Legal Listing of Aquatic Species 2004

  1. Table of Contents
  2. Information on Species (Blue Whale and Sei Whale)
  3. Information (Humpback Whale and Enos Lake Stickleback)
  4. Information (Speckled Dace and Salish Sucker)
  5. Information (Cultus Lake Sockeye Salmon and Interior Fraser Coho)
  6. Information (Sakinaw Lake Sockeye Salmon and Bcaccio)
  7. Contact Information
  8. Questions
  9. Appendix 1: Glossary of Terms

Species At Risk Act

Your opinion is being sought to assist the government of Canada in making an informed decision on whether to add any or all of the following 10 aquatic species to the Schedule 1 (the List of Wildlife Species at Risk) of the Species at Risk Act (SARA).
The species include: Blue Whale, Sei Whale, Humpback Whale, Enos Lake Stickleback, Speckled Dace, Salish Sucker, Cultus Lake Sockeye, Interior Fraser Coho, Sakinaw Lake Sockeye, and Bocaccio. Your input on the impacts of adding these species to the List is important.

This workbook has been developed to give you an opportunity to provide Fisheries and Oceans Canada with your feedback, advice, and other comments regarding adding the above mentioned 10 species to Schedule 1 of SARA (Schedule 1 identifies which species are legally protected under SARA).

At the end of this workbook there are a series of questions about SARA and the impacts of legally listing a species, as well as the role you or your community might eventually take in the recovery process. You are encouraged to complete any or all of the questions starting on page 22 and provide any additional comments you feel are relevant. The questions are meant to stimulate discussion; you may have comments that do not fit with any of the questions and you are encouraged to provide those comments as well. Your ideas, knowledge, and advice are important to this process and will help the Government of Canada assess the impacts of adding any or all of these 10 species to the species at risk legal list. Your ideas and views on participation in the recovery planning process will be used to refine our current approach.

The downloadable workbook, additional background information, references and contact information can be found at: http://www-comm.pac.dfompogc.ca/pages/consultations/sara/listings_e.htm. For further information on how to submit your workbook please refer to page 21.

To make sure your comments are considered, please send in your submission by

The Species at Risk Act (SARA) was created to ensure the survival of wildlife species and the protection of our natural heritage. It requires Canada to provide for the recovery of species at risk due to human activity, and to manage species of special concern to make sure they don't become endangered or threatened. It provides for the protection not only of species, but of their residences and critical habitat.

Environment Canada is responsible for implementing SARA as a whole, but Fisheries and Oceans Canada has responsibility for aquatic species at risk. Obviously no single organization or entity can be responsible on its own for ensuring the survival of species. The federal, provincial, and territorial governments; Aboriginal peoples; wildlife management boards; non-governmental organizations; landowners; resource users; and individuals across Canada must all work together. In fact, the Act was designed to encourage such cooperation.

The following section discusses some key issues related to SARA.

More about the Act can be found at the Species at Risk website: www.speciesatrisk.gc.ca

The Committee on the Status of Endangered Wildlife in Canada (COSEWIC) is the body designated to assess the status of wildlife species in Canada. Based on the information found in a status report, COSEWIC classifies the species as being extinct,
extirpated, endangered, threatened, of special concern, data deficient, or not at risk (the glossary at the end of this document explains these categories). COSEWIC's Species Specialist Subcommittees (SSC) provide expertise on particular groups of
plants and animals and make recommendations as to the appropriate status designation of a species to the entire Committee.

Members of COSEWIC do not formally represent the agency, group, or region from which they are drawn. They are appointed on the basis of their expertise, and will, to the best of their ability, provide independent and impartial scientific advice and recommendations.

COSEWIC assesses the biological status of a species using the best available information. It reviews research, considers community and Aboriginal traditional knowledge, and applies strict assessment criteria based on those developed by the International Union for the Conservation of Nature. COSEWIC sends its assessment of the species to the Minister of the Environment to initiate the legal listing process.

More information about COSEWIC can be found on its website: www.cosewic.gc.ca

A species is not protected under SARA unless it is legally listed, which means included in the List of Wildlife Species at Risk (Schedule 1 of the Act). Following receipt of COSEWIC assessments, the federal government must do one of the following:

  1. Accept the assessment and add the species to the List,
  2. Decide not to add the species to the List, or
  3. Refer the current assessment back to COSEWIC for further information or consideration.

The decision on whether to add the species to the list takes into account the COSEWIC assessment and other factors such as potential social and economic impacts of the listing.

Once a species is legally listed as extirpated, endangered, or threatened, specific protection measures come into effect barring any harmful actions against the species and their residences. In addition, a recovery process must be initiated.

Once species are legally listed as extirpated, endangered or threatened, automatic prohibitions will apply. These provisions will be in effect from June 2004 for species currently on Schedule 1. Under SARA there are general prohibitions against killing,
harming, taking, possessing, capturing, and collecting legally listed species and against damaging or destroying their residences. The Act defines residences as: a dwelling-place, such as a den, nest or other similar area or place, that is occupied or habitually occupied by one or more individuals during all or part of their life cycles, including breeding, rearing, staging, wintering, feeding or hibernating. There will be a need to define more explicitly what a residence is in the case of aquatic species, and to determine whether the term applies to each species.

Prohibitions apply to migratory birds and aquatic species, as well as species found on federal lands in Canada's exclusive economic zone and in continental shelf areas. In certain cases prohibitions may apply to provincial and territorial lands.

The recovery process is designed to improve the status of species at risk. There are two parts to the recovery planning process: the development of a recovery strategy, which identifies threats to the species and describes recovery objectives for that species, and the development of an action plan, which describes activities to be carried out to promote the recovery of the species. Action plans are the method used to implement the recovery strategies. Most often, recovery teams are formed to
develop a recovery strategy using the information gathered by COSEWIC. Recovery planning is a continuous process -- recovery strategies must be updated every five years until the species is considered recovered.

Recovery strategies and action plans will, to the extent possible, identify the species' critical habitat, examples of activities that are likely to result in itsdestruction, and measures that are proposed to be taken to protect it. Where available information is inadequate, a schedule of studies will be included with the objective of identifying the species' critical habitat. Once critical habitat of a listedendangered or threatened species has been identified in a recovery strategy or action plan, destroying any part of it will be prohibited.

For species currently listed in Schedule 1, a recovery strategy will have to be developed within three years of the Act coming into force for endangered species, and within four years for extirpated or threatened species. For these 10 species and in the future, the timeline for recovery strategies will be one year from the time of legal listing for endangered species and two years for species listed as extirpated or threatened.

The SARA Public Registry is a comprehensive source of information relating to matters under the Act that allows for timely access to public documents relating to the administration of SARA. It is a key instrument in fulfilling thegovernment'scommitment to encourage public participation in environmental decision-making. The Public Registry can be accessed through the web at: www.sararegistry.gc.ca.

The Registry will include documents such as regulations, orders, agreements, guidelines, standards, and codes of practice. In addition, it will provide species assessments and status reports, recovery strategies, action plans, and management plans for the recovery of wildlife species.

Anyone may provide written comments on a proposed recovery strategy, action plan, or management plan for a wildlife species. The general public has 60 days after the
strategy or plan is posted on the Registry to provide feedback.

The rest of this workbook is structured to provide you with specific information on each of the 10 designated species. Information is provided on COSEWIC status, distribution and biology, reason for designation by COSEWIC, potential management measures, and impacts. For the full status report for each species, including the threats and limiting factors, please visit: www.sararegistry.gc.ca.

In discussing impacts associated with legally listing a species it is important to note that these impacts flow from management actions that are implemented to:

In general, management actions implemented to comply with automatic prohibition are immediate, while those implemented to achieve the recovery plan objectives are longer term. A recovery plan will likely expand the initial management measures taken to protect the species and its critical habitat. Any additional or expanded measures will only be implemented after further consultations.

Where the species is found and biology:

The blue whale is the largest animal on earth. Blue whales are a rare sight in BC waters, usually travelling alone or in small
groups and prefering the open ocean. The three main populations recognized are: the north Atlantic, north Pacific,
and southern hemisphere. Distribution is not continuous across the range. Blue whales lactate for seven months during
which the calf will grow at a rate of about 180 pounds per day to nearly 25 tons.

COSEWIC Reason for Designation:

Blue whales off the coast of British Columbia are likely part of a population based in the north eastern Pacific. The population was reduced by whaling. The rarity of sightings (visual and acoustic) suggests their numbers are currently very low (significantly less than 250 mature individuals). Threats for blue whales along the coast of B.C. are unknown, but may include ship strikes, pollution, entanglement in fishing gear, and long-term changes in climate (which could affect the abundance of their zooplankton prey).

Possible Protective Measures and Impacts:

There are currently no planned measures as a result of automatic prohibitions. However, over the longer term, recovery planning may result in management measures that impact on individuals, businesses, and governments.

Examples of potential protective measures may include:

It should be noted that management measures will be developed through the recovery planning process, and implemented after further consultation.

Where the species is found and biology:

In British Columbia sei whales rarely come near the coast, but are sometimes found alone or in small groups offshore.
Migrations are poorly known and probably quite irregular. Sei whales mature to about 20 tons and are known to eat 220-440
pounds of food per day. Sei whales lactate from four to six months.

COSEWIC Reason for Designation:

This was one of the most abundant species sought by whalers off the B.C. coast (with over 4,000 individuals killed) and was
also commonly taken in other areas of the eastern North Pacific. Sei whales have not been reported in B.C. since whaling ended and may now be gone. There are few, if any, mature individuals remaining in B.C. waters; and there is clear evidence of a dramatic decline caused by whaling and no sign of recovery.

Possible Protective Measures and Impacts:

There are currently no planned measures as a result of automatic prohibitions. However, over the longer term, recovery planning may result in management measures that impact on individuals, businesses, and governments.

Examples of potential protective measures may include:

It should be noted that management measures will be developed through the recovery planning process and implemented after further consultation.

Where the species is found and biology:

Humpback Whales generally follow the coastlines and take advantage of seasonal currents during their migrations. In the
north Pacific, they spend the summer in Alaska and the winter in Hawaii, migrating through Canadian waters twice a year.
Humpback Whales reach sexual maturity at nine years of age. A female normally gives birth to one calf every two years
sometime between January and April.

COSEWIC Reason for Designation:

Heavily reduced by whaling, the North Pacific population seems to have regrown over the last decades, and anecdotal information from British Columbia suggests that numbers are increasing. However, there is considerable population
segregation, and the number of animals that use B.C. waters is probably in the low hundreds. The high-level of feeding
ground fidelity suggests that if animals are exterminated from a particular area it is unlikely that the area will be rapidly
repopulated from other areas. Two extirpated B.C. populations have shown no sign of rescue. Humpbacks are
occasionally entangled in fishing gear in B.C., though the number entangled is not thought to threaten or limit the
population. In summary, humpback whales in B.C. appear to be well below historical numbers and have not returned.

Potential Protective Measures and Impacts:

It should be noted that management measures will be developed through the recovery planning process and implemented after further consultation.

Where the species is found and biology:

The Enos Lake species pair, which received the bulk of early scientific investigation, may have collapsed to a single hybrid
population. Stickleback species pairs are restricted to lakes with very specific physical and biological characteristics. The
lakes are small, at low elevation, and have highly productive benthic and pelagic areas. Climate is characterised by hot dry
summers and cool wet winters.

COSEWIC Reason for Designation:

These fish are restricted to a single, small lake on Vancouver Island and are experiencing severe decline in numbers due to
deteriorating habitat quality and the introduction of exotics.

Potential Protective Measures and Impacts:

There are currently no planned measures as a result of automatic prohibitions. However, over the longer term, recovery planning may result in management measures and identification of critical habitat that may impact individuals, businesses, and governments.

Examples of potential protective measures may include:

In British Columbia, speckled dace occur at elevations below 985 m and are restricted to a 112 km section of the Kettle and
Granby Rivers (part of the Columbia River system). Speckled Dace prefer stony habitat where there are hiding spaces
between stones washed by moderate current. The few adults taken from B.C. were found under larger stones or
overhanging banks where the current was moderate. The details of the species' reproductive behaviour are unknown.

Speckled Dace have a very restricted Canadian range where they are subject to deteriorating water quality as a result of
urban and industrial development, as well as to loss of preferred habitat and fragmentation due to construction of a proposed dam.

There are currently no planned measures as a result of automatic prohibitions. However, over the longer term, recovery planning may result in management measures and identification of critical habitat that may impact individuals, businesses, and governments.

It should be noted that management measures will be developed through the recovery planning process and implemented after further consultation.

In British Columbia the Salish Sucker is found in the headwaters of small streams. The population is restricted to the southwest part of the province. Salish Suckers spawn in the early spring in areas of fine gravel.

The Salish Sucker has a very restricted Canadian range within which populations are in decline as a result of habitat loss and
degradation resulting from urban, agriculture, and industrial development.

There are currently no planned measures as a result of automatic prohibitions. However, over the longer term, recovery planning may result in management measures and identification of critical habitat that may impact individuals, businesses, and governments.

It should be noted that management measures will be developed through the recovery planning process and implemented after further consultation.

Where the species is found and biology:

Cultus Lake (6.3 kmĀ²) is located in south west British Columbia in the eastern Fraser Valley, 112 km upstream from the Strait
of Georgia. Cultus sockeye spawn from late November through December and are the latest population to spawn in the Fraser
watershed. They spawn exclusively in the lake and mature predominantly in their fourth year after two years in freshwater and two years in the ocean. They exhibit a fouryear abundance pattern typified by a strong dominant cycle (2003), a moderate sub-dominant cycle (2002), and two numerically weak cycles (1999 and 2000)

COSEWIC Reason for Designation:

The Cultus population has unique genetic and biological characteristics (migratory delay of adults at the Fraser estuary, protracted lake residency before spawning, exclusive lake spawning, late spawning date, deepwater life of fry). The lack of success with previous attempts to transplant sockeye to Cultus Lake and other lakes suggests that Cultus sockeye are irreplaceable. The Cultus population has collapsed primarily due to overexploitation, including directed and incidental catches in mixed-stock fisheries, at levels above those that can be sustained. An additional key source of impact on spawning adults since 1995 has been very high prespawn mortality associated with unusually early migration into freshwater and with Parvicapsula parasite infestation. There are also ecological impacts to the lake habitat from colonization by Eurasian Watermilfoil, land development, stream channelization, nutrient input, and recreational use. Under present conditions, there is a high probability of extinction of the Cultus sockeye.

Potential Protective Measures and Impacts:

Stakeholders may be impacted from compliance with automatic prohibitions, development, and implementation of a recovery plan, and the identification of critical habitat.

Examples of potential measures to comply with automatic prohibitions and recovery planning objectives may include:

These broad ranges of measures have the potential to impact First Nations food, social, and ceremonial fisheries, southern
commercial troll, seine and gillnet fisheries, recreational fisheries, other interest groups, and other industries.

It should be noted that management measures will be developed through the recovery planning process and implemented after further consultation.

The interior Fraser River watershed includes those coho systems within the Fraser River watershed upstream of the Fraser River canyon. Coho salmon are prevalent within the Thompson River, the largest watershed within the Fraser River system, but their distribution in non-Thompson Fraser systems is not well-known. Coho salmon return to the interior Fraser watershed during fall and spawn during fall and early winter. All fish die after spawning. Interior Fraser coho spend 18 months at sea before returning to freshwater and therefore have a 3-year life cycle.

A nationally significant population that has experienced declines in excess of 60% in number of individuals due to changes in freshwater and marine habitats, and to overexploitation. COSEWIC was concerned that reductions in fishing pressure may be insufficient or not maintained, that marine survivorship may not improve, that habitat loss or deterioration in the watershed continues, and that use of hatcheries threatens recovery. COSEWIC concluded that there is a serious risk of extinction of Interior Fraser Coho.

Developing and implementing a recovery plan could lead to implementation of additional management measures and the identification and protection of critical habitat.

These broad ranges of measures have the potential to impact First Nations food, social, and ceremonial fisheries, southern
commercial troll, seine and gillnet fisheries, recreational fisheries, other interest groups, and other industries.

It should be noted that management measures will be developed through the recovery planning process and implemented after further consultation.

Sakinaw Lake or "Sauchenauch" Lake is located on the Sechelt Peninsula in DFO management Area 16. It is the largest lake on the Sechelt Peninsula. Sakinaw sockeye salmon mature and spawn mainly at age four. Most juveniles rear for one year in alake before migrating to sea

The Sakinaw population has unique genetic and biological characteristics (early river-entry timing, protracted lake residency before spawning, small adult size, low fecundity, large smolts). The lack of success with previous attempts to transplant sockeye to Sakinaw Lake and other lakes suggests that Sakinaw sockeye are irreplaceable. The Sakinaw population has collapsed primarily due to overexploitation, including directed and incidental catches in mixed-stock fisheries, at levels above those that can be sustained. In addition, water flow and water level have at times been insufficient to allow adult fish to enter the lake. There are also ecological impacts on the lake habitat from logging, residential development, and water usage. Because very few fish remain, the population is at high risk of extinction from even minor impacts from fishing, poaching, impediments to spawning migration, predation, habitat degradation, and water usage.

Stakeholders may be impacted from compliance with automatic prohibitions, development and implementation of a recovery plan, and the identification of critical habitat.

Examples of potential measures to comply with automatic prohibitions and recovery planning objectives may include:

These broad ranges of measures have the potential to impact First Nations food, social, and ceremonial fisheries, southern commercial troll, seine and gillnet fisheries, recreational fisheries, other interest groups, and other industries.

It should be noted that management measures will be developed through the recovery planning process and implemented after further consultation.

Bocaccio are found in coastal waters of the eastern Pacific Ocean. Most (British Columbia) catches come from the outer Pacific Coast, with the largest catches coming from the northwest end of Vancouver Island and Queen Charlotte Sound. Bocaccio have physoclistic swim bladders that can not rapidly accommodate the sudden change in pressure as they are brought to the surface. As a result they will die when captured from waters deeper than 20-30m.

A combination of low recruitment and impact by harvest has resulted in severe declines and low spawning abundance of
this Canadian species. Although Bocaccio meets the criteria for greater than 50% decline in the population to give it anEndangered designation, the sampling was limited to the southern part of the range and therefore was listed as Threatened which is greater than 30% decline in population.

Stakeholders may be impacted from compliance with automatic prohibitions, development and implementation of a recovery plan, and the identification of critical habitat.

Examples of potential measures to comply with automatic prohibitions and recovery planning objectives may include:

Recovery planning will more specifically expand on measures taken to protect bocaccio from harm in general and to protect its critical habitat. Recent reviews of fishery interceptions indicate that the majority of bocaccio are taken in the groundfish trawl and hook and line fisheries; therefore a focus will be on developing protective strategies in those fisheries. However, given the widespread distribution of this species throughout coastal B.C., many fisheries infrequently encounter bocaccio and strategies for these may be required to ensure recovery of the species.

These broad ranges of measures have the potential to impact First Nations food, social, and ceremonial fisheries, commercial groundfish trawl, groundfish hook and line, recreational fisheries, other interest groups, and other industries.

It should be noted that management measures will be developed through the recovery planning process and implemented after further consultation.

If you have questions about the Species at Risk Act or the consultation process, or would like to submit a workbook please feel free to contact us.

Mail:
Fisheries and Oceans Canada
Attn: Species at Risk Consultations
200 - 401 Burrard Street
Vancouver, BC
V6C 3S4

Tel: (604) 666-2792
E-mail: rca@pac.dfo-mpo.gc.ca
In Person: Any Fisheries and Oceans Office

The government's decision on whether or not to list the species will be based on a full description and understanding of the costs and benefits of the impacts of protection and recovery on individuals, organizations, First Nations, industries, and Canadian society in general.

Please consider the questions provided below, and provide a response to any or all of the questions that interest you. It is important that you indicate which species your comments are intended for. Additional briefs can be appended to this workbook.

The following are the four options available for submitting the workbook:

Workbooks must be submitted by Wednesday March 31, 2004.

Name:
Affiliation:
Species of Interest:

Please send us your comments by Wednesday March 31, 2004

Thank you

A document that sets out specific ways to put a recovery strategy into effect.

Aquatic species: All 'fish' including:

The Minister of Fisheries and Oceans is the competent minister for listed aquatic species. The Minister of Canadian Heritage (Parks Canada Agency) is the competent minister for listed species found in national parks, national historic sites, and other national protected heritage areas. The Minister of the Environment is the competent minister for all other listed species and for the overall administration of the law.

Habitat that is necessary for the survival or recovery of a listed wildlife species and that is identified as the species' critical habitat in the recovery or in an action plan for the species

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

Wildlife species that is facing imminent extirpation or extinction

Wildlife species that no longer exist in the wild in Canada, but exist elsewhere in the wild

A document prepared by the competent minister in cooperation and consultation with other governments, wildlife management boards, Aboriginal organizations, landowners, and others who are likely to be affected by the strategy. It identifies the population goal and objectives, and broad recovery approaches to abate threats.

Wildlife species that may become a threatened or endangered species because of a combination of biological characteristics and identified threats.

Wildlife species that is likely to become an endangered species if nothing is done to reverse the factors leading to its extirpation or extinction.

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