Order Amending Schedule 1 to the Species at Risk Act: SOR/2021-87

Canada Gazette, Part II, Volume 155, Number 10

Registration
SOR/2021-87 April 23, 2021

SPECIES AT RISK ACT

P.C. 2021-317 April 23, 2021

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 27(1) of the Species at Risk Actfootnote 1, 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 Actfootnote 1 is amended by striking out the following under the heading “Birds”:

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

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

4 Part 2 of Schedule 1 to the Act is amended by striking out the following under the heading “Reptiles”:

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

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

7 Part 2 of Schedule 1 to the Act is amended by striking out the following under the heading “Mosses”:

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

9 Part 3 of Schedule 1 to the Act is amended by striking out the following under the heading “Birds”:

10 Part 3 of Schedule 1 to the Act is amended by striking out the following under the heading “Amphibians”:

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

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

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

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

Coming into Force

15 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.)

Issues

Biodiversity is rapidly declining worldwide as species become extinct.footnote 2 Today's extinction rate is estimated to be between 1 000 and 10 000 times higher than the natural rate.footnote 3 Canada, the second-largest country in the world and home to a large assortment of species, is not exempt of this global biodiversity crisis. According to the World Wildlife Fund (WWF), between 1970 and 2014, mammals declined by an average of 43%, grassland birds dropped by 69% and the fish populations declined by 20% straight across Canada.footnote 4 With this rapid and steep decline in biodiversity, Canada is experiencing many adverse effects that are typically associated with habitat and species loss.

Biodiversity is positively related to ecosystem productivity, health and resiliencyfootnote 5 (i.e. the ability of an ecosystem to respond to changes or disturbances). Given the interdependency of species, a loss of biodiversity can lead to decreases in ecosystem function and services (e.g. natural processes such as pest control, pollination, coastal wave attenuation, temperature regulation and carbon fixing). These services are important to the health of Canadians, and also have important ties to Canada's economy. Small changes within an ecosystem can lead to a loss of individuals and species resulting in adverse, irreversible and broad-ranging effects on Canadians.

Background

Canada is a country with a rich natural environment that supports a large diversity of plant and animal species. This natural heritage is an integral part of its national identity and history. Wildlife is valued by Canadians for aesthetic, cultural, spiritual, recreational, educational, historical, subsistence, medical, ecological and scientific reasons. Canadian wildlife species and ecosystems are also part of the world's heritage.footnote 6 The Department of the Environment (the Department) is mandated, among other things, to preserve and enhance the quality of the natural environment, including flora and fauna. Although the responsibility for the conservation of wildlife in Canada is shared among all levels of government, the Department plays a leadership role as federal regulator in order to prevent terrestrial species from becoming extinct at the global scalefootnote 7 or extirpatedfootnote 8 from Canada. The Parks Canada Agency (PCA), as the competent authority, also contributes to the protection and conservation of these species within its network of protected heritage places,footnote 9 including national parks and national marine conservation areas.

The primary federal legislative mechanism for delivering on this responsibility is the Species at Risk Act (SARA or the Act). The purposes of SARA are to prevent wildlife species from becoming extirpated from Canada or extinct; to provide for recovery of wildlife species that are listed as extirpated, endangered or threatened; and to manage species of special concern to prevent them from becoming endangered or threatened. At the time of the proclamation of SARA in 2003, the official List of Wildlife Species at Risk (Schedule 1) included 233 species. Since then, the list has been amended on a number of occasions to add, remove or reclassify species. As of September 2019, there are 622 species listed in Schedule 1.

With the proclamation of SARA in 2003, the Act established the Committee on the Status of Endangered Wildlife in Canada (COSEWIC), an independent scientific advisory body, responsible for providing the Minister of the Environment (the Minister) with assessments of the status of wildlife species that are at risk of disappearing from Canada. The assessments are carried out in accordance with section 15 of SARA, which, among other provisions, requires COSEWIC to determine the status of species it considers and to identify existing and potential threats. COSEWIC members meet twice annually to review information collected on wildlife species and assign each wildlife species to one of seven categories: extinct, extirpated, endangered, threatened, special concern, data deficient, or not at risk.footnote 10

Once COSEWIC has provided its assessments of species at risk to the Minister of the Environment, the Minister has 90 days to post a response statement on the Species at Risk Public Registry (the Public Registry) indicating how the Minister intends to respond to the assessment and related anticipated timelines. These statements outline the extent of consultations on proposed changes to Schedule 1 of SARA.

Subsequent to the consultations and required analysis being carried out, an order in council published in the Canada Gazette, Part II, formally acknowledges receipt of the COSEWIC assessments. This then triggers a regulatory process through a proposed order whereby the Governor in Council (GIC)footnote 11 may, within nine months of receipt of the assessment, on the recommendation of the Minister,

If the decision is not made within nine months of the formal receipt of the COSEWIC assessments, SARA states that the Minister shall amend Schedule 1 according to those assessments.

In addition to recommending new additions to Schedule 1, COSEWIC may review the status of a previously assessed wildlife species and recommend a new classification for this species. Reclassification is important in order for the designation to be consistent with the latest available scientific information, allowing for better decision making regarding the species in terms of its conservation prioritization. Species are up-listed when their status has deteriorated since their last assessment. When the status improves, they can be down-listed or delisted to ensure that the species are protected according to the purposes of SARA while minimizing impacts on stakeholders and resources.

Prohibitions under SARA

Upon listing, wildlife species benefit from various levels of protection, depending on their status, as per the general prohibitions under sections 32 and 33 of SARA. Table 1 below summarizes the various protections afforded.

Table 1: Summary of protections offered to wildlife species and their residences immediately upon their addition to Schedule 1 of SARA
Species status Application of general prohibitions by type of species and their location General prohibitions
Species protected by the Migratory Birds Convention Act, 1994 Aquatic species All other listed species Protection of individuals (SARA, section 32) Residence protection (SARA, section 33)
Special concern SARA's general prohibitions do not apply. SARA's general prohibitions do not apply. SARA's general prohibitions do not apply. SARA's general prohibitions do not apply. SARA's residence protection does not apply.
Threatened, endangered, and extirpated General prohibitions apply everywhere in Canada for migratory birds. General prohibitions apply everywhere in Canada for aquatic species.

In the provinces, general prohibitions apply only on federal lands. table a1 note a

In the territories, general prohibitions apply only on federal lands under the authority of the Minister of the Environment or the PCA.

Protection for individuals of the species against being killed, harmed, harassed, captured or taken.

Prohibition against possessing, collecting, buying, and selling or trading an individual of the species or any part or derivative of this individual.

It is an offence to damage or destroy the residence of one or more individuals of a species.

The residence of extirpated species is only protected if a recovery strategy recommends reintroduction into the wild in Canada.

Table a1 note(s)

Table a1 note a

Section 2 of SARA defines federal land as "(a) land that belongs to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above that land; (b) the internal waters of Canada and the territorial sea of Canada; and (c) reserves and any other lands that are set apart for the use and benefit of a band under the Indian Act, and all waters on and airspace above those reserves and lands."

Return to table a1 note a referrer

On non-federal lands, listed species that are not an aquatic species or a migratory bird protected by the Migratory Birds Convention Act, 1994 (MBCA) can only be protected under SARA by an order in council.footnote 12 The Minister of the Environment must recommend that such an order be made if the Minister is of the opinion that the laws of the province or territory do not effectively protect the species or the residences of its individuals.

Permits issued under SARA

A person intending to engage in an activity affecting a listed species, any part of its critical habitat or the residences of its individuals and that is prohibited under SARA may apply to the competent ministerfootnote 13 for a permit under section 73 of the Act. A permit may be issued if the Minister is of the opinion that the activity meets one of three purposes:

In addition, the permit may only be issued if the competent minister is of the opinion that the following three conditions are met:

Section 74 of SARA allows for a competent minister to issue permits under another Act of Parliament (e.g. the Canada National Parks Act) to engage in an activity that affects a listed wildlife species, any part of its critical habitat or the residences of its individuals, with the same effect as those issued under subsection 73(1) of SARA, if certain conditions are met. This is meant to reduce the need for multiple authorizations.

Recovery planning

Listing a species under an endangered, threatened or extirpated status triggers mandatory recovery planning, by the competent minister, in order to address threats to the survival or recovery of the listed species. For species of special concern, a management plan must be developed within three years of listing.

SARA states that a proposed recovery strategy must be posted in the Public Registry

Recovery strategies include

Recovery strategies must be prepared in cooperation with

To the extent possible, recovery strategies must also be prepared in consultation with landowners (including provinces and territories) or other persons whom the competent minister considers to be directly affected by the strategy.

Once a recovery strategy has been posted as final, the competent minister must then prepare one or more action plans based on the recovery strategy. Action plans are also prepared in consultation with the above-mentioned organizations and persons. SARA does not mandate timelines for their preparation or implementation; rather, these are set out in the recovery strategy. Action plans must include

Protection of critical habitat

Requirements under SARA for the protection of critical habitat depend on whether the species are aquatic species, migratory birds protected under the MBCA, or other species, as well as whether these species are found on federal lands, in the exclusive economic zone, on the continental shelf of Canada or elsewhere in Canada.

When critical habitat or portions of critical habitat have been identified on federal lands, in the exclusive economic zone of Canada or on the continental shelf of Canada, SARA requires that it be legally protected within 180 days of its identification in a recovery strategy or an action plan. Protection can be achieved through provisions in or measures under SARA or any other Act of Parliament, including conservation agreements under section 11 of the Act.

If critical habitat is located in a migratory bird sanctuary under the MBCA, in a national park included in Schedule 1 of the Canada National Parks Act (CNPA), in the Rouge National Urban Park established by the Rouge National Urban Park Act, in a marine protected area under the Oceans Act, or in a national wildlife area under the Canada Wildlife Act, the competent minister must publish a description of that critical habitat in the Canada Gazette within 90 days of the date that the critical habitat was identified in a final recovery strategy or action plan. Ninety days after a description of the critical habitat is published in the Canada Gazette, the critical habitat protection under subsection 58(1) of SARA (i.e. prohibiting the destruction of critical habitat) comes into effect automatically, and the critical habitat located in the federally protected area is legally protected under SARA.

In the case of a critical habitat identified on federal land but not found in the federal protected areas listed in the previous paragraph, the competent minister must, within 180 days following the identification of the habitat in a final posted recovery strategy or action plan, make a ministerial order under subsection 58(4) of SARA prohibiting the destruction of the critical habitat. If a ministerial order is not made within 180 days, the competent minister must publish in the Public Registry a statement explaining how the critical habitat (or portions of it) is protected under SARA or another Act of Parliament, including conservation agreements under section 11 of SARA.

If the critical habitat of a migratory bird species protected by the MBCA is located outside federal lands, the exclusive economic zone, the continental shelf of Canada or a migratory bird sanctuary under the MBCA, the critical habitat will be protected only once an order in council has been made to that effect, following recommendation from the competent minister.

For portions of critical habitat for species other than aquatic species or species protected under the MBCA, on non-federal lands, SARA considers the protection of the critical habitat by other governments (e.g. provinces, territories). In the event that critical habitat is not protected in these areas, the GIC may, by order, apply the SARA prohibition against destruction of that critical habitat. In cases where the Minister of the Environment is of the opinion that critical habitat on non-federal lands is not effectively protected by the laws of a province or territory, by another measure under SARA (including agreements under section 11) or through any other federal legislation, the Minister must recommend an order to the GIC to apply the SARA prohibition against destruction of critical habitat on non-federal lands. Before making the recommendation, the Minister must consult with the appropriate provincial or territorial minister. In all cases, the GIC makes the final decision whether to proceed with the order to protect the critical habitat in question.footnote 16

Management of species of special concern

The addition of a species of special concern to Schedule 1 of SARA serves as an early indication that the species requires attention. Triggering the development of a management plan at this stage enables the species to be managed proactively, maximizes the probability of success, and is expected to avoid higher-cost measures in the future.

The management plan includes conservation measures deemed appropriate to preserve the wildlife species and avoid a decline of its population. It is developed in cooperation with the relevant provincial and territorial governments, other federal government departments, wildlife management boards, Indigenous partners and organizations, and any appropriate stakeholders, and must be posted within three years of the species being listed.

New designatable units

Through its definition of a wildlife species as a “species, subspecies, variety or geographically or genetically distinct population of animal, plant or other organism … ,” SARA recognizes that conservation of biological diversity requires protection for taxonomic entities below the species level (i.e. designatable units), and gives COSEWIC a mandate to assess those entities when warranted. These designatable units and their proposed classification (e.g. endangered, threatened, species of special concern) are presented in COSEWIC assessments in the same way as with other wildlife species. In some cases, based on scientific evidence, wildlife species that were previously assessed may be reassessed and recognized to include fewer, additional or different designatable units. COSEWIC will publish assessments and classifications for any designatable units that may or may not correspond to the previously recognized wildlife species.

Should COSEWIC assess a newly defined designatable unit at the same classification level as the originally listed wildlife species, Schedule 1 should also be amended to reflect this more current listing of the species, consistent with the best available scientific information.

Objective

The objective of the Order Amending Schedule 1 to the Species at Risk Act (the Order) is to help maintain Canada's biodiversity and the well-being of Canadian ecosystems by preventing wildlife species from becoming extirpated from Canada or extinct and to contribute to their recovery, as well as to respond to COSEWIC's recommendations.

Description

Pursuant to section 27 of SARA, the Office of the Governor in Council makes the Order to add eight new species, reclassify four others, and to make changes to the name of two species.

These species are found across all of Canada, with the majority them being found in British Columbia, Ontario, and Quebec. These species were grouped together because the actions being considered under the Order are anticipated to have a low impact on Indigenous peoples and stakeholders.

Of the 14 species included in the Order,

These changes can be found in tables 2.1 to 2.3 below. A detailed description of each species, their ranges and threats can be found in Annex 1 of this Regulatory Impact Analysis Statement (RIAS). Additional information on these species can also be found in the COSEWIC status reports.footnote 17

Table 2.1: Species being added to Schedule 1 of SARA
Taxon Species Scientific name Current status New status Range
Arthropods False-foxglove Sun Moth Pyrrhia aurantiago None Endangered Ontario
Mosses Acuteleaf Small Limestone Moss Seligeria acutifolia None Endangered British Columbia
Vascular plants Quebec Rockcress Boechera quebecensis None Endangered Quebec
Arthropods Red-tailed Leafhopper
(Great Lakes Plains population)		 Aflexia rubranura None Special concern Ontario
Arthropods Red-tailed Leafhopper
(Prairie population)		 Aflexia rubranura None Special concern Manitoba
Reptiles Eastern Painted Turtle Chrysemys picta picta None Special concern Quebec, New Brunswick, Nova Scotia
Reptiles Midland Painted Turtle Chrysemys picta marginata None Special concern Ontario, Quebec
Vascular plants Yukon Wild Buckwheat Eriogonum flavum var. aquilinum None Special concern Yukon
Table 2.2: Species being reclassified in Schedule 1 of SARA
Taxon Species Scientific name Current status New status Range
Amphibians Allegheny Mountain Dusky Salamander (Appalachian population) table a3 note a Desmognathus ochrophaeus Threatened Endangered Quebec
Birds Red-headed Woodpecker Melanerpes erythrocephalus Threatened Endangered Saskatchewan, Manitoba, Ontario, Quebec
Mosses Spoon-leaved Moss Bryoandersonia illecebra Endangered Threatened Ontario
Reptiles Prairie Skink Plestiodon septentrionalis Endangered Special concern Manitoba

Table a3 note(s)

Table a3 note a

Name change; species currently listed in Schedule 1 of SARA as the Allegheny Mountain Dusky Salamander (Great Lakes – St. Lawrence population).

Return to table a3 note a referrer
Table 2.3: Species name change only (in English only)
Taxon Species Scientific name Range
Birds Coastal Vesper Sparrowfootnote a Pooecetes gramineus affinis British Columbia
Birds Streaked Horned Larkfootnote b Eremophila alpestris strigata British Columbia

Table a4 note(s)

Footnote a

Species currently listed in Schedule 1 of SARA as the Vesper Sparrow affinis subspecies.

Return to footnote a referrer

Footnote b

Species currently listed in Schedule 1 of SARA as the Horned Lark strigata subspecies.

Return to footnote b referrer

Regulatory development

Consultation

Under SARA, the independent scientific assessment of the status of wildlife species conducted by COSEWIC and the decision of listing a wildlife species on Schedule 1 of the Act are two distinct processes. This separation guarantees that the panel of scientists may work independently when assessing the status of wildlife species and that Canadians have the opportunity to participate in the decision-making process of determining whether or not wildlife species will be listed under SARA to receive legal protections.

The Government of Canada recognizes that the conservation of wildlife is a joint responsibility and that the best way to secure the survival of species at risk and their habitats is through the active participation of all those concerned. SARA's preamble stipulates that all Canadians have a role to play in preventing the disappearance of wildlife species from Canada's lands. One of the ways that Canadians can get involved is by sharing comments concerning the addition, reclassification, or removal of species to Schedule 1 of SARA. Comments are considered in relation to the potential consequences of whether or not a species is included on Schedule 1, and comments received from those who will be most affected by the proposed changes are given particular attention. All comments received are considered by the Minister when making listing recommendations.

The Department of the Environment begins initial public consultations with the posting of the Minister's response statements on the Public Registry within 90 days of receiving a copy of an assessment of the status of a wildlife species from COSEWIC. Indigenous peoples, stakeholders, organizations, and the general public are also consulted by means of a publicly posted document titled Consultation on Amending the List of Species under the Species at Risk Act - Terrestrial Species. This was published in January 2019 for the species included in this Order.

The consultation documents provide information on the species, including the reason for their designation, a biological description and location information. They also provided an overview of the SARA listing process. These documents were distributed directly to over 2 600 individuals and organizations, including Indigenous peoples and organizations, provincial and territorial governments, various industrial sectors, resource users, landowners and environmental non-governmental organizations (ENGOs) with an interest in a particular species.

Initial consultation results summary

Interested parties had from January 13 until May 13, 2019, to submit comments on the proposed Order. In total, the Department of the Environment received 35 comments during this period. The majority of these supported or did not oppose the modifications to Schedule 1 of SARA. Specifically, 14 comments were supportive, 8 did not oppose, and 6 did not support. As for the other comments received, 1 was an information request, 3 acknowledged receipt of the consultation package, 2 indicated a need for resources in order to properly address the consultation efforts, and 1 other was beyond the scope of the current consultations as it was unrelated to the Schedule 1 amendments. When counting the total number of comments received that directly related to the proposed Order, the Department counted one comment per species. Therefore, several comments may have been attributed to the same respondent depending on if they submitted comments on more than one species.

Among the six comments that opposed the proposed SARA listing or modifications to current status, one opposed listing the Eastern Painted Turtle (species of special concern), one opposed listing the Midland Painted Turtle (species of special concern), one opposed up-listing the Allegheny Mountain Dusky Salamander (from threatened to endangered), one opposed up-listing the Red-headed Woodpecker (from threatened to endangered), and two opposed down-listing the Prairie Skink (from endangered to species of special concern).

Four of these six comments came from the same respondent, a provincial government, which objected to all the listing and designation modifications for the species that occur in the province because they believe they have all the legislative and regulatory tools required to effectively protect these species. The remaining comments came from two ENGOs that expressed similar concerns about potential conservation issues that could arise from down-listing the Prairie Skink and the methodology that was used by COSEWIC in its assessment of the species.

The Department of the Environment is committed to a collaborative process throughout the assessment, listing and recovery planning processes. The results of the public consultations are of great significance to the process of listing species at risk. The Department of the Environment carefully reviews the comments it receives to gain a better understanding of the benefits and costs of changing the List of Wildlife Species at Risk.

Detailed feedback on the amendments
A. Opposition to the down-listing of the Prairie Skink

The ENGOs are primarily concerned that the identification and protection of the species' critical habitat required under SARA for endangered and threatened species on Schedule 1 would no longer be required if the legal status is changed to species of special concern. The ENGOs suggest that by removing federal habitat protection, more habitat would be destroyed and more subpopulations would be lost, particularly within Canadian Forces Base (CFB) Shilo, where approximately 28% of the species' distribution in Canada occurs.

The ENGOs also disagree with aspects of COSEWIC's status report. They feel that some threats were underestimated in the calculations and that the species should have been considered endangered based on the application of the COSEWIC assessment criteria for this designation. Notably, both ENGOs believe that based on evidence within the COSEWIC status report, the Prairie Skink meets the criterion that involves whether there is an observed, inferred, or projected decline. The ENGOs also disagreed with COSEWIC's conclusion that the assessment term “severely fragmented,”footnote 18 could not be demonstrated, nor applied to support an endangered status.

Response from the Department

Environment and Climate Change Canada (ECCC) consulted with the Department of National Defence and Canadian Armed Forces (DND) with regard to potential changes to the stewardship regime on CFB Shilo following the down-listing of the Prairie Skink. The DND indicated that key stewardship initiatives include making training areas and ranges more sustainable, maintaining species-at-risk work plans, and working to protect flora and fauna present on DND lands.

CFB Shilo has recently been recognized as a champion for environment and biodiversity protection. It was the first military base in Canada to be recognized as an “other effective area-based conservation measure” (OECM) by the World Commission on Protected Areas, a part of the International Union for Conservation of Nature (IUCN). An OECM is defined as a geographical area that is not legislatively protected, but that “is governed and managed in ways that achieve positive and sustained long-term outcomes for the in situ conservation of biodiversity. . . .”

The DND has developed and maintained an environmental protection plan at CFB Shilo, which is known as the CFB Shilo Long Term Natural Resources Management Framework. The objectives of this framework include maintaining a healthy reptile/amphibian population as well as doing surveys. CFB Shilo also has a Draft CFB Shilo Species at Risk (SAR) Range and Training Area (RTA) Management and Monitoring Plan, which includes monitoring work that will be done on reptiles, including the Prairie Skink, in the RTA. In addition, the Shilo Environmental Advisory Committee (SEAC) allows for CFB Shilo to work with the Department of Conservation and Climate of Manitoba, Brandon University, ECCC and Nature Conservancy of Canada to ensure effective environmental management programs and activities occur at the base.

The DND indicated that the Prairie Skink is seen as a “keystone” species at risk at CFB Shilo and is always a key component of any awareness training given by the base's environmental personnel. The DND assured ECCC that even if the species is down-listed to a species of special concern, CFB Shilo will continue the monitoring activities for the Prairie Skink listed within their SAR Management and Monitoring Plan.

With respect to the 2017 COSEWIC status report for this species, COSEWIC has strived to reach the best decision based on available evidence and the consistent application of current assessment criteria. As stated in the status report in the “Status and reasons for designation” section, the “[c]hange in status from the previous assessment results from a different interpretation of status assessment criteria by COSEWIC.” The status report also thoroughly outlines the nature of data available and their interpretation. While there are continuing threats from habitat succession and invasive plants, there is no evidence that the population is better or worse off since the last assessment.

According to the reason for designation provided in COSEWIC's assessment, a key reason for the change in status from endangered to species of special concern was a change in the interpretation of the term “severely fragmented.” Population fragmentation serves as an indicator for one of the quantitative criteria (Criterion B, Small Distribution Range and Decline or Fluctuation) used by COSEWIC when assessing the conservation status of wildlife species.footnote 19 The COSEWIC report mentions that several new localities have been discovered within the known range since the last assessment as a result of increased survey efforts, and habitat management is ongoing within portions of the skink's range on federal and provincial lands. This new evidence suggests that there are several subpopulations that continue to persist and are presumed to have good viability, which does not support severe fragmentation.footnote 20

B. Opposition from one province

One province opposed the listing of the Eastern Painted Turtle and the Midland Painted Turtle as species of special concern, and to the up-listing of both the Allegheny Mountain Dusky Salamander (Appalachian population) and the Red-headed Woodpecker (from threatened to endangered). The province indicated that it has all the legislative and regulatory tools to protect these species. It also believes that the decision to leave the Mountain Dusky Salamander and the Red-headed Woodpecker under SARA protection could have socio-economic impacts in the province should the legal designation of their critical habitat be made.

Response from the Department

The preamble of SARA indicates that “responsibility for the conservation of wildlife in Canada is shared among the governments in this country and that it is important for them to work cooperatively to pursue the establishment of complementary legislation and programs for the protection and recovery of species at risk in Canada.” The Department of the Environment welcomes measures taken by provinces and territories to offer protection to species at risk within their jurisdictions. However, it is still necessary for the Government of Canada to take action, as provincial protections do not apply on federal land. Adding a species to Schedule 1 of SARA or modifying its status is also the first step to allow for a number of protection measures to be implemented, including the development of a recovery strategy and one or more action plans; the development of a management plan (for species of special concern); the identification and protection of the species' critical habitat; and the availability of funding for research to address the information gaps identified in a schedule of studies.

As per the Cabinet Directive on Regulatory Management,footnote 21 departments are responsible for assessing the benefits and costs when determining whether and how to regulate. The Department of the Environment undertook such an analysis and identified the potential positive and negative economic, environmental, and social impacts of the Order. This analysis is presented below in the “Benefits and costs” section of this RIAS. It concludes that the impact of reclassifying the Mountain Dusky Salamander (Appalachian population) and the Red-headed Woodpecker from threatened to endangered will be low.

Furthermore, both the Allegheny Mountain Dusky Salamander and Red-headed Woodpecker have been previously designated by COSEWIC as threatened. The change in status from threatened to endangered will confer the same level of protection to both species (including with respect to the protection of their critical habitat). Therefore, no incremental socio-economic impacts are expected as a result of the change in the species designation. The Red-headed Woodpecker and the nest portion of its habitat are also protected in Canada under the Migratory Birds Convention Act, 1994.

C. Other comments

One industry association raised issues with the COSEWIC assessment of the Red-headed Woodpecker, which, in its view, has information gaps regarding the long-term impacts of forest pests and pathogens on food availability. The stakeholder cites studies that suggest that forest pest and pathogen outbreaks targeting mast-producing species such as oak, hickory, and beech could limit forage opportunities for the species, especially in the winter when the Red-Headed Woodpecker is highly dependent on acorns and nuts.

Although it does not specifically oppose the new designation, the association is primarily concerned that recovery actions will be unsuccessful if potential threats are not well understood and recommended that the assessment be referred back to COSEWIC. This association also indicated that forestry companies implement measures to preserve important ecological features and minimize the impact on species at risk.

Response from the Department

The criterion used for determining that the species is now endangered is based on the number of individuals remaining in the population and the estimated decline in the past three generations, and considers that the Canadian population is likely a sink depending on immigration from a shrinking U.S. population. Therefore, additional information on long-term negative impacts of the forest pests on food availability is unlikely to result in a change in the assessment, as it would not directly be considered in this criterion.

As the species is already listed in SARA as threatened, a proposed recovery strategy is currently posted on the Public Registry. This recovery strategy already includes the impact of forest pests and pathogens as a threat and identifies the need for more research and monitoring related to this threat, in collaboration with U.S. agencies. It also identifies the urgent priority of continuing development and implementation of tree retention guidelines and other measures to rehabilitate woodlands (including mast-producing trees subject to recent declines), as identified in the letter from the stakeholder.

Public comment period following publication in the Canada Gazette, Part I

The proposed Order and accompanying RIAS were published in the Canada Gazette, Part I, on September 5, 2020, for a 30-day public comment period. Links to these documents were also posted on the Public Registry and on social media (Facebook, Twitter, Instagram), and a notice of the public comment period was sent to Indigenous peoples and stakeholders.

The Department of the Environment received eight comments on the proposed Order during the public comment period, including from two provincial governments (Saskatchewan and Quebec), two First Nations (la Première Nation des Innus Essipit and the Mohawks of Kahnawá:ke), one Crown corporation (the National Capital Commission), one ENGO and two individuals. All comments except one indicated support for the proposed changes or did not oppose them.

With respect to the Quebec Rockcress, the ENGO (the Conseil régional de l'environnement du Bas-Saint-Laurent) recommended to take great precautions to avoid the destruction of this plant and to strengthen surveillance even if several subpopulations are located within the boundaries of established protected areas (Bic National Park and Forillon National Park). For locations outside protected areas, the ENGO recommended actions to better reflect the endangered status of this plant, such as the adoption of voluntary conservation agreements on private lands and awareness-raising efforts.

One province indicated its opposition to the listing of the Eastern Painted Turtle and the Midland Painted Turtle as species of special concern, and to the up-listing of both the Allegheny Mountain Dusky Salamander (Appalachian population) and the Red-headed Woodpecker (from threatened to endangered). The province also indicated that it has all the legislative and regulatory tools to protect these species. In the province's view, the decision to leave the Mountain Dusky Salamander and the Red-headed Woodpecker under SARA protection could have socio-economic impacts in the province should the legal designation of their critical habitat be made in the future.

Response from the Department

As mentioned in the section above, the Department of the Environment welcomes measures taken by provinces and territories to offer protection to species at risk within their jurisdictions. However, it is still necessary for the Government of Canada to take action, as adding a species to Schedule 1 of SARA is the first step to allow for a number of protection measures to be implemented, as presented in the response to the previous comment.

In line with the policy requirements set out under the Cabinet Directive on Regulatory Management, federal regulators are responsible for assessing the benefits and costs associated with a regulatory change when determining whether and how to regulate. The Department of the Environment undertook such an analysis and identified the potential positive and negative economic, environmental, and social impacts associated with this regulatory amendment. The analysis, a summary of which can be found below in the “Benefits and costs” section of this RIAS, concluded that the cost impact of reclassifying the Mountain Dusky Salamander (Appalachian population) and the Red-headed Woodpecker from threatened to endangered would be low and that the benefits of these changes are expected to outweigh the costs.

Modern treaty obligations and Indigenous engagement and consultation

Modern treaty obligations

Section 35 of the Constitution Act, 1982 recognizes and affirms Aboriginal and treaty rights of Indigenous peoples of Canada, including rights related to activities, practices, and traditions of Indigenous peoples that are integral to their distinctive culture. As required by the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment of modern treaty implications was conducted. The assessment identified the following implications.

One of the species (Yukon Wild Buckwheat) to be listed in the Order as a species of special concern occurs exclusively on the lands of the Champagne and Aishihik First Nations (CAFN), which are signatories of a tripartite comprehensive land claims agreement signed in 1993 with the Government of Yukon and the Government of Canada. The Agreement confirms the CAFN's rights to the Yukon portion of its traditional lands and resources.

The listing of this species is expected to have minimal impact on the CAFN's treaty rights, as the general prohibitions under SARA (sections 32 and 33) do not apply to these settlement lands as they are not federal lands under the definition in SARA. Moreover, these general prohibitions do not apply to species listed as species of special concern, such as for the Yukon Wild Buckwheat. However, under SARA, the listing of a species as a species of special concern requires the development of a management plan. In the development of this plan, the Minister is required to cooperate with different parties as listed in subsection 66(1) of SARA, which include wildlife management boards established under land claim agreements. These boards must be consulted when making decisions and recommendations with respect to the management of species in their settlement areas. The management plan must also be prepared, to the extent that it will apply to that area, in accordance with the provisions of the agreement. In addition to these provisions, the Department must also take into consideration the CAFN final agreement, which contains specific consultation provisions that the Government of Canada is obliged to follow.

In order to fulfill its modern treaty obligations, the Department will consult and involve the CAFN and the relevant wildlife management boards in management planning for this species.

Indigenous engagement and consultation

Canada has committed to a renewed, nation-to-nation relationship with Indigenous peoples based on recognition of rights, respect, cooperation and partnership. In line with this commitment, the Department of the Environment is taking measures to have meaningful consultations with Indigenous peoples and organizations in the interest of respect, cooperation and partnership. In parallel, discussions are taking place with interested Indigenous communities to determine the most appropriate approaches to consult with them.

The Department reached out to engage with Indigenous peoples and organizations, as well as with modern treaty holders, to enable those who would be impacted by the Order to state their views. In January 2019, the Department sent a targeted email or letter to individual First Nations and Indigenous organizations, inviting their comments. The email or letter provided background information on the initiative and on the species to be listed or reclassified with a focus on the ones that are known to occur in the province or territory where the First Nation reserve or Indigenous group is located. The notice also clarified the consultation approach and offered additional information sources on the listing and consultation processes for terrestrial species. In addition, the Department offered the opportunity to discuss the proposed Order further with individual First Nations and Indigenous organizations who requested it either through a phone discussion, teleconference or an in-person consultation session.

During the consultation period, no specific comments were received from Indigenous peoples with respect to the 14 species included in the proposed Order. Some Indigenous respondents made general comments by indicating their support for listing new species or discussing efforts being made in their communities to protect species at risk. Some others indicated a lack of capacity or made a request for funding in order to review the consultation material. In response, the Department reiterated its offer to provide non-financial support, such as information materials (i.e. fact sheets, presentations, maps, etc.) or a face-to-face meeting, as necessary, in order to support their participation in the consultation process.

Most of the amendments included in the Order are not anticipated to result in any incremental costs to Indigenous peoples and stakeholders, as the species will either be listed as species of special concern or will be reclassified from an existing status that confers the same level of protection for the species.

The Department contacted the CAFN several times by email to try to get feedback on the proposal to list the Yukon Wild Buckwheat as a species of special concern. The First Nations were aware of this occurrence but did not provide a formal response to the pre-listing consultations on this species. The Yukon Fish and Wildlife Management Board (established under the CAFN Land Claim Agreement) were also invited to submit comments, but the Department did note receive any feedback.

Instrument choice

SARA stipulates that, after receiving an assessment from COSEWIC on the status of a wildlife species, the Minister of the Environment must make one of the following recommendations to the GIC:

The protection of species at risk is a shared responsibility between the federal government and the provinces and territories; therefore, the federal government has to respect its responsibilities to protect species on federal lands, or everywhere in Canada for migratory birds or aquatic species.

Although the Act includes sections that support voluntary stewardship approaches to conservation in collaboration with any other government, organization or person in Canada, and these sections could be used to generate positive outcomes for a species, the obligation for the Minister to make a recommendation to the GIC cannot be bypassed.

Regulatory analysis

Benefits and costs

This analysis presents the incremental impacts, both benefits and costs, of the Order. Incremental impacts are defined as the difference between the baseline situation and the situation in which the Order is implemented over the same time period. The baseline situation includes activities ongoing on federal lands where a species is found, and incorporates any projected changes over the next 10 years that would occur without the Order in place.

An analytical period of 10 years has been selected, because the status of the species must be reassessed by COSEWIC every 10 years. Costs provided in present value terms were discounted at 3% over the period of 2021 – 2030. Unless otherwise noted, all monetary values reported in this analysis are in 2018 constant dollars.

Overall, the Order is expected to benefit Canadian society. Protection of the species through these listings will preserve associated socio-economic and cultural value, existence and option value, as well as benefits from services such as nutrient cycling. The costs associated with the Order are expected to be low; they are related to the development of recovery strategies, action plans and management plans, where applicable, as well as to potential permit applications and compliance promotion.

Since critical habitat is only identified in a recovery strategy or action plan following the listing stage in Schedule 1 of SARA, the extent of critical habitat identification (and therefore related protection measures) is unknown at this time. Therefore, the analysis is based on the best available information at this stage.

Benefits

Under SARA, endangered, threatened and extirpated species benefit from the development of recovery strategies and action plans that identify the main threats to their survival and, when possible, the habitat that is necessary for their survival and recovery in Canada. Species of special concern benefit from the development of a management plan, which includes measures for the conservation of the species. These documents enable coordinated action by responsible land management authorities wherever the species are found in Canada. Improved coordination among authorities increases the likelihood of species survival. This process also provides an opportunity to consider the impact of measures to recover the species and to consult with Indigenous peoples and stakeholders. These activities may be augmented by actions from local governments, stakeholders and/or Indigenous peoples to protect species and habitats, for example, through projects funded through the Habitat Stewardship Program,footnote 22 which requires support and matching funds from other sources. These projects enhance the ability to understand and respond effectively to the conservation needs of these species and their habitats.

The species of special concern designation also serves as an early indication that the species requires attention due to a combination of biological characteristics and identified threats. This helps manage the species proactively, maximizing the probability of success and potentially preventing higher-cost measures in the future.

The incremental benefit of down-listing species to a species of special concern designation stems from management efforts that reflect the best available scientific information, as provided by COSEWIC. Such efforts ensure that the species are protected according to the purposes of SARA, with minimal impacts on stakeholders, Indigenous peoples and government resources. With this Order, the down-listing of the Prairie Skink from endangered to a species of special concern will result in avoided costs, since the development of an action plan will no longer be required.footnote 23 This avoided cost to government is estimated at about $20,000 (undiscounted) per species. Since general prohibitions will no longer apply, there could also be avoided costs to Indigenous peoples and stakeholders who will no longer need to apply for a permit or mitigate their practices to respect the prohibitions. Based on the permit applications already made for this species, it is assumed that, going forward, six permits over 10 years will no longer need to be requested by researchers for an estimated cost savings of $7,600 for applicants and $18,000 for the Government of Canada.

One benefit of reclassifying species from threatened to endangered or vice versa is the alignment of the designation with the best available scientific information, as provided by COSEWIC. This allows for better decision making regarding the species and its conservation prioritization. The up-listing of the four species from threatened to endangered will also lead to national recognition that these species are facing higher risks of extirpation or extinction.

Preventing the extinction or extirpation of these species will likely result from a combination of the Order and additional protection measures undertaken by various levels of government, Indigenous peoples and stakeholders. Such measures are an integral part of maintaining biodiversity in Canada and conserving Canada's natural heritage, which in turn provides benefits to Canadian society. Therefore, the expected benefits cannot be attributed to the Order alone, but are provided for context.

The species in this Order provide various types of benefits to Canadians, as discussed below.

Socio-economic and cultural value for Indigenous peoples

Some of the listed species have unique economic, social and cultural value for Indigenous peoples. For example, turtles have a strong cultural significance for many First Nations. They are present in many traditional stories, such as the Creation story that describes how the Earth was created on the back of a turtle.footnote 24 This is why North America is traditionally referred to as “Turtle Island.” Turtles are widely depicted in Indigenous art, and the bones and shells of Painted Turtles are used to make utensils and ceremonial objects.footnote 25 Additionally, Painted Turtles may have been an important food source for many Indigenous peoples.footnote 26 Woodpeckers are also recurrent in certain Indigenous stories and art, such as totem poles. The feathers of the Red-headed Woodpeckers are used to decorate headdresses and traditional outfits, and to make arrows by many Northwest Coast groups.footnote 27 Wild buckwheat is a stable foodfootnote 28,footnote 29 and used for medicinal purposesfootnote 30 by some Indigenous peoples.

Recreational value

The Red-headed Woodpecker is a charismatic speciesfootnote 31 that provides a recreational value to birdwatchers.footnote 32 According to the 2012 Canadian Nature Survey, 4.7 million Canadians engage in birding activities yearly, with each individual spending on average $201 per year on such activities.footnote 33

Ecological benefits

The Red-headed Woodpecker plays a significant role in maintaining deciduous forest ecosystems of eastern North America by dispersing acorns and beechnuts during feeding.footnote 34 Painted Turtles disperse seeds of aquatic plants through their movements in water.footnote 35 Mosses such as the Acuteleaf Small Limestone Moss and the Spoon-leaved Moss help control erosion,footnote 36 filter rainwaterfootnote 37 and sequester carbon.footnote 38 The False-foxglove Sun Moth is a species part of the Noctuidae family,footnote 39 which are pollinators.footnote 40 Pollination is the process of transferring pollen within and across plants to allow for their fertilization and reproduction.footnote 41 A 2011 study revealed that about three quarters of major food crops globally rely on animal-mediated pollination.footnote 42

Provision of food for other animals

Several of the listed species have an important ecological role as food for other species, supporting their survival and, in turn, the benefits they provide. Yukon Wild Buckwheat flowers are an important source of nectar for insects, and are grazed by wood bison, a species of great significance and conservation value.footnote 30

Existence value

Many people derive well-being from simply knowing that a species exists now and/or in the future. Although no quantitative estimates of the existence value of the listed species are available, related studies indicate that society places substantial value on vulnerable species, and especially charismatic, symbolic, or emblematic species.footnote 43,footnote 44 For example, Painted Turtles are an iconic species in Canada, and a flagship species used for educational and conservational purposes by naturalists and scientists.footnote 45 Additionally, a 2006 U.S. meta-analysis revealed an annual willingness to pay $26.80 (2019 Canadian dollars) to increase the chance of survival of the Red-cockaded Woodpecker, an endangered species in the United States.footnote 46 A similar behaviour can be expected from Canadians towards the conservation of the Red-headed Woodpecker.

Option value

The Canadian public and firms may value the preservation of genetic information that could be used in the future for biological, medicinal, genetic and other applications.footnote 47 Several of the listed species are associated with such values (i.e. option values). In genetic research, studies have focused on the Painted Turtle, which is an important model species in multiple fields of biological study, such as developmental biology, environmental toxicology, ecology, and comparative life history biology.footnote 48

The Spoon-leaved Moss was found to have biologically active anti-tumour compounds that could be of interest to medical researchers.footnote 49

Yukon Wild Buckwheat, Quebec Rockcress and Spoon-leaved Moss are endemic species to Yukon, Eastern Canada and Southern Ontario, respectively.footnote 50,footnote 30,footnote 51 Endemic species develop unique characteristics to survive and adapt to their home range and are therefore of interest to scientists studying postglacial evolution.footnote 52 The Boechera genus that the Quebec Rockcress belongs to is currently being studied as a model of geographic isolation, morphological and genetic differentiation of populations, and evolution.footnote 53

Costs

Species were included in the Order if the nature of their associated regulatory amendment would impose no to minimal cost on stakeholders and/or Indigenous peoples. Thus, by definition, the expected impacts of the Order will be low.

The species included in the Order were triaged according to the level of impact on Indigenous peoples and stakeholders and placed into categories, as illustrated in Table 3.

Table 3: Costs to Indigenous peoples and stakeholders by listing category
Amendments to Schedule 1 Species Costs
New listing as endangered or threatened (three species) Acuteleaf Small Limestone Moss, False-foxglove Sun Moth, and Quebec Rockcress The general prohibitions are only triggered for species found on federal lands. Of the seven species listed as endangered or threatened, only one occurs on federal lands: the Quebec Rockcress. For this species, minimal costs related to permit applications could be incurred. Applications must meet preconditions in order for a permit to be issued.
Up-listing/down-listing in status between threatened and endangered or vice versa (three species) Spoon-leaved Moss, Allegheny Mountain Dusky Salamander (Appalachian population), and
Red-headed Woodpecker		 The species reclassifications from threatened to endangered (and vice versa) will not result in new costs to Indigenous peoples and stakeholders, because both statuses confer the same level of protection for the listed species.
Listing or reclassification to level of species of special concern (six species) Yukon Wild Buckwheat, Midland Painted Turtle, Eastern Painted Turtle,
Red-tailed Leafhopper (Great Lakes Plains population), Red-tailed Leafhopper (Prairie population), and Prairie Skink		 SARA's general prohibitions do not apply to species of special concern. As a result, the listing of these species will not create any incremental costs to Indigenous peoples and stakeholders.
Changes to species' names (two species, in English only) Coastal Vesper Sparrow and the Streaked Horned Lark No significant costs expected as there is no anticipated effect on stakeholders.

For each species, the analysis considered three types of incremental costs of the Order:

The analysis is based on the best available information at this stage.

(1) Costs to Indigenous peoples and stakeholders

SARA's general prohibitions do not apply to species of special concern, meaning that the listing of these species does not create any incremental costs to Indigenous peoples and stakeholders. Likewise, the reclassification of species from threatened to endangered and vice versa does not result in new costs to Indigenous peoples and stakeholders, because both statuses receive identical protections. The general prohibitions are not triggered for species not found on federal lands, resulting in no new impacts on Indigenous peoples or stakeholders.

Although SARA's general prohibitions apply across the PCA's network of protected heritage places upon listing, species are already afforded protection in the national parks and national historic sitesfootnote 54 under the Canada National Parks Act (CNPA). General prohibitions also apply on other federal lands, such as reserves. However, no species in this Order are known to occur on a reserve and therefore, no incremental costs to Indigenous peoples are expected. In addition, no incremental costs are expected for stakeholders as a result of the listing of the species occurring on the PCA land affected, other than the potential cost of permit applications. See subsection (3) of the “Costs” section for details on costs of permit applications.

(2) Costs to the Government of Canada

As outlined in Table 4 below, the costs to the Government of Canada differ depending on the listing category.

Table 4: Type of listing and associated costs to the Government of Canada
Type of listing SARA requirements Estimated cost per species
New listing or reclassification as species of special concern Development of a management plan $10,000 to $15,000
Reclassification from endangered to threatened or vice versa Updating recovery strategy and action plan $3,000 to $10,000
New listing as endangered, threatened or extirpated Development of a recovery strategy and an action plan $20,000 to $25,000 per document
Species name change Update documents Up to $3,000
Removal from Schedule 1 N/A N/A

Six species are being listed or reclassified as species of special concern: Yukon Wild Buckwheat, Midland Painted Turtle, Eastern Painted Turtle, Red-tailed Leafhopper (Great Lakes Plains population), Red-tailed Leafhopper (Prairie population) and Prairie Skink. For these, the identification of critical habitat is not required. A management plan must be prepared and published within three years of listing. The development of management plans is expected to cost approximately $10,000 to $15,000 per species, for an undiscounted total of $60,000 to $90,000 for the species in this group.

Three species are being reclassified from threatened to endangered or vice versa: Spoon-leaved Moss, Allegheny Mountain Dusky Salamander (Appalachian population), and Red-headed Woodpecker. Under SARA, endangered and threatened species receive identical protections. Therefore, the requirements for preparing recovery strategies and action plans and identifying critical habitat are the same for both endangered and threatened species.footnote 55 For these species, updates to the existing recovery strategies and action plans will be required following reclassification, with an estimated cost between $3,000 and $10,000 per document per species. An update of the action plan for the Allegheny Mountain Dusky Salamander (Appalachian population) is not required because it has not been published yet. Therefore, the total undiscounted cost to the Government of Canada for this group is estimated at about $15,000 to $50,000 for the three recovery strategy updates and the two action plan updates required for the reclassified species.

Three species have been newly assessed by COSEWIC as endangered. Efforts to recover these three species through the development of both recovery strategies and action plans are estimated to cost between $40,000 and $50,000 per species. The total undiscounted cost to the Government of Canada is estimated at $120,000 to $150,000 for the development of the six recovery strategies and action plans required for these species. Species in this group will also require compliance promotion, with the estimated total cost of $2,000 for compliance promotion in the first year.

Two species, the Coastal Vesper Sparrow and the Streaked Horned Lark, have been assigned a new name (in English only), but they remain at the same status. The total cost to the Government of Canada to update the shared recovery strategy for both species is estimated to be up to $3,000.

(3) Costs of permit applications

Although it is not certain that additional permit requirements will be triggered as a result of the Order, permits will be required for activities that will be prohibited under SARA. The assumptions on the number of potential permit applications were based on previously requested permits.

It is assumed that there may be one permit application per federal property with species occurrence, and one additional permit application for PCA lands. The permit applications will be for research or activities that benefit the species, and will be prepared by academic institutions or other research organizations (e.g. non-governmental organizations, governments). Furthermore, for properties for which a permit is already required under another Act of Parliament for an activity to take place (e.g. national parks of Canada, national wildlife areas), the permit application cost will only be the additional cost required to make the permit compliant with SARA, which is estimated to be approximately a quarter of the effort of a new permit application (or about seven hours of the applicant's time). The various costs related to permit application are presented in Table 5 below.

Table 5: Permit application costs
Note: estimates have been rounded
Type of permit application Cost per permit
Applicant Industry, including Indigenous peoples (incidental take permit) $2,500
Industry (incidental take permit) — SARA-compliant increment only $600
Researcher/scientist (research permit) $1,200
Researcher/scientist (research permit) — SARA-compliant increment only $300
PCA (on PCA land) $760
Administrative costs to the Government of Canada New permit — ECCC $3,000
SARA compliant increment — federal government $680

There is only one species in the new listings that occurs on a federal land: the Quebec Rockcress, which is found on Mont Saint-Alban, Forillon National Park, Quebec. Therefore, it is assumed that the Order could trigger up to two new permit applications for this location and species: one from researchers and the other from the PCA to authorize its projects within this national park.

For researchers, applying for SARA permits where a previous Canada National Parks Act (CNPA) permit was required may involve incremental costs of $300 per permit. As indicated above, PCA applicants that apply for SARA permits for projects within national parks assume a cost of up to $760 per species. Therefore, the total incremental cost to all applicants in this park is estimated at $1,060 (undiscounted).

The incremental costs to the Government of Canada to process SARA-compliant permit applications are estimated at $680 per permit, including costs associated with reviewing permits, assessing applications, and communicating with applicants. The total incremental costs to the Government of Canadafootnote 56 associated with the review of these permit requests in the 10 years following the listing of the Quebec Rockcress could be up to $1,360 (undiscounted).

Costs and benefits summary

In summary, aside from permit-related expenses, the Order is not anticipated to impose incremental costs on Indigenous peoples and stakeholders. The overall costs to the Government of Canada related to this Order are anticipated to be low, and stem from the development of recovery strategies, action plans or management plans as well as from compliance promotion and enforcement activities.

Based on the list of species included in the Order, the overall net cost to government has been estimated at $160,000 to $230,000 over 10 years (2021 – 2030), discounted at 3% to a base year of 2018. For all permits, the incremental cost to applicants (i.e. industry, First Nations, other levels of government, research and science) is estimated at $1,100 (undiscounted).

Implications for environmental assessments

There could be some implications for projectsfootnote 57 required to undergo an environmental assessment by or under an Act of Parliament (hereafter referred to as a “federal EA”). However, any costs are expected to be minimal relative to the total costs of performing a federal EA. Once a species is listed in Schedule 1 of SARA, under any designation, additional requirements under section 79 of SARA are triggered for project proponents and government officials undertaking a federal EA. These requirements include identifying all adverse effects that the project could have on the species and its critical habitat and, if the project is carried out, ensuring that measures are taken to avoid or lessen those effects and to monitor them. However, the Department of the Environment always recommends to proponents in environmental assessment guidelines (early in the environmental assessment process) to evaluate effects on species already assessed by COSEWIC that may become listed under Schedule 1 of SARA in the near future so these costs are likely already incorporated in the baseline scenario.

Small business lens

The small business lens does not apply to this Order, as no small businesses will be impacted.

One-for-one rule

The Department of the Environment does not anticipate any permit application from businesses. Therefore, the one-for-one rule does not apply to this Order, as there is no change in administrative costs to businesses.

Regulatory cooperation and alignment

The protection of wildlife species is also a responsibility shared between the federal, provincial and territorial levels of government. The provincial and territorial governments have indicated their commitment to protecting and recovering species at risk through their endorsement of the Accord for the Protection of Species at Risk in 1996. Some of the species included in the Order are currently listed under provincial legislation. Therefore, the Order will complement this existing protection. The Department also works with its federal partners (i.e. the Department of Fisheries and Oceans and the PCA) to determine the impact of the listing of species. Those statuses are shown in Table 6 below.

Table 6: Existing provincial and territorial designations of species included in the proposed Order Amending Schedule 1 to the Species at Risk Act
Common species name Range New status under SARA Provincial/territorial act Provincial/territorial status
Prairie Skink Manitoba Special concern Endangered Species and Ecosystems Act Endangered
Quebec Rockcress Quebec Endangered Loi sur les espèces menacées ou vulnérables Threatened
Red-headed Woodpecker Saskatchewan, Manitoba, Ontario, Quebec Endangered
  • Loi sur les espèces menacées ou vulnérables (QC)
  • Endangered Species Act (ON)
  • Endangered Species and Ecosystems Act (MB)
  • Threatened
  • Special concern
  • Threatened

Strategic environmental assessment

A strategic environmental assessment concluded that the Order will result in important positive environmental effects. Specifically, it demonstrated that the protection of wildlife species at risk contributes to national biodiversity and protects ecosystem productivity, health and resiliency.

The Order will help Canada meet its commitments under the Convention on Biological Diversity. Given the interdependency of species, a loss of biodiversity can lead to decreases in ecosystem functions and services. These services are important to the health of Canadians and have important ties to Canada's economy. Small changes within an ecosystem resulting in the loss of individuals and species can therefore have adverse, irreversible and broad-ranging effects.

The amendments to Schedule 1 of SARA will also support the Federal Sustainable Development Strategy (FSDS)footnote 58 goal of “Healthy wildlife populations,” and the following target: “By 2020, species that are secure remain secure, and populations of species at risk listed under federal law exhibit trends that are consistent with recovery strategies and management plans.” The amendments will support this goal by helping to ensure that species are provided appropriate protection. They will also indirectly contribute to the FSDS goal of “Effective action on climate change” by supporting the conservation of biodiversity because many ecosystems play a key role in mitigating climate change impacts. These actions will also support the United Nations' 2030 Agenda for Sustainable Development Goalsfootnote 59 concerning Life on Land (goal 15) and Climate Action (goal 13).

Gender-based analysis plus

A gender-based analysis plus (GBA+) was performed for this listing, looking at whether characteristics such as sex, gender, age, race, sexual orientation, income, education, employment status, language, visible minority status, disability or religion could influence how a person is impacted by the Order. The analysis found that, in general, Canadians benefit positively from the protection of species at risk and from maintaining biodiversity.

The region of residence was identified as the main factor determining how a person would be impacted by the Order. The listing of new species to Schedule 1 of SARA or their reclassification as endangered or threatened (from species of special concern) triggers the application of the general prohibitions to kill, capture or harm the protected species. Whenever these general prohibitions are implemented, they may disproportionately impact Indigenous peoples because they only apply on federal lands, of which Indigenous reserves are part. Certain of the species included in listing orders that occur on these lands have important cultural, ceremonial and socio-economic significance for Indigenous peoples. Therefore, individuals residing on Indigenous reserves are the main subgroup that could be negatively affected by the listing of species under Schedule 1 of SARA.

The species that will trigger the general prohibitions under SARA as part of this Order are not known to be located on reserve lands. As for the remaining species, their status is either species of special concern, meaning immediate federal protections will not apply to these species, or they are being reclassified from an existing conservation status to endangered or threatened, which is unlikely to impact Indigenous peoples since the general prohibitions will continue to apply in the same way.

The Department performed consultations to ensure all potentially affected parties had the opportunity to provide input into the listing. It was understood by the Department that the information that forms the basis of the consultations is complex, and therefore not easily accessible to persons with low literacy skills or without a science background. Language may also be a barrier to meaningful participation in consultations for Indigenous peoples. To address these challenges, the Department offered to provide teleconferences or face-to-face meetings to explain the Order and discuss its potential impacts to the communities who requested more support.

Although the Order will not lead to incremental impacts for the Midland Painted Turtle, the Eastern Painted Turtle and the Red-headed Woodpecker, they have unique economic, social and cultural value for Indigenous peoples. For example, turtles have a strong cultural significance. They are present in many traditional stories and ceremonial objects and in art.footnote 60,footnote 25 Additionally, there is evidence that Painted Turtles have been an important food source for many Indigenous peoples.footnote 61 Woodpeckers are also recurrent in Indigenous stories and art; their feathers are used in traditional outfits and to make arrows.footnote 62

One of the species listed as a species of special concern, the Yukon Wild Buckwheat, occurs exclusively on the lands of the Champagne and Aishihik First Nations (CAFN). A recent study indicates that the species has been used medicinally by First Nations people at Aishihik Lake, but levels of use were not found to be significant.footnote 63 It is worth noting, however, that the habitat/land on which this species occurs does have cultural, ceremonial, and socio-economic value for the CAFN. These lands include important areas surrounding a CAFN village site that is important for subsistence harvest, ceremonial purposes, burial sites, etc.

Rationale

Biodiversity is crucial to ecosystem productivity, health and resiliency, yet is rapidly declining worldwide as species become extinct.footnote 64 The Order supports the survival and recovery of 12 species at risk in Canada, thus contributing to the maintenance of biodiversity in Canada. In the case of the three new species listed as endangered, they will be protected on federal lands through the general prohibitions of SARA, which include prohibitions on killing, harming, harassing, capturing, possessing, collecting, buying, selling and trading. In addition, these species will benefit from the development of recovery strategies and action plans that identify the main threats to species survival, and, when possible, the critical habitat that is necessary for their survival and recovery in Canada. In addition, six species listed or reclassified as species of special concern will benefit from the development of a management plan, which includes measures for the conservation of the species.

In summary, the listings or reclassifications of the species included in this Order will benefit Canadians in many ways, yet no major costs will be incurred by Indigenous peoples or stakeholders. The costs to Government are expected to be relatively low.

Implementation, compliance and enforcement, and service standards

Implementation

Following the listings, the Department of the Environment and the PCA will implement a compliance promotion plan. 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. Potentially affected Indigenous peoples and/or stakeholders will be reached in order to

These objectives may be accomplished, where applicable, through the creation and dissemination of information products explaining new prohibitions on federal lands with respect to the species included in this Order,footnote 65 the recovery planning process that follows listing or reclassification, how Indigenous peoples and stakeholders can get involved, as well as general information on each of the species. These resources will be posted on the Public Registry. Mail-outs and presentations to targeted audiences may also be considered as appropriate.

Within PCA's network of protected heritage places,footnote 66heritage front-line staff are given the appropriate information regarding the species at risk found within their sites to inform visitors on prevention measures and engage them in the protection and conservation of species at risk.

Subsequent to listing, the preparation and implementation of recovery strategies, action plans or management plans may result in recommendations for further regulatory action for the protection of wildlife species. It may also draw on the provisions of other Acts of Parliament to provide required protection.

Compliance and enforcement

SARA provides for penalties for contraventions to the Act, including fines or imprisonment, seizure and forfeiture of things seized or of the proceeds of their disposition. Agreements on alternative measures may also be used to deal with an alleged offender under certain conditions. 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

Paula Brand
Director
SARA Policy and Regulatory Affairs
Canadian Wildlife Service
Environment and Climate Change Canada
Gatineau, Quebec
K1A 0H3
Telephone: 1‑800‑668‑6767
Email: ec.LEPreglementations-SARAregulations.ec@canada.ca

Annex 1 — Description of species being added to or reclassified in Schedule 1 of the Species at Risk Act

A — Species for addition to Schedule 1 of SARA

1. Sun Moth, False-foxglove (Pyrrhia aurantiago) — Endangered
About this species

False-foxglove Sun Moth is an owlet moth (family Noctuidae). Adults are approximately 30 mm long with a wingspan of 25 to 33 mm. The forewing is dark orange at the base and purple on the outer third, separated by a dark, jagged band.

Globally, the False-foxglove Sun Moth ranges from southern Maine, west through southern Ontario and southern Wisconsin, south to eastern Texas and central Florida. In Canada, the species ranges in southwestern Ontario from eastern Lake Erie, west to Lake Huron, and south to Windsor. Canadian subpopulations of this moth are mostly in protected areas where the primary threats are over-browsing of the larval host plants by native White-tailed Deer and the effects of competition from invasive plants on the host plants.

Benefits of the species

Option value.

Consultations

Consultations were undertaken for this species from January to May 2019. No comments specific to this species were received.

Rationale for listing

It is estimated that 99% of the species' habitat has been lost in Ontario. The larvae depend on Smooth Yellow False Foxglove and Fern-leaved Yellow False Foxglove, both of which are species at risk in Canada.

A SARA listing as endangered creates immediate protection for individuals and their residences on federal lands, and requires the development of a recovery strategy and one or more action plans.

2. Moss, Acuteleaf Small Limestone (Seligeria acutifolia) — Endangered
About this species

Acuteleaf Small Limestone Moss is a minute, upright, light green – coloured moss that forms sparse colonies on vertical surfaces of limestone bedrock.

Primary threats include impacts to habitat from quarrying, logging, and roads. The site near Kennedy Lake is currently not expected to be harvested. However, plans to quarry the marble deposit at the site near Wood Cove, where two thirds of the known Canadian population occurs, threatens this subpopulation.

Benefits of the species

Value of the species as a bio-indicator.

Consultations

Consultations were undertaken for this species from January to May 2019. No comments specific to this species were received.

Rationale for listing

The species has a very restricted distribution in Canada, where it is known from only two sites on Vancouver Island, British Columbia. It is confined to limestone outcrops near sea level beneath a high, coniferous forest canopy in hypermaritime climatic regions near the coast.

A SARA listing as endangered creates immediate protection for individuals and their residences on federal lands, and requires the development of a recovery strategy and one or more action plans.

3. Rockcress, Quebec (Boechera quebecensis) — Endangered
About this species

Quebec Rockcress is an herbaceous biennial or short-lived perennial that occurs only on the limestone cliffs and escarpments of eastern Quebec. There are eight known subpopulations of the species, but two of these are historical and one is considered extirpated, leaving five existing subpopulations. The most significant threat to Quebec Rockcress is rock climbing.

Benefits of the species

Option value.

Consultations

Consultations were undertaken for this species from January to May 2019. A total of four comments were received on this listing: one from an Indigenous group that expressed support, as well as three others from one provincial government and two Indigenous groups that did not oppose it.

Rationale for listing

This plant is endemic to Canada and restricted to limestone cliffs and escarpments of the Gaspé Peninsula in eastern Quebec. Most Quebec Rockcress habitat is isolated from anthropogenic threats, but its extremely limited range makes it vulnerable to stochastic environmental events.

A SARA listing as endangered creates immediate protection for individuals and their residences on federal lands, and requires the development of a recovery strategy and one or more action plans.

4. Leafhopper, Red-tailed (Aflexia rubranura) Great Lakes Plains population — Species of special concern
5. Leafhopper, Red-tailed (Aflexia rubranura) Prairie population — Species of special concern
About this species

This flightless leafhopper is the only member of its genus Aflexia, which is globally imperilled. Red-tailed Leafhopper is found in open grassland and savannah habitats where its host plant, Prairie Dropseed (Sporobolus heterolepis), grows.

The species appears less abundant now than historically due to the near-complete loss of its tallgrass prairie bur oak habitat in Manitoba and less drastic losses of its alvar habitat in Ontario. The primary limiting factors for Red-tailed Leafhopper are its limited dispersal ability, the availability of alvar habitat in Ontario, the scarcity of its host plant, and vulnerability to weather patterns.

Threats to Ontario subpopulations (Great Lakes Plains population) are habitat conversion to housing (e.g. cottage development), fire, fire suppression and subsequent ingrowth of native and non-native plants, livestock overgrazing, and habitat degradation from recreation. As for the Manitoba (Prairie population) sites, the primary threats are conversion to agriculture and the cumulative effects of fire, fire suppression, and native tree encroachment within the open habitats (whereby the native trees outcompete and reduce the abundance of host plants available to the Red-tailed Leafhopper).

Benefits of the species

N/A

Consultations

Consultations were undertaken for this species from January to May 2019. No comments specific to this species were received.

Rationale for listing

Both populations have limited dispersal ability. The Prairie population is restricted to remnant oak savannah grassland habitat in southern Manitoba, a habitat that has largely been lost from the province, while the Great Lakes Plains population is restricted to remnant grassland and savannah alvar habitats on Manitoulin Island and adjacent islands in Ontario.

Although a special concern listing will not result in prohibitions under SARA, it will contribute to the conservation of the species in Canada by requiring the development of a management plan, which will include measures to prevent the species from becoming further at risk.

6. Turtle, Eastern Painted (Chrysemys picta picta) — Species of special concern
7. Turtle, Midland Painted (Chrysemys picta marginata) — Species of special concern
About this species

Painted Turtle (Chrysemys picta) is a small- to medium-sized freshwater turtle widespread across North America. In eastern Canada and the northeastern United States, two subspecies are recognized: Midland Painted Turtle (C. p. marginata) and Eastern Painted Turtle (C. p. picta). The Painted Turtle has one of the largest ranges of freshwater turtles of North America, largely owing to their adaptability and tolerance to the cold. The Eastern Painted Turtle is found in New Brunswick, Nova Scotia, and the Atlantic coastal states east of the Appalachian Mountains. As for the Midland Painted Turtle, it extends from Ontario and western Quebec south to the Great Lakes and Ohio Valley states.

The loss of more than 70% of wetlands in southern Ontario over the past 200 years (fewer than six turtle generations) has very likely resulted in significant regional declines in both abundance and distribution of the Midland Painted Turtle, although quantitative data on declines are limited. Both subspecies are subject to a suite of continuing threats, including road mortality, habitat degradation and loss, invasive species, and subsidized predators, which are unlikely to diminish in the future.

Benefits of the species

Socio-economic and cultural value for Indigenous peoples, ecological services, nutrient cycling services, option value and existence value.

Consultations

Consultations were undertaken for these species from January to May 2019.

With respect to the Eastern Painted Turtle, a total of four comments were received on the listing: three from two Indigenous groups and an industry association that showed support, and one from a provincial government that did not support it.

With respect to the Midland Painted Turtle, a total of five comments were received on the listing: three from two Indigenous groups and an industry association that were in support, one from a provincial government that did not support it, as well as another from an Indigenous group that did not oppose it.

Rationale for listing

The “slow” life history of turtles, characterized by exceedingly late maturation, high adult survival, and long generation time, increases vulnerability and limits population resilience to these threats. The species may become threatened if these threats are neither reversed nor managed with demonstrable effectiveness.

Although a special concern listing will not result in prohibitions under SARA, it will contribute to the conservation of this species in Canada by requiring the development of a management plan, which will include measures to prevent the species from becoming further at risk.

8. Wild Buckwheat, Yukon (Eriogonum flavum var. aquilinum) — Species of special concern
About this species

Yukon Wild Buckwheat is a perennial herb with basal leaves that form a compact mat up to about 35 cm wide. The plant occurs on dry, south-facing grassland slopes, which are uncommon relicts of the vast steppes of unglaciated Beringia. Species of buckwheat have been used medicinally by First Nations people.

The species is restricted in Canada to a handful of sites in southwestern Yukon. An increase in habitat damage by Wood Bison and feral horses may threaten Yukon Wild Buckwheat, although the impacts of these species are unknown. Invasive plants are another potential threat. Yukon Wild Buckwheat is probably limited by the scattered distribution of grasslands within its extent of occurrence and its apparent low recruitment rate and limited dispersal capability.

Benefits of the species

Socio-economic and cultural value for Indigenous peoples, provision of food for other species and option value.

Consultations

Consultations were undertaken for this species from January to May 2019. No comments specific to this species were received.

Rationale for listing

Despite apparently low recruitment, the number of mature individuals remains stable. This species could become threatened as rapid climate change brings increased precipitation and encroachment of the grasslands by native trees and shrubs.

Although a special concern listing will not result in prohibitions under SARA, it will contribute to the conservation of this species in Canada by requiring the development of a management plan, which will include measures to prevent the species from becoming further at risk.

B — Species for reclassification in Schedule 1 of SARA

9. Salamander, Allegheny Mountain Dusky (Desmognathus ochrophaeus) Appalachian population — Up-listing from threatened to endangered

The Great Lakes – St. Lawrence population was assessed as threatened in April 2007. The population name changed to “Appalachian population” in April 2018.

About this species

This salamander with aquatic larvae inhabits forested brooks, cascades, springs, and seeps, where there is abundant cover in the form of crevices between stones, logs, or leaf litter. The Allegheny Mountain Dusky Salamander is commonly found throughout the Appalachian Mountain system of eastern North America, from the Canada – United States border in the north to northern Georgia in the south. In Canada, the Appalachian population is found only in southwestern Quebec, at Covey Hill.

Benefits of the species

Pest control services, provision of food for other species and value of the species as a bio-indicator.

Consultations

Consultations were undertaken for this species from January to May 2019. Two comments were received on this listing: one from an Indigenous group that expressed support, and another from a provincial government that did not support it.

Rationale for up-listing

The species' Appalachian population is confined to a small area at Covey Hill, Quebec, and is isolated from other populations in Canada and in the United States. Its small range makes this salamander highly susceptible to environmental fluctuations and chance events, and effects of various human activities. All occupied streams emanate from a single water source and are thus vulnerable to any activities or events that could lead to drying of habitats or contamination of the water source. Within the past decade, increased survey efforts have allowed better delineation of occupied areas and clarified threats, but substantial threats remain, and the risk to the population has increased due to increasing demand for water.

10. Woodpecker, Red-headed (Melanerpes erythrocephalus) — Up-listing from threatened to endangered

COSEWIC assessed the species as a species of special concern in April 1996. The species' status was re-examined and designated as threatened in April 2007.

About this species

The Red-headed Woodpecker is approximately 20 cm long and is easily recognized by its crimson head, neck, throat, and upper breast, which contrast with its white underparts and black upperparts. The species is a migratory bird that occurs only in North America. In Canada, its range is primarily in southern Manitoba and southern Ontario, with small numbers extending into Saskatchewan and southern Quebec.

This boldly patterned woodpecker, which inhabits open deciduous forests, has experienced a substantial long-term population reduction. This decline is associated primarily with reduced quality of breeding habitat, particularly the loss of standing dead trees needed for nesting, fly-catching, and food caching. Other threats include increased competition for nest sites from native and non-native bird species.

Benefits of the species

Socio-economic and cultural value for Indigenous peoples, recreational value, nutrient cycling services, and existence value.

Consultations

Consultations were undertaken for this species from January to May 2019. A total of seven comments were received on the listing: four showed support and came from two Indigenous groups, one ENGO and one association of municipalities; another came from a provincial government that did not support it. There was also one comment from an Indigenous group and another from an industry association that did not oppose it.

Rationale for up-listing

The Canadian population is now likely made up of fewer than 6 000 mature individuals, almost all in Manitoba and Ontario. It appears to not be self-sustaining, and ongoing declines may accelerate given that numbers are also decreasing in adjacent parts of the U.S. range, hence the reclassification.

11. Skink, Prairie (Plestiodon septentrionalis) — Down-listing from endangered to species of special concern

COSEWIC assessed the species as a species of special concern in April 1989. Its status was re-examined and designated endangered in May 2004.

About this species

Prairie Skink is a small, slender lizard with body (snout-vent) length up to 85 mm; the tail can be approximately as long as the body. Prairie Skink is brown with four light stripes along the length of the body and extending onto the tail. Males have reddish-orange colouration on the head and throat during the breeding season, and juveniles have bright blue tails. There are three subspecies, but only Northern Prairie Skink occurs in Canada. Northern Prairie Skink's complete association with the mixed-grass prairie sandhill ecosystems of southwestern Manitoba make the species an indicator of this rare landform. Prairie Skinks are prey for a variety of birds, mammals, and snakes.

Benefits of the species

Provision of food for other species and value of the species as a bio-indicator.

Consultations

Consultations were undertaken for this species from January to May 2019. Two comments opposing the listing were received from two ENGOs.

Rationale for down-listing

The Canadian distribution of this reptile is restricted to a small area of mixed-grass prairie on sandy soils in Manitoba and is isolated from the rest of the species' range in the United States by over 100 km. Its prairie habitat has been historically lost and fragmented mainly due to agricultural activities. Aspen succession and invasion by exotic plants continue to degrade remaining habitats. Several new localities have been discovered within the known range since the last assessment as a result of increased survey efforts, and habitat management is ongoing within portions of the skink's range on federal and provincial lands.

Change in status from the previous assessment results from a different interpretation of status assessment criteria by COSEWIC. While the species is deemed to no longer be at risk of imminent extinction, it could become threatened if factors affecting it are unmitigated.

12. Moss, Spoon-leaved (Bryoandersonia illecebra) — Down-listing from endangered to threatened

COSEWIC assessed the species as endangered in May 2003.

About this species

A large and distinctive species, Spoon-leaved Moss (Bryoandersonia illecebra) is readily distinguished in the field by cylindrical, worm-like shoots. Bryoandersonia is a monotypic genus that is endemic to eastern North America. The position of Canadian subpopulations, at the edge of the species' northern geographic range, may be associated with unique genetic characters. In North America, Spoon-leaved Moss is found in forests, wetlands, meadows, lawns, and edge habitats.

This species is known in Canada only from southern Ontario, where most locations fall within the highly fragmented Carolinian zone. It appears to be associated with young or mid-seral forest: most known subpopulations are in deciduous thickets or forests regenerating in formerly cleared areas. Potential threats include pollution, recreational activities, forestry, and residential and commercial development.

Benefits of the species

Value of the species as a bio-indicator and option value.

Consultations

Consultations were undertaken for this species from January to May 2019. No comments specific to this species were received.

Rationale for up-listing

Although the species is more abundant within its restricted ecological zone than it was thought to be when first assessed by COSEWIC, it is still uncommon, and its absence from large areas of apparently suitable habitat suggests limitation by additional threats or natural factors. When present, the number of colonies found is typically low even with intensive search effort. While the presence of this species in recently created habitats shows that dispersal is possible, the means by which it is achieved is not certain. Only female plants have been recorded in Canada and sporophytes have never been observed.

13. Sparrow, Coastal Vesper (Pooecetes gramineus affinis) — Name change only

The species was listed as endangered under SARA in 2007. COSEWIC reassessed the species in April 2018 and did not recommend any change to its status.

About this species

The Coastal Vesper Sparrow is a medium-sized sparrow with distinctive chestnut wing coverts, white outer tail feathers and a white eye ring. It is one of several taxa restricted to the coastal savannahs and grasslands of the west coast of North America. In British Columbia it formerly bred in the lower Fraser River Valley and southeastern Vancouver Island, but more recently was restricted to only the Nanaimo Airport and the immediately adjacent land on Vancouver Island.

14. Lark, Streaked Horned (Eremophila alpestris strigata) — Name change only

The species was listed as endangered under SARA in 2003. COSEWIC reassessed the species in April 2018 and did not recommend any change to its status.

About this species

The Streaked Horned Lark is the rarest subspecies of Horned Lark in Canada. It is a small, brown, yellow, and white bird with a distinctive black facial mask and black headband, which extends in the male into tiny feather tufts or “horns.” The species occurs only in the Pacific coastal plains of southwestern British Columbia, Washington and Oregon. In British Columbia, its historical distribution is restricted to southeastern Vancouver Island, the Gulf Islands, and the lower Fraser River Valley from the mouth of the Fraser River east to Chilliwack.