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading “PLANTS”:

Centaury, Muhlenberg’s (Centaurium muehlenbergii)
Petite-centaurée de Muhlenberg

Goldfields, Rayless (Lasthenia glaberrima)
Lasthénie glabre

Popcornflower, Fragrant (Plagiobothrys figuratus)
Plagiobothryde odorante

Sedge, Foothill (Carex tumulicola)
Carex tumulicole

Silverpuffs, Lindley’s False (Uropappus lindleyi)
Uropappe de Lindley

Violet praemorsa subspecies, Yellow Montane (Viola praemorsa ssp. praemorsa)
Violette jaune des monts de la sous-espèce praemorsa

4. Part 3 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading “BIRDS”:

Flycatcher, Olive-sided (Contopus cooperi)
Moucherolle à côtés olive

Hawk, Ferruginous (Buteo regalis)
Buse rouilleuse

Knot roselaari type, Red (Calidris canutus roselaari type)
Bécasseau maubèche du type roselaari

Nighthawk, Common (Chordeiles minor)
Engoulevent d’Amérique

Warbler, Canada (Wilsonia canadensis)
Paruline du Canada

5. Part 3 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading “AMPHIBIANS”:

Frog, Western Chorus (Pseudacris triseriata) Great Lakes / St. Lawrence – Canadian Shield population
Rainette faux-grillon de l’Ouest population des Grands Lacs / Saint-Laurent et du Bouclier canadien

6. Part 3 of Schedule 1 to the Act is amended by striking out the following under the heading “REPTILES”:

Foxsnake, Eastern (Elaphe gloydi)
Couleuvre fauve de l’Est

7. Part 3 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading “REPTILES”:

Turtle, Wood (Glyptemys insculpta)
Tortue des bois

8. Part 3 of Schedule 1 to the Act is amended by striking out the following under the heading “PLANTS”:

Violet praemorsa subspecies, Yellow Montane (Viola praemorsa praemorsa)
Violette jaune des monts de la sous-espèce praemorsa

9. Part 3 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading “LICHENS”:

Bone, Seaside (Hypogymnia heterophylla)
Hypogymnie maritime

10. Part 4 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading “BIRDS”:

Heron fannini subspecies, Great Blue (Ardea herodias fannini)
Grand héron de la sous-espèce fannini

11. Part 4 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading “ARTHROPODS”:

Moth, Pale Yellow Dune (Copablepharon grandis)
Noctuelle jaune pâle des dunes

12. Part 4 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading “PLANTS”:

Pinweed, Beach (Lechea maritima)
Léchéa maritime

COMING INTO FORCE

13. This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Executive summary

Issue: A growing number of wildlife species in Canada face pressures and threats that put them at risk of extirpation or extinction. Many serve important biological functions or have intrinsic, recreational and existence value to the Canadian public and require conservation and protection to ensure healthy ecosystems for future generations.

Description: This Order adds 18 terrestrial species to Schedule 1 of the Species at Risk Act (SARA) and reclassifies three terrestrial species already listed on Schedule 1. Nine aquatic species will be dealt with separately. These amendments are being made on the recommendation of the Minister of the Environment. The addition of species to Schedule 1 as extirpated, endangered or threatened invokes prohibitions to protect those species from extinction or extirpation in Canada. SARA also requires the preparation of recovery strategies and action plans to provide for their recovery and survival. When a species is added to Schedule 1 as a species of special concern, SARA requires the preparation of a management plan to prevent them from becoming endangered or threatened.

Cost-benefit statement: Overall, the benefits of this Order are likely to be positive for terrestrial species due to the expected value placed on the species based on an individual’s willingness to pay for protecting the species and limited costs. The three species being reclassified on Schedule 1 are not expected to result in incremental costs as the changes would not alter prohibitions or management requirements currently in place. There will, however, be some limited costs as a result of adding species to Schedule 1 as threatened or endangered.

Business and consumer impacts: The impacts of listing on governments, industries and individuals are expected to be low to moderate for all terrestrial species that are being added to Schedule 1 by this Order due to limited distribution and overlapping with human activities and to the protection that some of the species already receive under various statutes of Parliament and provincial acts.

Domestic and international coordination and cooperation: International coordination and cooperation for the conservation of biodiversity is provided through the Convention on Biological Diversity (CBD) (see footnote 2) to which Canada is a signatory. Domestic coordination and cooperation is covered by several mechanisms developed to coordinate Species at Risk (SAR) Program implementation across the various domestic jurisdictions. These include inter-governmental committees, a National Framework for Species at Risk Conservation (NFSARC), and negotiated SAR bilateral agreements. The SAR bilateral agreements foster collaboration in the implementation of SARA and of provincial/territorial endangered species legislation.

Performance measurement and evaluation plan: Environment Canada has put in place a Results-based Management and Accountability Framework (RMAF) and a Risk-based Audit Framework (RBAF) for the Species at Risk Program. The specific measurable outcomes for the Program and the performance measurement and evaluation strategy are described in the Species at Risk Program RMAF and RBAF. The next Program evaluation is scheduled for 2010–2011.

Issue

A growing number of wildlife species in Canada face pressures and threats that put them at risk of extirpation or extinction. Canada’s natural heritage is an integral part of Canada’s national identity and history. Wildlife, in all its forms, has value in and of itself and is valued by Canadians for aesthetic, cultural, spiritual, recreational, educational, historical, economic, medical, ecological and scientific reasons. Canadian wildlife species and ecosystems are also part of the world’s heritage, and the Government of Canada has ratified the United Nations Convention on the Conservation of Biological Diversity. The Government of Canada is committed to conserving biological diversity.

Background

On June 11, 2009, the Governor in Council (GIC) officially acknowledged receipt of assessments for 30 species that had been assessed by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC). This initiated the nine-month legislated timeline within which the GIC, on the recommendation of the Minister of the Environment, decides on whether or not to add these species to Schedule 1 of the Species at Risk Act (SARA) [the List of Wildlife Species at Risk], or refer them back to COSEWIC for further information or consideration. As such, the GIC is required to render a final decision regarding her decision to add a species to the List, not to add a species to the List or to refer the matter back to COSEWIC by March 11, 2010. Decisions with respect to reclassification of a species are not subject to the nine-month timeline. This Order and Regulatory Impact Analysis Statement address 21 assessments for terrestrial species. Nine of the thirty assessments received by the GIC dealt with aquatic species, and these will be addressed separately.

SARA is a key tool in the ongoing work to protect species at risk. By providing for the protection and recovery of species at risk, the Act is one of the most important tools in the conservation of Canada’s biological diversity. The Act also complements other laws and programs of Canada’s federal, provincial and territorial governments, and supports the efforts of conservation organizations and other partners working to protect Canadian wildlife and habitat.

Objectives

The purposes of SARA are

1. To prevent wildlife species from being extirpated or becoming extinct;

2. To provide for the recovery of wildlife species that are extirpated, endangered or threatened as a result of human activity; and

3. To manage species of special concern to prevent them from becoming endangered or threatened. (see footnote 3)

A decision to add a species to Schedule 1 of SARA as endangered or threatened will result in the species receiving the benefits of protection and recovery measures required under SARA. Species listed as special concern will receive the benefits of a SARA management plan. This will result in overall benefits to the environment, both in terms of the protection of individual species and the conservation of Canada’s biological diversity.

A decision not to list species assessed as at risk by COSEWIC to Schedule 1 of SARA means that the protection and recovery measures under SARA will not apply. A decision not to list a species is arrived at after weighing the costs of listing against the anticipated benefits. In some instances, a species may be protected through other existing tools, including legislation such as the Migratory Birds Convention Act, 1994, and non-legislative tools such as government programs and actions by non-governmental organizations, industry, and Canadians, may provide protection to a species that is not listed. (see footnote 4)

The purpose of the Order Amending Schedule 1 to the Species at Risk Act is to add 18 species to Schedule 1, the List of Wildlife Species at Risk (the List), and to reclassify three listed species, pursuant to section 27 of SARA. This amendment is made on the recommendation of the Minister of the Environment based on scientific assessments by COSEWIC, and on consultations with governments, Aboriginal peoples, stakeholders and the Canadian public.

Description

On June 11, 2009, the GIC acknowledged the receipt of 30 status assessments of wildlife species from COSEWIC. Of these, 21 are terrestrial species that have been determined, through an established process, to be eligible for listing or reclassification under SARA. For more details about this process, please refer to www.sararegistry.gc.ca.

Of the 21 species assessments received from COSEWIC, the GIC has decided to add 18 species to Schedule 1 and to reclassify three species currently listed as threatened to endangered on Schedule 1 of SARA.

Number of species added to Schedule 1

Status

Total

Endangered — i.e. facing imminent extirpation or extinction

7

Threatened — i.e. likely to become endangered if nothing is done to reverse threats

8

Special concern — i.e. species at risk of becoming threatened or endangered

3

Total

18

Number of species reclassified on Schedule 1

Status

Total

Threatened to endangered

3

Total

3

The status, as assessed by COSEWIC, for the 21 species is presented in Table 1. The full status assessments, including the reasons for classification, and the species range for 21 species identified in this regulatory action, are available at www. sararegistry.gc.ca.

Table 1. Status designations of 21 species assessed by COSEWIC and received by the GIC on June 11, 2009

Species added to Schedule 1 of SARA (18)

Birds

1

Canada Warbler

Threatened

2

Common Nighthawk

Threatened

3

Ferruginous Hawk

Threatened

4

Olive-sided Flycatcher

Threatened

5

Red Knot roselaari type

Threatened

6

Great Blue Heron fannini subspecies

Special concern

Reptiles

7

Wood Turtle

Threatened

Amphibians

8

Western Chorus Frog (Great Lakes / St. Lawrence — Canadian Shield population)

Threatened

Arthropods

9

Dusky Dune Moth

Endangered

10

Rapids Clubtail

Endangered

11

Pale Yellow Dune Moth

Special concern

Vascular plants

12

Foothill Sedge

Endangered

13

Fragrant Popcornflower

Endangered

14

Lindley’s False Silverpuffs

Endangered

15

Muhlenberg’s Centaury

Endangered

16

Rayless Goldfields

Endangered

17

Beach Pinweed

Special concern

Lichens

18

Seaside Bone

Threatened

 

Species reclassified from threatened to endangered on Schedule 1 of SARA (3)

Reptiles

1

Eastern Foxsnake (Carolinian population)

Endangered

2

Eastern Foxsnake (Great Lakes / St. Lawrence population)

Endangered

Vascular plants

3

Yellow Montane Violet praemorsa subspecies

Endangered

Upon listing on Schedule 1, terrestrial species classified as threatened, endangered and extirpated on federal lands, and migratory birds as defined by the Migratory Birds Convention Act, 1994, wherever they are found, will benefit from immediate protection through general prohibitions under SARA.

Under sections 32 and 33 of the Species at Risk Act, it is an offence to

  • kill, harm, harass, capture or take an individual of a listed species that is extirpated, endangered or threatened;
  • possess, collect, buy, sell or trade an individual of a listed species that is extirpated, endangered or threatened, or its part or derivative;
  • damage or destroy the residence of one or more individuals of a listed endangered or threatened species or of a listed extirpated species if a recovery strategy has proposed its reintroduction into the wild in Canada.

Protection of species listed as extirpated, endangered or threatened on Schedule 1 of SARA on non-federal lands falls under the jurisdiction of the provincial and territorial governments. Should the species or the residences of its individuals not be effectively protected by the laws of a province or a territory, SARA has provisions that give the federal government the power to apply the prohibitions mentioned above on non-federal lands to secure their protection. If the Minister is of the opinion that the laws of a jurisdiction do not effectively protect a species or the residences of its individuals, the Minister must make a recommendation to the GIC to invoke the prohibitions in SARA. The Minister must consult with the minister of the jurisdiction concerned and, where appropriate, the wildlife management board before making a recommendation to the GIC. The GIC considers the recommendation of the Minister and decides whether or not to invoke the prohibitions in SARA for the protection of listed wildlife species on non-federal lands.

Under section 37 of SARA, once a terrestrial species is listed on Schedule 1 as extirpated, endangered or threatened, the Minister of the Environment is required to prepare a strategy for its recovery that identifies critical habitat. Pursuant to section 41 of SARA, the recovery strategy must, inter alia, address threats to the species’ survival, identify critical habitat, to the extent possible, based on the best available information, and identify research and potential management measures needed to recover the population. The recovery strategy also provides a timeline for completion of one or more action plans. A management plan must be prepared for species listed as special concern.

Action plans are required to be developed to implement recovery strategies for species listed as extirpated, endangered or threatened. Action plans can identify measures to achieve the population and distribution objectives for the species and when these may take place; a species’ critical habitat, to the extent possible, based on the best available information and consistent with the recovery strategy; examples of activities that would likely result in the destruction of the species’ critical habitat; measures proposed to be taken to protect the critical habitat; measures to address threats to the species; and, methods to monitor the recovery of the species and its long-term viability. These action plans also require an evaluation of the socio-economic costs and the benefits to be derived from the plan’s implementation. For species listed as special concern, management plans that include measures for the conservation of the species and their habitat must be prepared. Recovery strategies, action plans and management plans must be posted on the Public Registry within the timelines set out under SARA.

Regulatory and non-regulatory options considered

As required in the Species at Risk Act, once COSEWIC submits assessments of the status of the species to the Minister of the Environment, there are no non-regulatory options available. For species proposed to be added to the List, the receipt of status assessments by the Minister of the Environment from COSEWIC triggers a regulatory process in which the Minister of the Environment may recommend to the GIC (1) to add a species to Schedule 1 of SARA according to COSEWIC’s status assessment; (2) not to add the species to Schedule 1; or (3) to refer the assessment back to COSEWIC for further information or consideration.

The first option, to add the species to Schedule 1 of SARA, will ensure that the species receives protection in accordance with the provisions of SARA, including mandatory recovery or management planning.

The second option is not to add the species to Schedule 1. Although the species would neither benefit from prohibitions afforded by SARA, nor the recovery or management activities required under SARA, species may still be protected under other federal, provincial or territorial legislation. When deciding to not add a species to Schedule 1, it is not referred back to COSEWIC for further information or consideration. COSEWIC may reassess any species when there is reasonable evidence that its status has changed.

The third option is to refer the assessment back to COSEWIC for further information or consideration. It would be appropriate to send an assessment back, if, for example, significant new information became available after the species had been assessed by COSEWIC.

Benefits and costs

Listing or reclassifying each of the 21 species on Schedule 1 of SARA entails both benefits and costs in terms of social, environmental and economic considerations through the implementation of SARA’s general prohibitions upon listing and the recovery planning requirements.

Benefits

Protecting species at risk can provide numerous benefits to Canadians beyond direct economic benefits, such as the protection of essential ecosystems. Moreover, many of the species serve as an indicator of environmental quality. Some may be culturally important, such as the Great Blue Heron, Wood Turtle or Western Chorus Frog due to their symbolism, popularity or role in the cultural history of Canada. Various studies indicate that Canadians place value on preserving species for future generations to enjoy and on knowing the species exist, even if they will never personally see or otherwise enjoy them. Furthermore, the unique characteristics and evolutionary histories of many species at risk, such as the Western Chorus Frog, make them of special interest to the scientific community.

When seeking to quantify the economic benefits to society provided by a species, the most commonly used framework is that of Total Economic Value (TEV). The TEV of a species can be broken down into the following components:

  • Direct Use — refers to the consumptive use of a resource, such as hunting;
  • Indirect Use — includes non-consumptive activities, such as bird watching, which represent recreational value;
  • Option Use Value — represents the value of preserving a species for future direct and indirect use; and
  • Passive Values (or non-use value) — include bequest value, which is the value of preserving a species for future generations, and existence value, which represents the altruistic value individuals derive from simply knowing that a given species exists, regardless of potential for any future use. (see footnote 5)

Passive values mostly dominate the TEV of species at risk. (see footnote 6) When a given species is not readily accessible to society, existence value may be the major or only benefit of a particular species. (see footnote 7)

Passive values can be estimated by willingness to pay — the amount an individual is willing to pay per year to preserve a species.

With regard to the species under consideration in this regulatory amendment, there is limited information available regarding quantification of benefits. Willingness-to-pay studies on species included in this Order have not been conducted in Canada. However, various studies of similar species in the United States could be an indication that Canadians do derive substantial non-use economic benefits from conservation programs targeting species at risk, including relatively low-profile species. (see footnote 8) In the absence of existing data in the Canadian context, the data from the U.S. studies will be used.

With regard to Canadians’ willingness to pay for the preservation of species under consideration in this Order, information is limited. However, studies on other at-risk species indicate that Canadians do place substantial economic value upon targeted conservation programs, even for relatively low profile species. (see footnote 9) Although specific studies are not available, it is not always necessary to quantify benefits in order to determine their likely magnitude in comparison to the costs imposed on Canadians. This Order reflects that understanding, using the best available quantitative and qualitative information. Where this information was inconclusive, a benefits value transfer method was used to the extent possible.

Costs

Major categories of costs attributed to this Order include compliance promotion, enforcement, implementation, monitoring and evaluation. These costs could arise from the application of SARA, in particular, the enforcement of the SARA prohibitions and/or the development and implementation of recovery strategies, action plans, or management plans depending on the classification of the species. For terrestrial species, the prohibitions under SARA apply to migratory birds wherever they are found and other wildlife species found on federal lands (except for lands in territories). On non-federal lands, the provinces and territories have jurisdiction over species at risk and are expected to provide effective legal protection in respect of listed wildlife species.

Costs attributed to affected parties, including industries, individuals and different levels of governments vary and would be proportional to some key parameters, such as threats, population size and distribution, as well as economic activities surrounding the species. Also, impacts will vary depending on the classification of the species under SARA. For example,

  • for the three species added as species of special concern, Pale Yellow Dune Moth, the Beach Pinweed, and the fannini subspecies of the Great Blue Heron, the prohibitions under sections 32 and 33 of SARA would not apply, meaning there are no associated costs. Rather the affected stakeholders may incur costs that would stem from the development and implementation of a management plan required for species of special concern under SARA;
  • The 15 new additions to Schedule 1 under the threatened and endangered categories will be subject to the application of general prohibitions upon listing; a more detailed analysis will follow.

It is noteworthy that species amended from threatened to endangered are already subject to general prohibition provisions under SARA and no incremental impacts are expected. However, the endangered species are subject to accelerated recovery management timelines.

In addition to the original federal resources dedicated to SARA upon launching of the Act in 2004, $275 million was allocated in 2006 by the Government of Canada to address the administration of the Act over a five-year period, from August 2007 to December 2011, with 63% of funding allocated to Environment Canada, 24% to Fisheries and Oceans Canada, and 13% to Parks Canada.

Amendments to Schedule 1, including listing and reclassification of a species to a higher category, trigger certain requirements and there are direct costs associated with these requirements. Many of these costs stem from the development of recovery strategies for species being added to Schedule 1 of SARA. Specific actions needed to implement those strategies are identified in action plans, and SARA requires that each action plan include an evaluation of the socio-economic costs of the actions. The costs are likely to vary widely depending on the species, context, and actions required.

Costs arising from the enforcement activities associated with the listing recommendations under this Order are anticipated to be low, and can be accommodated with existing resources. Incremental activities related to enforcement costs to the Department of the Environment are not expected to create a significant additional burden on the enforcement officers.

Species included in this Order for listing as threatened or endangered would require a recovery strategy and action plan. Costs may arise from foregone economic activities. These costs stem from restricting human activities that would have occurred in the absence of general prohibitions and recovery actions. Although the specific costs are difficult to quantify at this time, it is expected that costs associated with this Order would be low to moderate.

Consultation

Under SARA, the scientific assessment of species status and the decision to place a species on the legal list are comprised of two distinct processes. This separation guarantees that scientists may work independently when making assessments of the biological status of wildlife species and that Canadians have the opportunity to participate in the decision-making process in determining whether or not species will be listed under SARA.

Environment Canada began initial public consultations on November 26, 2008, with the posting of the response statements on the SARA public registry. Stakeholders and the general public were also consulted by means of a document titled Consultation on Amending the List of Species under the Species at Risk Act: Terrestrial Species January 2009.

The consultation document, which was posted on the SARA Public Registry, outlined the 21 terrestrial species proposed for addition or reclassification to Schedule 1 by COSEWIC, the reasons for considering listing, and the implications of listing species. The process also consisted of distribution of the discussion document and direct consultation with approximately 1 500 identified stakeholders, including various industrial sectors, provincial and territorial governments, federal departments and agencies, Aboriginal organizations, wildlife management boards, resource users, landowners and environmental non-government organizations. Members of the public were also provided with an opportunity to comment through the Public Registry posting.

Following pre-consultations, the proposal to add species to Schedule I was published in the Canada Gazette, Part I, for a 30-day public comment period on December 5, 2009. A total of four comments were received during the consultation period, one was supportive and two were not related to species included in this amendment. The fourth provided new species abundance information on the Foothill Sedge. COSEWIC has evaluated the data to determine if a possible change in designation was warranted. After reviewing the information, COSEWIC recommended proceeding with the current endangered listing as their overall opinion was that the Foothill Sedge remained at “high risk.” Comments and concerns received during initial consultations are summarized after each terrestrial species.

Species added to Schedule 1 of the Species at Risk Act

Bird species

Four of the six birds added to Schedule 1 of SARA through this Order are migratory birds and are covered by the Migratory Birds Convention Act, 1994 (MBCA). The Ferruginous Hawk belongs to the raptors category, which is not protected under the MBCA.

For birds protected under the MBCA, in addition to the protections they already receive, being listed under SARA provides for recovery measures to be undertaken. This includes engaging the government of any other country in which the species is found in the development of a recovery strategy.

Canada Warbler

The Canada Warbler, assessed as threatened, is found in all provinces and territories except Nunavut and Newfoundland and Labrador. Eighty percent of the breeding range of this species is in Canada.

In addition to protection under the MBCA, the Canada Warbler, which is present in 21 of Canada’s national parks, is protected under the Canada National Parks Act. It is also protected in British Columbia under the province’s Wildlife Act, which prevents destruction of the nesting areas used by this species, and in several other protected sites that are in provincial jurisdictions.

The Canada Warbler has been added to Schedule 1 of SARA because of significant long-term declines in Canada that show no signs of being reversed. The reasons for the decline are unclear, but loss of primary forest on the wintering grounds in South America is a potential cause.

Consultations

The vast majority of the comments made in this consultative process were related to the Canada Warbler. All who commented supported or did not specifically oppose the listing. Comments from provinces, non-governmental organizations, Aboriginal groups, and forest industry were provided. Some comments indicated that further consultation would be appropriate to clarify the potential implications of recovery, in particular of critical habitat management. The Minister of the Environment has considered these points and is satisfied that the Migratory Birds Convention Act, 1994 already provides this species with strong protections, closely comparable to SARA’s general prohibitions, and that extended consultations were not necessary. Recovery strategies under SARA are developed through consultation and cooperation with stakeholders affected by their implementation. Protection of the critical habitats of migratory birds applies after a recovery strategy or action plan that identifies the habitat necessary for the recovery or survival of the species has been finalized.

Common Nighthawk

In Canada, this species occurs in all of the provinces and territories, with the exception of Nunavut.

The Common Nighthawk, assessed as threatened, has been added to Schedule 1 of SARA through this Order because this species has shown both long- and short-term declines in population in Canada. A 49% decline was determined for areas surveyed over the last three generations. A reduction of food sources has apparently contributed to the decline of this species. Reductions in habitat availability, caused by fire suppression, intensive agriculture, and declines in the number of gravel rooftops in urban areas, may also be factors in some regions.

Consultations

There were no comments in the consultative process specific to the Common Nighthawk, but it was generally accepted as an addition to the list.

Olive-sided Flycatcher

The Olive-sided Flycatcher, assessed as threatened, breeds in scattered locations throughout most of forested Canada. It is most common in southern Yukon and the coastal forests of British Columbia.

In addition to protection under the MBCA, Olive-sided Flycatchers that breed in national parks receive some protection of their habitat under the Canada National Parks Act. Additional habitat protection may also apply for Olive-sided Flycatchers that breed in provincial parks.

The causes of the declines in Olive-sided Flycatcher populations are unclear but they are most likely related to habitat loss and alteration. Olive-sided Flycatchers are generally associated with sparse canopy cover, suggesting that they may respond positively to forest management such as timber harvest. Indeed, the abundance of Olive-sided Flycatchers is often higher in young stands following wildfire or commercial timber harvest.

The continued declines in populations of Olive-sided Flycatchers, despite apparent increases in the amount of suitable potential habitat on the breeding grounds, are therefore puzzling. Recent studies suggest that harvested stands are less suitable for reproduction than stands that have regenerated following a fire. Determining the role played by forest management in Olive-sided Flycatcher populations in Canada is hampered by the sparse distribution of their populations.

Consultations

A significant number of the comments made in this consultative process were related to the Olive-sided Flycatcher. These came from affected provinces, non-governmental organizations, Aboriginal groups, and forest industry and largely supported or did not specifically oppose the listing. There was a desire among some groups to hold further consultations with affected Aboriginal and industry stakeholders. As with the Canada Warbler, the Minister of the Environment is satisfied that extended consultations were not necessary. The Migratory Birds Convention Act, 1994 already provides this species with strong protections closely comparable to SARA’s general prohibitions. There was a recommendation to refer the species back to COSEWIC to reconsider the data used to determine population trends. The Minister is satisfied, however, with COSEWIC’s data analysis which is statistically significant over three generations and national in scope.

Ferruginous Hawk

This large hawk, assessed as threatened, is found primarily on natural grasslands in southern Alberta, Saskatchewan and Manitoba and is a specialist predator of Richardson’s Ground Squirrels.

It is listed under Schedule 1 because this species has suffered a 64% decline in population from 1992 to 2005; since Alberta comprises the majority of its Canadian range, this implies a decline of at least 30% across the Prairies over that time period. The loss, degradation and fragmentation of its native grassland habitat are the most serious threats to the population.

Consultations

The listing of this species is generally supported favourably.

Red Knot roselaari type

The Red Knot roselaari type, assessed as threatened, migrates through British Columbia and breeds in Alaska. It includes the subspecies roselaari as well as two other populations that winter in Florida and northern Brazil and that seem to share characteristics of roselaari.

This species is listed under Schedule 1 of SARA because this group has declined by 47% over the last three generations. Ongoing threats include habitat loss and degradation on wintering sites and, for the Florida/South East United States, and Maranhão, Brazil, groups, depleted levels of horseshoe crab eggs, a critical food source needed during northward migration.

Consultations

In initial consultations, no stakeholders commented specifically on the Red Knot roselaari and support for listing the species was indicated generally.

Great Blue Heron fannini subspecies

In Canada, the Great Blue Heron fannini subspecies, assessed as special concern, is distributed along the coast of British Columbia with a relatively small population that is concentrated at a few breeding colonies in southern British Columbia. There is evidence of declines in productivity and it is unclear whether the population is stable or declining. Threats from eagle predation, habitat loss and human disturbance are ongoing, particularly in the southern part of the range where concentrations of birds are highest.

Consultations

During initial consultations, no stakeholders specifically commented on the Great Blue Heron, and supported its listing as special concern generally.

Benefits — Bird species

Birds represent an important recreational value. According to the Nature Survey (1996), nearly one in five Canadians (18.6%) participated in wildlife viewing in Canada.

The Canada Warbler, the Common Nighthawk and the Blue Heron represent recreational value. Bird watching is a popular activity with Canadians. (see footnote 10) The protection and/or recovery of these species is expected to have a small to moderate economic benefit to Canadians through their role in engaging in recreational activities, such as bird watching and participation in conservation activities.

For example, an analysis of WTP studies conducted in the United States (see footnote 11) indicates that an average value of species at risk ($2006), per household, ranges from $16 for a woodpecker to $56 for a whooping crane — a bird species similar in appeal to the public. Under the assumption that Canadians share a similar value, it is deduced that the protection of these species under SARA will likely result in economic benefits to the regions where those species exist.

Costs — Bird species

The cost attributed to the listing on Schedule 1 under SARA is expected to be low due to the fact that these birds are already protected under the MBCA. Listing under SARA will provide for recovery measures to be undertaken. This includes engaging the government of any other country in which the species is found on the development of a recovery strategy.

Additional costs may arise from the development of the recovery strategies and action plans, enhanced enforcement activities and compliance actions.

In the case of the Canada Warbler, even though there is a widespread occurrence of this species, its listing as a threatened species under SARA would have a negligible impact on affected parties, since MBCA protections already exist.

Although not protected under the MBCA, additional costs relating to the prohibitions from the addition of the Ferruginous Hawk to Schedule 1 are expected to be minimal. Costs related to the development and implementation of a recovery strategy and action plan are not known at this time.

The Pacific Blue Heron has high public appeal as a symbol of wetland conservation and environmental quality. The addition of the Great Blue Heron (fannini subspecies) as special concern under SARA would have minimal impacts, as species listed as special concern are not subject to the general prohibitions under sections 32 and 33 of SARA. There may be minor impacts on potential urban development planning and expansion in British Columbia depending on the specifics of the management plan to be developed.

Reptile species

The Wood Turtle is the only reptile species added in this Order to Schedule 1 of SARA.

Wood Turtle

In Canada, the Wood Turtle, assessed as threatened, occurs in Nova Scotia, New Brunswick, southern and eastern Quebec and south-central Ontario with populations in Ontario ranging north and west to the west Algoma District in rivers draining into the east end of Lake Superior. The species’ distribution is discontinuous throughout most of its Canadian range. Approximately 30% of the Wood Turtle’s global distribution is in Canada. It is already on at-risk lists for the provinces where it lives.

This species is declining across much of its range, and occurs in small, increasingly discontinuous populations. It is more terrestrial than other freshwater turtles, which makes it extremely vulnerable to collection for the pet trade. It has a long-lived life history typical of turtles, so that almost any chronic increase in adult and juvenile mortality leads to a decrease in abundance. Such increased mortality is occurring from increased exposure to road traffic, agricultural machinery and off-road vehicles, collection for pets, commercial collection for the pet trade, and, perhaps, for exotic food/medicines. Increased level of threat is associated with new or increased access to the species’ range by people. Under Schedule 1 of SARA, it will benefit from automatic prohibitions under sections 32 and 33 of SARA.

Consultations

Comments from impacted stakeholders during consultations specific to the Wood Turtle support its listing.

Benefits — Reptile species

Based on a number of economic valuation studies of reptiles and amphibians, individuals placed a value of between $5 annually per person ($2007) and $18 annually per person ($2007) on the preservation of species in these taxonomic groups. (see footnote 12) From these studies, it is deduced that in the Canadian context there exists an annual monetary value reflecting a willingness to pay an annual monetary value for the reptiles and amphibian species listed on Schedule 1 of SARA.

The Wood Turtle is an endemic species to North America (30% occur in Canada) and it represents a significant cultural value. In Canada, the Wood Turtle occurs in Nova Scotia, New Brunswick, Quebec and Ontario.

Species listed under SARA will provide immediate benefits arising from the basic protection provisions and from the measures contained in the recovery strategy.

Costs — Reptile species

Costs associated are expected to be low. The Wood Turtle’s listing on Schedule 1 as threatened will entail costs associated with automatic prohibitions under sections 32 and 33 of SARA, such as enforcement. Since the Wood Turtle is an attractive species for pet collectors, it would require enhanced enforcement activities. The cost of enforcement to Environment Canada officers would be approximately $16,500 annually. Enforcement activities may include the inspection of critical habitat within Environment Canada’s jurisdiction, response for requests for investigation, and the inspection of commercial activities (with or without permit).

Moreover, further costs will arise from the development and implementation of a recovery strategy and action plans.

Since these strategies will be developed only once the species is listed, it is hard to estimate the cost of listing at this time. The cost of the recovery strategy/action plans will vary depending on the measures identified in them. Typical elements of an action plan include activities such as education campaigns, outreach, research on biology and distribution, species protection and reproduction (e.g. captive breeding).

In the case of the Wood Turtle, action plans may include measures to mitigate threats arising from traffic, such as construction of appropriate crossing areas and signage, where appropriate (on federal land in a province and lands under authority of the Minister of the Environment). The cost information is not available until the recovery strategy and an action plan is put in place.

Amphibian species

The Western Chorus Frog (the Great Lakes / St. Lawrence — Canadian Shield populations) is the only amphibian added in this Order to Schedule 1 of SARA.

Western Chorus Frog (the Great Lakes / St. Lawrence Canadian Shield populations)

In Canada, this population of Western Chorus Frog, assessed as threatened, is found only in southern Ontario and south-west Quebec. Most occurrences are located on private and municipal lands in urban and agriculture areas. As these are not federal lands, SARA general prohibitions do not apply when listed; critical habitat has yet to be defined.

It is listed as threatened on Schedule 1 of SARA because of ongoing losses of habitat and breeding sites due to suburban expansion and alteration in farming practices, which have resulted in losses of populations and isolation of remaining habitat patches. Populations in Quebec are documented to have declined at a rate of 37% over 10 years and are expected to continue to decline. Despite there being some areas where chorus frogs remain evident, surveys of populations in Ontario indicate a significant decline in abundance of 30% over the past decade. It will benefit from automatic prohibitions under sections 32 and 33 of SARA.

Consultations

Consultations are mostly favourable for listing. Two individuals proposed this species be referred back to COSEWIC. Some concern was expressed concerning the precision of the boundary between this and the not-at-risk Carolinian population. COSEWIC responded to subsequent questions from Environment Canada, delineating the boundary between the two populations to the Department’s satisfaction. In light of this demarcation, COSEWIC also re-examined the associated trends and found that the re-analyses supports the previous assessment of threatened.

Benefits — Amphibian species

Based on a number of economic valuation studies of reptiles and amphibians, individuals placed a value of between $5 annually per person ($2007) and $18 annually per person ($2007) on the preservation of species in these taxonomic groups. (see footnote 13) From these studies, it is deduced that in the Canadian context there exists an annual monetary value reflecting a willingness to pay an annual monetary value for amphibian species being added to Schedule 1 of SARA.

Listing the species under SARA will provide immediate benefits arising from the basic protection provisions and subsequently from the measures contained in the recovery strategy/action plan.

The Western Chorus Frog (Great Lakes / St. Lawrence — Canadian Shield population) is a flagship species that promotes awareness of healthy environments. It is a public symbol for protection of species at risk and their habitat, particularly in Quebec where it has undergone significant declines. It is believed that such a symbolic species would represent a high passive value for Canadians.

Costs — Amphibian species

Costs associated with the addition of species in this category are expected to be low.

Adding the Western Chorus Frog to Schedule 1 as threatened will entail costs associated with automatic prohibitions under sections 32 and 33 of SARA, such as enforcement. Since the Western Chorus Frog is an attractive species for pet collectors, it would require enhanced enforcement activities. The enforcement cost to Environment Canada officers would be approximately $1,900. Enforcement activities may include the inspection of critical habitat within Environment Canada’s jurisdiction, response for requests for investigation, and the inspection of commercial activities (with or without permit).

Moreover, further costs would arise from the development and implementation of a recovery strategy and action plans. Since these strategies will be developed only once those species are listed, it is hard to estimate the cost of listing at this time. The cost of a recovery strategy/action plan would vary depending on the measures identified. Typical elements of an action plan include activities such as education campaigns, outreach, research on biology and distribution, species protection and reproduction (e.g. captive breeding).

Arthropod species

Three arthropods species are added to Schedule 1 in this Order. The Dusky Dune Moth and the dragonfly, Rapids Clubtail, are added as endangered, and the Pale Yellow Dune Moth is added as special concern.

Dusky Dune Moth

The Dusky Dune Moth, assessed as endangered, has a range that extends from southern Manitoba, Saskatchewan and Alberta to western Texas and southern New Mexico. Since 1922, the species has been found at 12 localities in Canada, in Alberta, Saskatchewan and Manitoba. Except for the population in Brandon, Manitoba, all known populations are found in the Palliser Triangle, the driest region in the Canadian prairies.

The species is restricted to open, active sand areas that are both fragmented and declining. Although it may be common where found, it occurs in a small proportion of the total seemingly suitable sites and has been lost from historical localities. Dispersal between dune systems is considered to be extremely unlikely. Since the 1940s, the area of suitable habitat has declined by an estimated 10–20% per decade.

Consultations

In consultations, general support was given for the listing of this species.

Rapids Clubtail

The Rapids Clubtail, assessed as endangered, is a dragonfly that is found in Ontario, where it was historically known from four sites in southern and eastern Ontario: the Thames, Humber, Credit and Mississippi rivers. In 2005, the species was observed only at the Humber River and Mississippi River sites. The Canadian population is estimated at a minimum of 318 individuals, including 106 adults.

Habitat degradation is the most significant threat to the Rapids Clubtail dragonfly. In Canada, three of the four sites are in the heavily developed part of southern Ontario, where continued urbanization threatens water quality in riparian habitats and natural terrestrial vegetation is declining. Loss of riparian forest could threaten adult Rapids Clubtails by exposing them to increased predation by birds and other dragonfly species. Females, which spend most of their lifespan in forest cover adjacent to the river, may be particularly vulnerable.

Impoundment of running waters by dams is a potential threat in all known Canadian sites. In fact, all four rivers where the species has been recorded have numerous dams and other water control structures, and these rivers are actively regulated for flood control.

Water quality in most southern Ontario streams has been degraded. High levels of chlorine, phosphorus and nitrates and possibly pesticides may threaten Rapids Clubtail nymphs.

Finally, the introduction of exotic species is also a potential threat in these four rivers. The impacts of exotic species, if any, on the Rapids Clubtail are unknown, but the impacts could include predation, competition, increased turbidity and changes in the stream community structure.

Collisions with cars could be a source of adult mortality where road crossings fragment the stream habitat, but the potential impact of vehicle-related mortality is unclear.

In Ontario, the species is not protected under any provincial statute. However, part of its habitat benefits from some degree of protection, since river habitat is protected by the fish habitat provisions of the federal Fisheries Act.

Consultations

The comments received during consultation were favourable to listing. One group suggested that the present impacts would be low given the small area affected, and would only be significant if a water development was proposed in the future.

Pale Yellow Dune Moth

The Pale Yellow Dune Moth is assessed as special concern. Although the area of occupancy in the southern prairies in Manitoba, Alberta and Saskatchewan is small, there is some evidence of decline in its extent of occurrence and area of occupancy, the species persists in widely separated dune systems, the declines are not well documented, and the status of threats is unclear. It requires semi-stable sand dunes, which are declining.

No immediate costs are anticipated arising from the listing, other than costs associated with the development and implementation of a management plan. The cost of the management plan is not known at the listing stage as those plans will be developed once the listing takes place. No historical data on the costing is available.

Consultations

In consultations, general support was given for the listing of this species.

Benefits — Arthropod species

Although there is no information available from specific willingness to pay studies on these three arthropods, in the Canadian context, dragonflies are, in general, popular with the public and due to the rare characteristic of the Rapids Clubtail dragonfly, and given the fact that Canadians attribute value to the protection of the species as a whole, (see footnote 14) one may conclude that Canadians would place a monetary value on those species.

Costs — Arthropod species

Adding the Dusky Dune Moth and the Rapids Clubtail dragonfly to Schedule 1 as endangered would not entail costs associated with automatic prohibitions under sections 32 and 33 of SARA such as enforcement as the species does not occur on federal land (as described in the rationale section). The only costs likely to arise would be from the development and implementation of recovery strategies, action plans, and the identification of critical habitat.

Plant species

Five plants are added to Schedule 1 of SARA as endangered: Foothill Sedge, Fragrant Popcornflower, Lindley’s False Silverpuffs, Muhlenberg’s Centaury, and Rayless Goldfields. One plant, the Beach Pinweed, is added as special concern.

Foothill Sedge

This perennial species, assessed as endangered, is known from 10 localized and highly fragmented sites in southwestern British Columbia where it occurs in meadows and shrub thickets within Garry oak ecosystems, a critically imperilled habitat in Canada. The total Canadian population likely consists of fewer than 1 000 mature individuals. Factors, such as competition and habitat degradation from invasive alien plants, altered fire regimes, urbanization, trampling and mowing, place the species at risk.

Consultations

Consultations supported listing this species. One comment received during the 30-day public consultation period included new species abundance data, and it was agreed by Environment Canada and COSEWIC that, despite the new data, the Foothill Sedge remains at high risk and should, therefore, be listed.

Fragrant Popcornflower

The Fragrant Popcornflower, assessed as endangered, is likely extant in the form of seeds in the soil, since only a single plant was seen in 2005, and none in 2006. The species’ potential for continued survival is at risk from on-going threats to its habitat from such factors as loss of habitat due to urbanization and development, environmental and demographic stochasticity, and competition from native and alien plant species.

Consultations

Consultations supported listing this species and there were no specific comments from stakeholders.

Lindley’s False Silverpuffs

Lindley’s False Silverpuffs, assessed as endangered, is an annual flowering plant of British Columbia that is restricted to only five extant locations in the Gulf Islands. The species is no longer known to occur on Vancouver Island. There are extremely small numbers of individuals known in Canada. The species is also at continued risk from habitat loss and degradation from such factors as home building and spread of invasive plants.

Consultations

Consultations supported listing this species, and there were no specific comments from stakeholders.

Muhlenberg’s Centaury

This small annual plant, assessed as endangered, occurs in only three small areas of mainly wet habitat in southwestern British Columbia. Its total Canadian population consists of fewer than 1 000 plants. These are highly disjunct from the main range of the species that extends from Oregon to California and Nevada. The species is at continued risk from such factors as the spread of invasive plants and human activities including trampling in areas used for recreational activities.

Consultations

Consultations supported listing this species and there were no specific comments from stakeholders.

Rayless Goldfields

Rayless Goldfields, assessed as endangered, has only one known population of the species in Canada, near Victoria, British Columbia. This single very small population of an annual flowering plant is at continued risk from a number of limiting factors, including the spread of exotic plants.

Consultations

Consultations supported listing this species and there were no specific comments from stakeholders.

Beach Pinweed

The Canadian populations, assessed as special concern, have been recognized as an endemic variety of global significance. Plants are restricted to stabilized sand dunes within localized areas of coastline in New Brunswick and Prince Edward Island. The majority of the 15 populations, including the three largest, occur at elevations under 5 m above sea level. Here, they are at increased risk from the impacts of severe storm surges resulting from rising sea levels and increased storm frequency and intensity predicted to occur as a consequence of climate change. A recent storm surge has already impacted a substantial portion of potential habitat at one of the New Brunswick sites. Other impacts have also been documented as a consequence of trampling.

Consultations

Consultations supported listing this species and the one specific comment was also favourable.

Benefits — Vascular plant species

There is evidence that individuals place a small yet positive value on threatened plant species in the order of $3 to $4 per individual annually ($2007). (see footnote 15) Therefore, it is assumed that Canadians will derive positive intrinsic value stemming from the fact that the species exists.

Costs — Vascular plant species

Listing the five plants to the category of endangered species to Schedule 1 will entail costs associated with application of automatic prohibitions under sections 32 and 33 of SARA, such as enforcement. Moreover, further costs will arise from the development and implementation of recovery strategies and action plans. Actions required for the recovery of the species are likely to be achieved through habitat stewardship agreements. (see footnote 16)

As for the Beach Pinweed, the anticipated impacts are negligible since basic prohibitions do not apply to species listed as special concern.

Lichen species

The Seaside Bone is the only species that has been listed under SARA.

Seaside Bone

The Seaside Bone, assessed as threatened, was designated as special concern in 1996. Its status was re-examined and this species was designated as threatened by COSEWIC in 2008.

This lichen is endemic to the Pacific Coast of North America, and southwest Vancouver Island represents the northern limit of its range. The species’ survival depends on early to intermediate seral shore pine forests along the sea coast. The populations appear to be stable but have a restricted occurrence, and the species is known from only four locations. Severe winter storms, which are anticipated to increase, are the main threat to the species.

Consultations

Consultations supported listing this species and there were no specific comments from stakeholders.

Benefits — Lichen species

This lichen is an endemic species to the Pacific Coast of North America, and southwest Vancouver Island represents the northern limit of its range. Severe winter storms are the main threat to the species.

Listing of the Seaside Bone will result in the development of a recovery strategy and an action plan to protect the existing Seaside Bone populations. The 10 Seaside Bone sub-populations were found at four locations on the southwest tip of Vancouver Island. Two of the four currently known sites are on federal lands: Bentinck Island site (managed by the Department of National Defence) and Sheringham Point site (managed by the Department of Fisheries and Oceans). Actions required for the recovery of the species will likely be achieved through habitat stewardship agreements.

Benefits include existence and ecosystem values; however, there are no specific willingness-to-pay studies on this species.

Costs — Lichen species

There will be costs associated with the development and implementation of recovery strategies and action plans as well as habitat stewardship agreements.

There are presently no known impacts on economic activities, including industry stakeholders associated with listing of this species. The cost for the enforcement activities will be minimal and covered by existing resources.

Species reclassified under the Species at Risk Act

Reptile species

Both populations of Eastern Foxsnake are reclassified as endangered. The Eastern Foxsnake was listed on Schedule 1 of SARA as threatened, and is now listed as two separate populations: the Eastern Foxsnake (Carolinian population) and the Eastern Foxsnake (Great Lakes /St. Lawrence population).

Both Eastern Foxsnake populations were listed as threatened (as a single unit) under Ontario’s Endangered Species Act, 2007. Therefore, the species is already protected under provincial legislation and the uplisting to endangered under SARA is unlikely to result in additional impacts. Given that SARA only applies on federal land for these species, the issues will be minimal.

Eastern Foxsnake (Carolinian population)

The species is confined to a few small, increasingly disjunct areas that are subject to intensive agriculture, high human populations and extremely high densities of roads. Roads fragment populations, leading to increased probability of extirpation. There are no large, protected, roadless areas for this species in this region. The species is also subject to persecution and illegal collection for the wildlife trade.

Eastern Foxsnake (Great Lakes / St. Lawrence population)

In this region, the species swims long distances, often in cold, rough, open water, where it is subject to mortality due to increasing boat traffic. The Eastern Foxsnake is uniquely vulnerable to habitat loss because it is confined to a thin strip of shoreline where it must compete with intense road development and habitat modification due to recreational activities. The species’ habitat is undergoing increasing fragmentation as development creates zones that are uninhabitable.

Consultations for both Eastern Foxsnake populations

Consultations for listing this species were generally favourable. The Eastern Foxsnake occurs in very restricted regions, many of which are under intense development pressure. The restricted distribution of this species in Canada, specific habitat requirements, evidence of recent decline, and pending threats to habitat and individuals predispose this species to high risk of extirpation in Canada. Walpole Island First Nation has requested resources to raise awareness, as the Carolinian population is present on communal and public lands.

Vascular plants

The Yellow Montane Violet praemorsa subspecies has been reclassified from threatened to endangered.

Yellow Montane Violet praemorsa subspecies

The subspecies is only known in Canada from southeastern Vancouver Island and the adjacent southern Gulf Islands where it occurs as 14 mainly small, localized populations that are highly fragmented. This short-lived perennial is restricted to Garry oak woodlands and maritime meadows where habitat is continuing to decline in quality due to such factors as the spread of exotic invasive grasses as well as the spread of trees and shrubs as a result of fire suppression.

Consultations

Consultations supported listing this species and there were no specific comments from stakeholders.

Benefits — All reclassified species

The reclassification from threatened to endangered will likely result in minimal incremental benefit since the species already benefit from basic prohibitions under sections 32 and 33 of SARA. Upgrading the category will put more emphasis on the enforcement activity and compliance actions.

Costs — All reclassified species

The three reclassified species are expected to result in minimal incremental costs to the Government, individuals or industries. This is because these species are already protected under the general prohibitions of sections 32 and 33 of SARA. Therefore, other than enhanced enforcement activities, the listing of the species as endangered from threatened would have negligible cost implications.

Summary of benefits and costs for all species

Impacts stemming from listing of terrestrial species under this Order are anticipated to be low. This conclusion is built on the above assessment and where possible incorporates a mix of quantitative and qualitative information developed for this analysis. Moreover, it is expected that the benefits will exceed the costs. Based upon known information, the net impact to Canadian society would be positive and the Order would result in net benefits to Canadians.

Rationale

The GIC decision adds 18 terrestrial species to Schedule 1 and reclassifies three species. Consultations on the proposed actions were conducted and the vast majority of the comments supported the additions and reclassifications.

The socio-economic analysis indicates there will be a net benefit to Canadians and the anticipated impact of listing terrestrial species is low. This is based on limited cost and benefit analysis, using mostly qualitative information.

Implementation, enforcement and service standards

The implementation of the Order Amending Schedule 1 to the Species at Risk Act will include activities designed to encourage compliance with the general prohibitions. Compliance promotion initiatives are proactive measures that encourage voluntary compliance with the law through education and outreach activities, and raise awareness and understanding of the prohibitions, by offering plain language explanations of the legal requirements under the Act. Environment Canada, Fisheries and Oceans Canada and the Parks Canada Agency will promote compliance with the general prohibitions of SARA through activities which may include online resources posted on the SARA Public Registry, fact sheets, mail-outs and presentations. These activities will specifically target groups who may be affected by this Order and whose activities could contravene the general prohibitions, including other federal government departments, First Nations, private land owners, recreational and commercial fishers, national park visitors and recreational all-terrain vehicle users on parks lands. Compliance efforts focus on the priorities, affected communities, timelines and key messages for compliance activities.

At the time of listing, timelines apply for the preparation of recovery strategies, action plans or management plans. The implementation of these plans may result in recommendations for further regulatory action for protection of the species. It may draw on the provisions of other acts of Parliament, such as the Migratory Birds Convention Act, 1994, to provide required protection.

SARA provides for penalties for contraventions to the Act, including liability for costs, fines or imprisonment, alternative measures agreements, seizure and forfeiture of things seized or of the proceeds of their disposition. SARA also provides for inspections and search and seizure operations by enforcement officers designated under SARA. Under the penalty provisions of the Act, a corporation found guilty of an offence punishable on summary conviction is liable to a fine of not more than $300,000, a non-profit corporation is liable to a fine of not more than $50,000, and any other person is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both. A corporation found guilty of an indictable offence is liable to a fine of not more than $1,000,000, a non-profit corporation to a fine of not more than $250,000, and any other person to a fine of not more than $250,000 or to imprisonment for a term of not more than five years, or to both.

Contact

Mary Taylor
Director
Conservation Service Delivery and Permitting
Canadian Wildlife Service
Environment Canada
Ottawa, Ontario
K1A 0H3
Telephone: 819-953-9097

Footnote a
S.C. 2002, c. 29

Footnote 1
S.C. 2002, c. 29

Footnote 2
For further information on the CBD, visit www.cbd.int.

Footnote 3
Species at Risk Act, s. 6.

Footnote 4
For example, where a species is found within the boundaries of national parks or other lands administered by the Parks Canada Agency, the species would continue to be protected under the Canada National Parks Act or through measures and management tools available to the Parks Canada Agency under other legislation.

Footnote 5
Wallmo, K. Threatened and Endangered Species Valuation: Literature Review and Assessment (Online), www.st.nmfs.gov/st5/documents/bibliography/Protected_Resources_Valuation%20.pdf.

Footnote 6
Leslie Richardson, John Loomies, “The total economic value of threatened, endangered and rare species: An updated meta-analysis.” Ecological Economics, Vol. 68, No. 5, March 15, 2009, pp. 1535–1548.

Footnote 7
Jakobsson, Kristin M. and Andrew K. Dragun, Contingent valuation and endangered species: Methodological issues and applications, New Horizons in Environmental Economics series. Cheltenham, U.K. and Lyme, N.H.: Elgar; distributed by American International Distribution Corporation, Williston, Vt., 1996.

Footnote 8
M. A. Rudd. Memorial University of Newfoundland EVPL Working Paper 07-WP003 (2007).

Footnote 9
Ibid.

Footnote 10
The Importance of Nature to Canadians: The Economic Significance of Nature-related Activities, www.ec.gc.ca/nature/pdf/nature_e.pdf.

Footnote 11
Leslie Richyardson, John Loomies, “The total economic value of threatened, endangered and rare species: An updated meta-analysis.” Ecological Economics, Vol. 68, No. 5, March 15, 2009, pp. 1535–1548.

Footnote 12
Martin-Lopez, Berta, Carlos Monte and Javier Benayas. October 2007. Economic Valuation of Biodiversity Conservation: the Meaning of Numbers. Conservation Biology, In-press.

Footnote 13
Ibid.

Footnote 14
The Importance of Nature to Canadians: the Economic Significance of Nature-related Activities, www.ec.gc.ca/nature/pdf/nature_e.pdf.

Footnote 15
Kahneman, D., and I. Ritor. 1994. “Determinants of Stated Willingness to Pay for Public Goods: a Study in the Headline Method.” Journal of Risk and Uncertainty, Vol. 9, No. 1, pp. 5–38.

Footnote 16
As part of the National Strategy for the Protection of Species at Risk, the federal government established the Habitat Stewardship Program (HSP) for Species at Risk. The HSP became operational in 2000–2001 and allocates up to $10 million per year to projects that conserve and protect species at risk and their habitats.