Species at Risk | Legal Protection

Different ranking systems are used to classify species at risk at the international, national, or provincial level. Legislation that protects species at risk is often associated with an advisory committee of qualified scientists (such as COSEWIC in Canada or the CDC in BC).

Committees provide science-based evaluations of species and determine likelihood of extinction while governments interpret the data to create or adjust management plans.

The Western Yellow-bellied Racer is listed as threatened under Schedule 1 of SARA.

• Within Canada
• Within BC
• International

• • As a signatory of CITES, Canada created the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act.
  • Other acts that play a role in the protection of endangered or at-risk species in Canada include The Fisheries Act (1985), and the Migratory Birds Convention Act (1994).
  • The federal Species at Risk Act (2002), is the primary piece of legislation that offers legal protection for populations at risk in Canada. The sections below will take you through the history of how this Act came to be, The Listing Process, the associated Prohibitions, and some of the Jurisdictional Responsibilities.
  
  

  • Why a Species at Risk Act?

    Because Canadians Care…

    The federal government enacted the Species at Risk Act in 2002. This helped to fulfill Canada’s obligations under the United Nations Convention on Biological Diversity, which Prime Minister Brian Mulroney signed at the 1992 Earth Summit in Rio de Janeiro. SARA also fulfilled some requirements of the National Accord for the Protection of Species at Risk, signed with the provinces in 1996. All of these initiatives, however, were driven by consistently high levels of public concern for threatened and endangered species.

    Polls at the time showed that:

    • 76% of Canadians felt that governments should do more to protect endangered species⁵.
    • 88% of Canadians supported legislation to protect the habitat of endangered species⁵.
    • Over 90% of Canadians supported endangered species protection⁶.

    More recently, a UBC researcher published the British Columbia Species at Risk Public Opinion Survey to advise the provincial government on British Columbians’ views on managing species at risk within BC⁷. This study, along with the growing number of ENGOs and citizen groups taking action, demonstrate that Canadians are still quite concerned with the loss of species.

    Some key results from this study were:

    • 86.2% of respondents supported protection for species at risk in BC⁷.
    • 83.7% of respondents supported recovery of species at risk⁷.
    • More than three quarters of British Columbians are concerned about the loss and extinction of animal and plant species⁷.

  
  

  • Purpose and Approach

    The Purposes of the Species at Risk Act (SARA) are:

    • To prevent Canadian indigenous species, subspecies, and distinct populations of wildlife from becoming extirpated or extinct;
    • To provide for the recovery of species that are extirpated, endangered or threatened as a result of human activity; and
    • To manage species of special concern to prevent them from becoming endangered or threatened.

    The Act:

    • Establishes the process for legally listing species;
    • Prohibits activities that harm extirpated, threatened and endangered species, their residences, and their critical habitat;
    • Requires the preparation of recovery strategies and action plans for extirpated, threatened and endangered species;
    • Requires the preparation of management plans for species of special concern; and
    • Establishes a web-based public registry to report on activities and provide a forum for public consultations on SARA and related documents.

    

    Apple moss (Bartramia stricta) is Red-listed in BC and is endangered under SARA. It grows at low elevations on rocky slopes of Vancouver Island. Most of its suitable habitat has been lost to urban development.
    Photo: A. Hale

    The SARA approach is:

    • To use the ‘best available knowledge’ in recovery planning;
    • To avoid delay of recovery actions for reasons of scientific uncertainty;
    • To support stewardship activities contributing to the conservation of species and their habitats;
    • To collaborate with provinces, territories, other federal departments, local governments, Indigenous peoples and other groups;
    • To recognize that compensation may be needed if an extraordinary impact occurs as a result of the application of critical habitat prohibitions.

  
  

  • The Listing Process

    The Committee on the Status of Endangered Wildlife in Canada (COSEWIC) is an independent advisory panel made up of expert wildlife biologists. It was created in 1977, but was established as the primary advisory body to SARA and the federal government in 2003. COSEWIC researches and reports on all the flora and fauna within their mandate then assigns yearly risk categories according to the status of current populations. COSEWIC’s assessments are strictly science-based and do not take economic, political, or social factors into account. The assessments are forwarded to the federal Minister of Environment and posted on the public registry.

    First Stage: COSEWIC assesses the species and assigns it to a status category.

    Potential categories are:

    • Extinct: a wildlife species that no longer exists.
    • Extirpated: a wildlife species no longer exists in the wild in Canada but occurs elsewhere.
    • Endangered: a wildlife species facing imminent extirpation or extinction.
    • Threatened: a wildlife species likely to become endangered if limiting factors are not reversed.
    • Special Concern: a wildlife species that may become a threatened or an endangered species because of a combination of biological characteristics and identified threats.
    • Data Deficient: available information is insufficient (a) to resolve a wildlife species’ eligibility for assessment or (b) to permit an assessment of the risk of extinction.
    • Not at Risk: a wildlife species that has been evaluated and found to be not at risk of extinction given the current circumstances.

    

    The Flammulated Owl (Psiloscops flammeolus) is Blue-listed in BC and is listed as special concern under SARA. They breed in BC and overwinter further south in their range. Major threats include changes to their habitat including clear cut-logging, fire suppression, and livestock grazing.
    Photo: D. Cannings

    Second Stage: The federal Cabinet determines the species’ legal status.

    • The Minister of Environment must post a statement on the SARA Public Registry within 90 days, describing how he or she intends to respond to COSEWIC’s assessment.
    • Within nine months, the federal Cabinet must either
      • change the legal (SARA) list to reflect COSEWIC’s assessment,
      • decide not to add the species to the list, or
      • refer the matter back to COSEWIC for further consideration.
    • If the species is not listed in accordance with COSEWIC’s assessment, reasons must be posted on the Public Registry.
    • Failure to meet the deadline results in the legal list being amended to reflect COSEWIC’s assessment.

    A species placed on the Schedule 1 list after the SARA listing process is considered officially at risk in Canada, and is legally entitled to protection and recovery measures. Schedule 1 includes species that are extirpated, endangered, threatened, or of special concern. Schedules 2 and 3 of SARA include species assessed as at risk that need to be reassessed by new criteria. These species will only gain protection measures if/when they are placed under Schedule 1.

    The Prohibitions section below details some of the legal protections that apply to species listed by SARA.

  
  

  • Prohibitions

    SARA prohibitions apply to all species on federal lands and all species covered by the federal Fisheries Act and the Migratory Bird Convention Act wherever they occur.

    

    The Yellow-Breasted Chat is red-listed in BC and listed as endangered under SARA, with fewer than 50 pairs estimated in 2001. It mainly breeds in the Okanagan and Similkameen Valleys, and flies south for the winter. Photo: G. Schelter

    Species under provincial jurisdiction are protected by the BC Wildlife Act, though only four species are officially designated as threatened or endangered within the Act. Federal Cabinet may create an order extending SARA‘s powers if a species is insufficiently protected by provincial laws. The BC government’s website has further information about provincial protections for species at risk.

    It is prohibited under the SARA to:

    • Kill, harm, harass, capture or take individuals of extirpated, endangered or threatened species.
    • Possess, collect, buy, sell or trade individuals or parts of them.
    • Damage or destroy an individual’s residence.
    • Destroy any part of the species’ legally identified critical habitat.

    

    Pacific Rim National Park.
    Photo: K.M. Klerks

    Permits to conduct activities that affect species at risk may be issued:

    • Only if the species’ survival or recovery will not be jeopardized,
    • For scientific research relating to the conservation of the species,
    • For activities that will benefit the species, and
    • For activities that have only an incidental effect on the species.

  
  

  • Jurisdictional Responsibilities

    Jurisdiction over the ‘environment’ and ‘species at risk’, is divided between the federal and provincial governments in ways that may seem strange. This is because the division of powers was established long before these concepts existed, in the British North America Act of 1867 (later the Canadian Constitution).

    The Federal Government:

    • Has jurisdiction over all SARA-listed species on federally-owned lands such as national parks and Department of National Defense Lands and over First Nations Reserve land.
    • Has jurisdiction over migratory birds wherever they occur. This stems from its constitutional responsibilities for issues with international or inter-provincial dimensions.
    • Has jurisdiction over aquatic species wherever they occur, due to its constitutional responsibilities for fisheries.

    

    The Northern Rubber Boa (Charina bottae) is Canada’s only native member of the Family Boidae, and can be found in southern BC. It is listed as Special Concern under SARA. Main threats to this animal include forest fragmentation and urban development.
    Photo: J. Lidbeck.

    The Provincial Government:

    • Has jurisdiction over all other SARA-listed species.
    • Must protect listed species to at least SARA standards or the Federal Government may extend its jurisdiction and apply SARA through its ‘Safety Net’ provisions, though it has never done so⁸.

    Local Governments:

    • Are creations of the Province, and can expect to be required to protect species at risk to provincial standards, which must in turn meet SARA standards.
    • Are authorized by British Columbia’s Community Charter to regulate for the ‘protection of the natural environment’.
    • Have been delegated jurisdiction by the Province over most private land uses, water use, and waste management. These are among the most important human activities influencing species at risk conservation and recovery.

    

    The Brook Spike Primrose (Epilobium torreyi) is native to Garry oak ecosystems, but is Red-listed and is believed to be extirpated in BC. The plant’s main threats are invasive plants, habitat loss to development, and human disturbance. Photo: N. Jensen

    SARA and Indigenous Peoples

    • SARA explicitly acknowledges the knowledge and experience of Indigenous peoples with respect to Species at Risk and requires that Aboriginal Traditional Knowledge be considered with COSEWIC
    • The Aboriginal Fund for Species at Risk is intended to support species recovery and conservation projects.
    • SARA requires cooperation and consultation with Indigenous peoples affected by a recovery strategy, action plan, management plant or by critical habitat protection. This is key to effective implementation on reserve lands, land claims settlement regions, and where traditional harvesting activities are carried out.
    • The National Aboriginal Council on Species at Risk (NACOSAR) advises the Minister on the administration of SARA.

  
  

• • The Species at Risk Act directly confers some provincial responsibilities (see Jurisdictional Responsibilities).
  • The Wildlife Act protects most endangered or threatened vertebrates, except for fish. It is overseen by the Minister of the Environment, who is also responsible for some provisions under the Forest Ranges and Practices Act, which defines special wildlife designations. The Identified Wildlife Management Strategy is an initiative that offers protection for some species at risk in the province.
  • Legislation for an Endangered Species law in BC was enacted in 2017, and the law is currently being written (more on that can be found here). Visit the BC government’s website for more information on legislation that deals with endangered species in BC.

  

  The Okanagan population of Chinook Salmon is listed as endangered under SARA.
  Photo: Ernest Keeley.

  Ranking System in BC

  • The Conservation Data Centre (CDC) (created in 1991) maintains a current list of species and ecosystems in the province, giving each a conservation status ranking. They provide maps of known locations of endangered species.
  • The CDC uses the US Nature Conservancy ranking system, which includes an international and local designation. These ranks then determine which species are included in BC’s list system.
  • Species are Red-listed when they have a designation of ‘threatened’ or ‘endangered’ provincially. Species are Blue-listed when they are vulnerable or ‘at risk.’

• • Canada is a member of the UN Convention on Biological Diversity, which lists conservation of biological diversity as one of its main objectives. Member states commit to “[p]romote the protection of ecosystems, natural habitats, and the maintenance of viable populations of species in natural surroundings” (Article 8, (d)).
  • The International Union for the Conservation of Nature (IUCN) maintains the most comprehensive global list of species at risk: The IUCN Red List of Threatened Species (http://www.iucnredlist.org/). A species’ designation on the Red List does not provide any legal protection – that protection must be determined by individual governments.
  • The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was formed in the 1960s. CITES monitors and controls the international trade of species at risk with a focus on illegal hunters and poachers.

References

5. Decima Research. (1999). Canada’s Plan for Protecting Species at Risk. Environment Canada. Available at http://publications.gc.ca/collections/Collection/En21-203-1999E.pdf.
6. Pollara Polsters. (2001).
7. Harshaw, H.W. (2008). British Columbia Species at Risk Public Opinion Survey 2008: Final technical report. Vancouver, BC: University of British Columbia Collaborative for Advanced Landscape Planning. Available at http://www.sccp.ca/sites/default/files/species-habitat/documents/BC-SaR-POS_Final-Technical-Report_08-06-24.pdf.
8. Pojar, J. (2010). A New Climate for Conservation: Nature, Carbon and Climate Change. West Coast Environmental Law. Vancouver, BC. Available at https://www.wcel.org/publication/new-climate-conservation-nature-carbon-and-climate-change-british-columbia-full-report