Proposed Listing Decisions for aquatic species under the Species at Risk Act

Enabling act(s): Species at Risk Act

Description of the objective

Changes to the List of Wildlife Species at Risk (Schedule 1 or the List) are made by an order of the Governor in Council on the recommendation of the Minister of the Environment. An amendment to the List is considered a regulation within the meaning of the Statutory Instruments Act. Before making the recommendation, the Minister of the Environment must consult the competent minister or ministers for the species. The Minister of Fisheries and Oceans is the competent minister for aquatic species, other than individuals in or on federal lands administered by the Parks Canada Agency. To that end, DFO prepares listing advice for the Minister of Fisheries and Oceans to provide to the Minister of the Environment for her consideration in making listing recommendations to the Governor in Council with respect to aquatic species.

Aquatic species listed on Schedule 1 as extirpated, endangered or threatened are, upon being listed, subject to the prohibitions under the Species at Risk Act (SARA) against the killing, harming, harassing, capturing, taking, possessing, collecting, buying, selling or trading of individuals of the listed species. It is also prohibited to damage or destroy the residence of individuals of a species that is listed as endangered or threatened, or that is listed as extirpated if a recovery strategy has recommended the reintroduction of the species into the wild in Canada. There are no prohibitions associated with aquatic species listed as species of special concern. SARA requires that an aquatic species' critical habitat be legally protected within 180 days of its identification in a final recovery strategy or action plan posted on the Species at Risk Public Registry.

This is a recurring process to amend Schedule 1 of SARA, based on the assessments of the Committee on the Status of Endangered Wildlife in Canada (COSEWIC). For species that are not yet on the List, the Governor in Council may, on the recommendation of the Minister of the Environment, add a species to the List, decide not to add a species to the List, or refer the matter back to COSEWIC for further information or consideration. For species already on the List, the Governor in Council may, on the recommendation of the Minister of the Environment, reclassify the species or remove it from the List. Fisheries and Oceans takes into account a variety of factors in forming listing advice, including; science, stakeholder consultations, socio-economic analysis and species management.

Fisheries and Oceans Canada is planning to bring forward three groups of species for listing consideration, during 2019-2021.

An emergency assessment was conducted by COSEWIC with respect to Steelhead Trout, Thompson River population and Chilcotin River population. SARA provides that if the Minister of the Environment is of the opinion that there is an imminent threat to the survival of these species, the Minister must, on an emergency basis, after consultation with every other competent minister, make a recommendation to the Governor in Council that the List be amended to list these species as endangered species.

Indication of business impacts

There may be business impacts. The “One-for-One” Rule and/or Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

Decisions to add or remove species from Schedule 1 are made by the Governor in Council only.

There may be opportunities for regulatory cooperation efforts, for those species at risk that are added to Schedule 1, once the Department commences recovery planning required subsequent to listing.

This initiative is not subject to a specific formal regulatory cooperation work plan

Public consultation opportunities

Thorough and broad consultations are carried in support of the development of listing recommendations. Various documents are published for public comment on the web-based Species at Risk Public Registry. An additional consultation opportunity will be provided during the pre-publication of the proposed listing decisions in Canada Gazette, Part I which will be made during the 2018-2020 planning period.

Further information

Information will be made available on each listing decision being proposed through the Species at Risk Public Registry, after a Governor in Council decision.

Departmental contact

Corina Busby
Operations Manager, Species at Risk, Program Management
Telephone: 613-218-5945
Email: corina.busby@dfo-mpo.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan: 2012