This Web page has been archived on the Web.

Species at Risk Act

3 MEASURES TO PROTECT LISTED SPECIES

3.1 Background

The protections that come into effect following the addition of a species to Schedule 1 of SARA vary depending on the type of species, the risk category in which the species is listed, and where the species occurs in Canada.

Sections 32 and 33 of SARA make it an offence to:

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

These prohibitions apply automatically to listed aquatic species and birds covered by the Migratory Birds Convention Act, 1994 wherever they are found in Canada, and to all other listed species when they occur on federal lands*.

For species other than in situations described above, provinces and territories are given the first opportunity to protect listed species. If the province or territory does not act, the Governor in Council, on the recommendation of the Minister of the Environment, may order that the prohibitions in sections 32 and 33 apply for a given species on non-federal lands in a province or territory, or on lands not controlled by Environment Canada or the Parks Canada Agency in a territory. The Minister must make this recommendation if, after consultation with the provincial or territorial minister, he or she finds that the species or its residence** is not effectively protected by the laws of the province or territory.

* Under SARA, the definition of federal land includes, but is not limited to, Canada's oceans and waterways, national parks, military training areas, national wildlife areas, some migratory bird sanctuaries, and First Nations reserve lands.

** "Residence" means 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.

Protecting the Right Whale in the North-Atlantic Ocean The North Atlantic Right Whale is one of the world’s most endangered large whales. Named the ‘right’ whale by whalers because it is slow-moving and easy to catch, this whale was nearly hunted to extinction by the late 1800s. Today, only about 350 North Atlantic right whales exist.  Although prohibition on hunting has been in place for almost 70 years, accidental deaths from collisions with ships and entanglements in fishing gear are the main causes of adult mortality, which threaten to drive this species to extinction. The Right Whale Recovery Team identified the high-vessel area of the Roseway Basin, located approximately 20 nautical miles south of Cape Sable Island, Nova Scotia, as one of only two known areas where large numbers of North Atlantic Right Whales gather on a seasonal basis in Canadian waters. They recommended it become an “area to be avoided” by large ships during the right whale’s feeding season. In 2007, the International Maritime Organization adopted this recommendation and large ships will avoid this area between June 1 and December 31 each year.  The Roseway Basin initiative was implemented following consultations with the shipping community, whale biologists (including the Canadian Whale Institute), environmental groups and government agencies.  The adoption of the Roseway Basin as an area to be avoided was deemed to be the most effective approach to reduce ship/whale collisions, while maintaining safe and efficient marine operations.

3.2 Regulations and Emergency Orders

SARA allows for emergency listings of species on Schedule 1 when the Minister deems that there exists an imminent threat to the survival of a wildlife species and, in such a case, addition of the species would be conducted via Ministerial recommendations to the Governor in Council. 

On May 17, 2007, the Governor General in Council, having considered the recommendation of the Minister of the Environment, made pursuant to subsection 29(1) of the Act, and social, economic and other factors, declined to list, on an emergency basis, the sockeye salmon (Sakinaw Lake population), as an endangered species.

3.3 Permits and Agreements

Sections 73 to 78 of SARA address agreements, permits, licences, orders and other documents that authorize activities that would otherwise be an offence under the Act. If all reasonable alternatives have been considered, all feasible measures will be taken to minimize the impact of the activity, and the survival or recovery of the species will not be jeopardized, agreements may be made and permits may be issued for the following activities:

• research relating to conserving a listed species that is conducted by qualified scientists;
• activities that benefit a listed species or enhance its chances of survival in the wild; and
• activities that incidentally affect a listed species.

In 2006 and 2007, Environment Canada continued to manage a web-based SARA permit tracking system to allow for more efficient processing and issuing of permits under section 73 of the Act. The department also began developing an updated version that will allow for online completion and submission of permit applications.

Environment Canada issued 43 permits in 2006 and 39 permits in 2007 to allow monitoring, inventory and management of a variety of species of birds, mammals, reptiles, amphibians and plants. Most of the activities were scientific research related to species conservation.

The Parks Canada Agency established an online research permitting system to enhance services to researchers and to ensure that research is efficiently communicated. The system incorporates a mandatory peer review mechanism that ensures that every permitted research activity is SARA compliant. The Parks Canada Agency issued 40 permits in 2006 and 22 permits in 2007 to academic and government researchers, and to Parks Canada scientists for conservation research. Parks Canada also delivered training in research and collection permitting and SARA authorizations to 78 staff in 2006 and 28 staff in 2007. 

In 2006, Fisheries and Oceans Canada issued approximately 9,600 permits for Northern Wolffish and Spotted Wolffish and 5000 permits for Leatherback Seaturtle.  In 2007, 9,600 permits were issued for Northern Wolffish and Spotted Wolffish, and 2 permits were issued for Leatherback Seaturtle. These permits were issued under paragraph 73(2)(c) of SARA to fishers in Atlantic Canada whose activities might cause incidental harm to these listed species. Peer-reviewed assessments determined that the level of harm from by-catch would not jeopardize survival or recovery of these species.  In 2006, Fisheries and Oceans Canada issued a total of 22 scientific permits for work in freshwater and 63 for work in marine areas, under paragraph 73(2)(a) of the Act. In 2007, the department issued 53 scientific permits for freshwater and 51 for research in marine areas. One SARA-compliant Fisheries Act Authorization was also issued in 2007.

Rationales for permits issued under the Act are posted on the Species at Risk Public Registry at www.sararegistry.gc.ca.

No agreements were negotiated during the reporting periods.