Canada Gazette, Part I, Volume 156, Number 22: Order Amending Schedule 1 to the Species at Risk Act

May 28, 2022

Statutory authority
Species at Risk Act

Sponsoring department
Department of the Environment

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

Biodiversity is rapidly declining worldwide as species become extinct. According to a recent report from an international panel of experts,^{footnote 1} an average of around 25% of species in assessed animal and plant groups are threatened. This suggests that around 1 million species already face extinction, many within decades. Unless measures are undertaken to reduce the intensity of drivers of biodiversity loss, further acceleration in the global rate of species is anticipated which is, according to the report, already at least tens to hundreds of times higher than it has averaged over the past 10 million years. In the same report, the experts have also identified and ranked the five direct drivers of biodiversity loss and degradation with the largest relative global impacts so far. These drivers are, in descending order: changes in land and sea use; direct exploitation of organisms; climate change; pollution and invasive alien species.

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 2} 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 resiliency^{footnote 3} (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 the Canadian 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 4} 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 scale^{footnote 5} or extirpated^{footnote 6} 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 7} 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. In 2003, when SARA was first enacted, 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 January 2022, there are 640 species listed under 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 to be at risk and identify existing and potential threats to the species. COSEWIC members meet twice every year 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 8}

After 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 the consultations on proposed changes to Schedule 1 of SARA.

Subsequent to the consultations and required analysis carried out by departmental officials, 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) may, within nine months of receipt of the assessment, on the recommendation of the Minister,

• (1) add a wildlife species to Schedule 1 of SARA according to COSEWIC’s status assessment;
• (2) not add the wildlife species to Schedule 1; or
• (3) refer the assessment back to COSEWIC for further information or consideration.

If the GIC does not make a decision within nine months of the formal receipt of COSEWIC’s assessment, subsection 27(3) of SARA states that the Minister shall amend Schedule 1 in accordance to the assessment.

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 (e.g. through population decline). 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. Tables 1.1 and 1.2 below summarize the various protections afforded to species at risk listed on Schedule 1 of SARA.

Table 1.1: Summary of protections offered to wildlife species and their residences immediately upon their addition to Schedule 1 of SARA — Application of general prohibitions by type of species and their location

Species status	Species protected by the Migratory Birds Convention Act, 1994	Aquatic species	All other listed species
Special concern	SARA’s general prohibitions do not apply.	SARA’s general prohibitions do not apply.	SARA’s general prohibitions do 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 Minister responsible for the PCA.
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

Table 1.2: Summary of protections offered to wildlife species and their residences immediately upon their addition to Schedule 1 of SARA — General prohibitions

Species status	Protection of individuals (SARA, section 32)	Residence protection (SARA, section 33)
Special concern	SARA’s general prohibitions do not apply.	SARA’s residence protection does not apply.
Threatened, endangered, and extirpated	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.

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 9} 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.

Recovery planning

Listing a species under an endangered, threatened or extirpated status triggers mandatory recovery planning, by the competent minister 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:

• within one year of listing, for endangered species; and
• within two years of listing, for threatened and extirpated species.

For wildlife species for which there has been a determination that recovery is feasible, recovery strategies include:

• the description of the species and its needs;
• the identification of the threats to the survival of the species and threats to its habitat, and a description of the broad strategy to be taken to address those threats;
• the identification of critical habitat (i.e. the habitat necessary for a listed wildlife species’ recovery or survival);
• a schedule of studies to identify critical habitat where available information is inadequate;
• examples of activities that are likely to result in the destruction of critical habitat;
• a statement of the population and distribution objectives for the species (i.e. the number of individuals, populations and/or geographic distribution of the species required to successfully recover the species);
• a general description of the research and management activities needed to meet those objectives; and
• a statement of the time frame for the development of one or more action plans.

Recovery strategies must be prepared in cooperation with:

• appropriate provincial or territorial governments;
• other federal ministers with authority over federal lands where the species is found;
• wildlife management boards authorized by a land claims agreement;
• directly affected Indigenous organizations; and
• any other person or organization that the competent minister considers appropriate.

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:

• the identification of critical habitat, to the extent possible, if not already identified, consistent with the recovery strategy;
• examples of activities likely to destroy critical habitat;
• a statement of the measures that are proposed to protect the critical habitat, including entering into conservation agreements under section 11 of SARA;
• the identification of any portions of critical habitat that have not been protected;
• a statement of the measures that are to be taken to implement the recovery strategy;
• methods to be used to monitor the recovery of the species and its long-term viability;
• an evaluation of the socio-economic costs of the action plan and the benefits from its implementation; and
• any other matters that are prescribed by regulations (if any) put in place under subsection 49(2) of the Act.

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. For migratory birds that are protected under the MBCA, their nests and nest shelters are protected against destruction throughout 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 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. The critical habitat protection under subsection 58(1) of SARA (i.e. prohibiting the destruction of critical habitat) comes into effect automatically 90 days after a description of the critical habitat is published in the Canada Gazette, 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, either:

• (1) make a ministerial order under subsection 58(4) of SARA prohibiting the destruction of the critical habitat; or
• (2) 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. Where the critical habitat of a migratory bird protected by the MBCA is identified in a recovery document and an order or statement explaining how the critical habitat is protected is published, the SARA prohibition against the destruction of critical habitat is broader than the protections offered under the MBCA to individuals, their eggs, nests and nest shelters.

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 10}

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 minister^{footnote 11} for a permit under section 73 of the Act. A permit may be issued if the Minister is of the opinion that:

• the activity is scientific research relating to the conservation of the species and conducted by qualified persons;
• the activity benefits the species or is required to enhance its chance of survival in the wild; or
• affecting the species is incidental to the carrying out of the activity.^{footnote 12, footnote 13}

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

• all reasonable alternatives to the activity that would reduce the impact on the species have been considered, and the best solution has been adopted;
• all feasible measures will be taken to minimize the impact of the activity on the species or its critical habitat or the residences of its individuals; and
• the activity will not jeopardize the survival or recovery of the species.

Section 74 of SARA allows for a competent minister to issue permits under another Act of Parliament (e.g. the CNPA) 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.

For migratory birds protected by the MBCA and SARA, a SARA-compliant MBCA permit may be issued to authorize an activity affecting a listed migratory bird, instead of two separate permits being issued. In order for a single permit to be issued, all conditions set out in paragraphs 73(2) to 73(6.1) of SARA must be met. The permitting option for the particular activity must also be available under the MBCA.

Permits under SARA can be issued if an activity affects the residence of a migratory bird if that residence is not a nest or a nest shelter protected under the MBCA. Permits can also be issued under SARA for activities affecting the protected critical habitat of a listed migratory bird, because critical habitat is not protected under the MBCA.

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 proposed Order Amending Schedule 1 to the Species at Risk Act (the proposed Order) is to help maintain Canada’s biodiversity and support the health 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, it is proposed that the GIC amends the List of Species at Risk (Schedule 1) by adding 12 new species, by reclassifying four others and by removing another from the List.

These species are found across all of Canada. The species in this proposed Order have been grouped together because they required extended consultations or a more in-depth analysis.

Of the 17 species included in the proposed Order,

• 12 are proposed to be listed as endangered, threatened or special concern;
• 2 are proposed to be reclassified from special concern to threatened;
• 2 are proposed to be reclassified from threatened to special concern; and
• 1 would be removed from the list.

These changes can be found in Table 2.1 to Table 2.3 below. A detailed description of each species, their ranges and threats can be found in Annex 1. Additional information on these species can also be found in the COSEWIC status reports.^{footnote 14}

Table 2.1: Species proposed for addition to Schedule 1 of SARA

Taxon	Species	Scientific name	Current status	Proposed status	Range
Birds	Harris’s Sparrow	Zonotrichia querula	None	Special Concern	Alberta, Manitoba, Northwest Territories, Nunavut, Ontario, Saskatchewan
Lichens	Smoker’s Lung Lichen	Lobaria retigera	None	Threatened	British Columbia
Arthropods	Mottled Duskywing (Boreal population)	Erynnis martialis	None	Endangered	Manitoba
Arthropods	Mottled Duskywing (Great Lakes Plains population)	Erynnis martialis	None	Endangered	Ontario, Quebec
Arthropods	Nine-spotted Lady Beetle	Coccinella novemnotata	None	Endangered	Alberta, British Columbia, Manitoba, Ontario, Quebec, Saskatchewan
Arthropods	Oregon Branded Skipper	Hesperia colorado oregonia	None	Endangered	British Columbia
Arthropods	Nuttall’s Sheep Moth	Hemileuca nuttalli	None	Endangered	British Columbia
Molluscs	Striped Whitelip	Webbhelix multilineata	None	Endangered	Ontario
Plants	Downy Yellow False Foxglove	Aureolaria virginica	None	Endangered	Ontario
Plants	Fern-leaved Yellow False Foxglove	Aureolaria pedicularia	None	Threatened	Ontario
Plants	Smooth Yellow False Foxglove	Aureolaria flava	None	Threatened	Ontario
Plants	Silky Beach Pea	Lathyrus littoralis	None	Threatened	British Columbia

Table 2.2: Species proposed for reclassifications in Schedule 1 of SARA

Taxon	Species	Scientific name	Current status	Proposed status	Range
Birds	Common Nighthawk	Chordeiles minor	Threatened	Special concern	Everywhere in Canada
Birds	Olive-sided Flycatcher	Contopus cooperi	Threatened	Special concern	Everywhere in Canada
Plants	Blue Ash	Fraxinus quadrangulata	Special concern	Threatened	Ontario
Reptiles	Western Yellow-bellied Racer	Coluber constrictor mormon	Special concern	Threatened	British Columbia

Table 2.3: Species proposed for delisting from Schedule 1 of SARA

Taxon	Species	Scientific name	Current status	Proposed status	Range
Birds	Peregrine Falcon anatum/tundrius	Falco peregrinus anatum/tundrius	Special concern	Not at risk	Yukon, Northwest Territories, Nunavut, British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick, Nova Scotia, Newfoundland and Labrador

Regulatory development

I. Consultation

Under SARA, the independent scientific assessment of the status of wildlife species conducted by COSEWIC and the decision made by the GIC to afford legal protection by listing a wildlife species under 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. All comments received are considered by the Minister when making listing recommendations to the GIC. Comments are considered in relation to the potential consequences of whether or not a species is included under Schedule 1.

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 publicly posted documents titled Consultation on Amending the List of Species under the Species at Risk Act - Terrestrial Species. These documents were published in January of 2013 (PDF), 2015 (PDF), 2016 (PDF), 2017 (PDF), 2018 (PDF) and 2019 (PDF) for the species included in this proposed 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 3 200 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

Initial consultations with interested stakeholders and members of the public on the proposed amendments to Schedule 1 took place between 2013 and 2019 as described in the table below. Follow-ups were done with interested stakeholders and Indigenous Peoples after those initial consultations:

Table 3: Initial consultations on the proposed amendments

Consultation Period	Species
January to October 2019	Common Nighthawk, Olive-sided Flycatcher and Peregrine Falcon anatum/tundrius
January to May 2019	Downy Yellow False Foxglove, Fern-leaved Yellow False Foxglove, Smooth Yellow False Foxglove, Striped Whitelip and Smoker’s Lung Lichen
January to May 2018	Harris’s Sparrow
January to October 2017	Nine-spotted Lady Beetle, Western Yellow-bellied Racer and Nuttall’s Sheep Moth
December 2015 to May 2016	Blue Ash
January to April 2015	Oregon Branded Skipper
December 2013 to March 2014	Mottled Duskywing (Great Lakes Plains population), Mottled Duskywing (Boreal population) and Silky Beach Pea

In total, the Department received 164 comments^{footnote 15} during these consultations. Comments were received from provinces, territories, ENGOs, individual First Nations, Indigenous organizations, wildlife management boards, industry organizations, hunting associations and individuals. The majority of these supported or did not oppose the modifications to Schedule 1 of SARA. Among the comments received that were specific to the species included in this proposal, 76 comments were supportive, 43 did not oppose and 15 did not support. As for the more general comments received, 14 supported or did not oppose listing all species, one opposed listing all species and one was beyond the scope of the current consultations as it was unrelated to the proposed Schedule 1 amendments. The Department also received 14 additional comments that either acknowledged receipt of the consultation package, indicated a need for additional resources in order to properly address the consultation efforts, or that requested a meeting with the Department.

Among the 15 opposing comments, two opposed the proposed SARA listing of the Smoker’s Lung Lichen (as threatened). The remaining 13 comments opposed modifications to the current SARA status. Among these comments, six opposed down-listing the Common Nighthawk (from threatened to special concern), five opposed down-listing the Olive-sided Flycatcher (from threatened to special concern), and two opposed delisting the Peregrine Falcon anatum/tundrius.

Of all the comments received during the consultation, 86 were from Indigenous peoples, including First Nation governments, Indigenous organizations and wildlife management boards. Among these, the Department received seven comments (detailed below) from five Indigenous communities that specifically opposed some of the proposed amendments, with the remainder either supporting or not opposing. Indigenous respondents also 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.

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 carefully reviews the comments it receives to gain a better understanding of the benefits and costs of amending the List of Wildlife Species at Risk.

Detailed feedback on the proposed amendments

(a) Opposition to the proposed listing of the Smoker’s Lung Lichen

Comments from an industry association

A forest industry representative expressed the opinion that COSEWIC is overestimating the threat by forest industry to the Smoker’s Lung Lichen without considering the benefits of voluntary forest management practices and industry certification standards. The representative also expressed concerns with the amount of data supporting the assessment, especially that a large area of unsuitable habitat was included in the calculation of the species’ Extent of Occurrence (EOO).

Response from the Department

Good forestry practices will lessen the impacts to this wildlife species; however, the overall threat from the forest industry remains a significant concern. Listing the Smoker’s Lung Lichen on Schedule 1 of SARA would provide for its protection on federal lands, which is not guaranteed through voluntary measures and industry standards. As for the EOO calculation, it was undertaken according to standard procedures, which includes the understanding that the EOO may contain unsuitable or unoccupied habitats. The EOO is used as a measure of the risks to the species from threats that are spread across its geographical distribution. The EOO was not used in the status assessment for this species, as its size is well above thresholds. The information used in the assessment provides a clear indication of past declines, an understanding of where the species occurs, and its ongoing threats.

Comments from an Indigenous organization

An Indigenous community from British Columbia was of the opinion that the status should be special concern rather than threatened, although they do not appear to oppose the listing of Smoker’s Lung Lichen as threatened. They indicated that a special concern status would provide opportunities not only to develop a management plan but also to allow for a better understanding of the resilience of the species to forestry practices.

Response from the Department

The species meets the COSEWIC criteria and definition for threatened, based on ongoing and future declines due to extensive threats. A threatened status triggers the development of a recovery strategy, which could include an objective to assess effects of forest harvesting (direct and indirect). Based on the information available in the status report, the COSEWIC status is well supported. The Indigenous government did not provide new information to support a minister’s recommendation that the species be referred back to COSEWIC. However, the information provided in the letter on Smoker’s Lung Lichen will be shared with the recovery team.

(b) Opposition to the proposed reclassification of the Common Nighthawk and Olive-sided Flycatcher

Comments from ENGOs

A detailed report was submitted by a Canadian ENGO regarding the two bird species. With respect to the Common Nighthawk, the ENGO indicated that the status assigned by COSEWIC for this species did not reflect longer-term trends. The organization is concerned that the rate of decline of the species has not considerably slowed in Canada throughout the past decade, and that it has in fact slightly increased in the Saint Lawrence/Lake Ontario and Erie areas in the last few years. Additionally, the organization believes that while the causes for this decline are not well known or studied, they include threats that reduce the numbers of flying insects, such as the use of pesticides and changes in hydrological regimes (temperature and rainfall). Finally, the effects of human activity and climate change on the reduction of both food availability and nesting sites for the species in Canada are causes for concern. As for the Olive-sided Flycatcher, the ENGO’s report acknowledged the slowing of the declines, in view of which they support its down-listing.

Another Canadian ENGO expressed concerns that the proposed species down-listing to special concern would make it difficult, if not impossible, to fill an apparent knowledge gap on the biology of those species, and to properly derive suitable recovery criteria particularly for the Common Nighthawk. They also raised concerns that lowering the protection of these species does not respect SARA’s precautionary principle, and may therefore perpetuate future declines or prevent the recovery of these species. The authors observed that while the rate of decline for both species has slowed, the slower rate of decline does not indicate population stability, or a lowered risk of extinction.

Finally, another Canadian ENGO recommended that the Common Nighthawk keeps its status of threatened due to the species’ unstable rate of decline. Additionally, it is worried that the reliability of the population estimates for this species is low. For the Olive-sided Flycatcher, the same organization recommended that it also keep its status of threatened, as a precautionary principle. The organization is concerned about the species’ unstable rate of decline, as well as its continuing habitat decline. Additionally, they have concerns that forestry development in the north is negatively impacting the species’ mating and reproduction habitat.

Response from the Department

In response to the comments made with respect to the species’ population declines, the Department is of the opinion that improvement in declining trends from the last assessments reflects actual changes in the status of these species. The ENGOs did not provide new scientific information, beyond that which was found in the COSEWIC report. The information used by COSEWIC to determine the status of the Common Nighthawk and Olive-sided Flycatcher met the criteria for special concern and reflects the lowered risk of extinction for these species. With regard to the application of the precautionary principle, it should be noted that assessments were made on the basis of the best available biological information, including scientific, Indigenous and community knowledge. Ecologic variables are always subject to some scientific uncertainty and these uncertainties and associated risks were factored in the assessment criteria of the two species.

Under SARA, the status of special concern requires the preparation of a management plan as per section 65 of SARA, which must include measures for the conservation of the species. Any future management plan would be founded upon the existing recovery strategies and would address any remaining threats that may impact the populations’ size and viability in the long term. The down-listing to special concern would mean that these two birds no longer benefit from SARA’s prohibitions; however, in addition to SARA’s provisions for a management plan under SARA, they would continue to benefit from the protections of the MBCA. Legal protection under the MBCA extends to the nests, eggs, and any part of the bird.

Comments from Indigenous organizations

An Indigenous community from Quebec council indicated that they would not support the down-listing of either the Common Nighthawk or the Olive-sided Flycatcher without a clearer picture of how recovery actions have supported the change in status. They expressed concerns that, with the change in status, both species would no longer benefit from SARA’s protections and that as a result, action plans would no longer be required, even though the populations of both birds continue to decline, albeit at a slower rate. They also indicated they would like to know more about the limited information available on habitat and population abundance, and the implications for the continued use of pesticides detrimental to wild insect and bird populations for these two species. Another Indigenous community from Ontario expressed similar concerns about the down-listing of the Common Nighthawk and believes that, due to a continued decrease in other airborne insectivores, there is still a decline occurring for the species.

Finally, another Indigenous community from British Columbia expressed concerns that the down-listing of the Olive-sided Flycatcher from threatened to special concern would hinder the research they conduct on the species, as they would no longer have access to funding. The Indigenous community suggested that continuing this research and improving our understanding of how habitat factors relate to reproductive success, could help halt population declines. Additionally, it was remarked that down-listing the species implies the goals of the recovery plan had been achieved while they have not been met.

Response from the Department

COSEWIC’s status assessments of the risk of extinction consider any impacts of recovery actions (e.g. through evaluation of population size and trends); however, under SARA, the timing of COSEWIC’s reassessments are independent of the recovery activities. If these species are down-listed to special concern, SARA requires the preparation of a management plan, which must include measures for the conservation of the species. A management plan would be based on work done for the recovery strategy and the work already underway towards the development of the action plans.

While SARA’s prohibitions for threatened and endangered species would no longer apply, these species would continue to be protected under the MBCA. Regarding pesticide use as a threat to insectivorous birds, based on the Pest Management Regulatory Agency’s latest published re-evaluation decisions on multiple neonicotinoids — a class of pesticides —, certain uses of some neonicotinoids were cancelled to address identified risks of adverse effects to the environment. This could reduce the exposure of non-target organisms to these insecticides and may mitigate but not eliminate the threat. It is uncertain what effect the use of other registered insecticides that may be used in lieu of neonicotinoids may have on flying insect abundance. These factors would be considered in the management plan.

Comments from a provincial government

One province opposed the proposed down-listing of the Olive-sided Flycatcher and the Common Nighthawk (from threatened to special concern). The province believes that it has all the legislative and regulatory tools to protect these species and that they should therefore not remain listed under SARA.

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.

(c) Opposition to the proposed delisting of the Peregrine Falcon anatum/tundrius

Comments from Indigenous organizations

A letter received from an Indigenous community from Quebec expressed that they do not support the proposed delisting of Peregrine Falcon, anatum/tundrius, now assessed by COSEWIC as not at risk. They indicated that a clearer picture is needed as to how recovery has supported the change in status.

While pleased that the Peregrine Falcon has been increasing, the authors questioned what measures have been taken to implement the 2017 management plan and whether these measures support the proposed delisting. Particularly for southern populations in urban environments, they noted that only through proactive measures to protect and create nesting sites on urban infrastructure have individuals been able to successfully reproduce and maintain their nesting sites year after year. Additionally, the authors have observed that due to vehicle collisions, many juveniles continue to be lost. They noted that overall survival rates for urban falcons may be lower than expected, and indicated concerns that delisting would adversely affect needed protections and mitigation measures. From a precautionary perspective, they believe a delisting would be premature.

The Indigenous community also had specific concerns regarding pesticide use as a threat to Peregrine Falcon, especially whether pesticides accumulating within the species could cause similar effects to those observed in the past with DDT.

Another Indigenous community from British Columbia expressed concerns about the proposed down-listing of the species. They believe that, due to the importance of the species, it should remain as special concern as a precautionary principle for its conservation.

Response from the Department

The Management plan for the Peregrine Falcon (anatum/tundrius subpopulation) was published in 2017, the same year as the COSEWIC status report. As such, conservation activities included in the management plan did not contribute to the recovery of this wildlife species. However, many activities implemented prior to the publication of the management plan have contributed to its recovery. As highlighted in the 2017 COSEWIC status report, the recovery of this species is a result of reintroductions across much of southern Canada following the ban of organochlorine pesticides (e.g. DDT). Awareness campaigns have also been deployed to avoid nest disturbances in quarries and on rock climbing cliffs.

Regarding the use of pesticides and other pollutants, although some pollutants are still detected in analyzed tissue samples, they do not appear to be affecting the reproductive success at the population level. This interpretation is supported by the consistent strong growth of the overall population, which is known to be a function of healthy productivity of ecosystems.

When a wildlife species is considered to be not at risk, COSEWIC is under no obligation to reassess that species in the future. However, any person may apply to COSEWIC for an assessment of the status of a wildlife species, and an assessment may result from such an application. This species will continue to fall under the jurisdiction of the provinces and territories.

Regarding the application of the precautionary principle, as mentioned above, recommendations from COSEWIC assessments are based on the best available information and knowledge. As such, the scientific uncertainty and associated risks are factored in the assessment criteria.

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 for the proposal. The assessment identified the following implications.

The Department prioritizes the input of wildlife management boards in the decision-making process related to wildlife species listings. Four of the species included in this proposal have been found to occur in areas with modern treaties where wildlife management boards are authorized to perform functions in respect of a wildlife species: the Harris’s Sparrow, the Peregrine Falcon anatum/tundrius, the Olive-sided Flycatcher and the Common Nighthawk. The relevant wildlife management boards were consulted on the amendments proposed for these species according to the processes outlined in their respective land claim agreement. Seven wildlife management boards submitted resolutions in response either supporting the listings or exercising their discretion to not perform their decision-making functions with respect to some species that are not found within the territory covered by the agreements. The remaining wildlife management boards and councils did not submit resolutions.

The Harris’s Sparrow, is being proposed to be listed as special concern. It occurs in modern treaty areas covered by the Nunavut Land Claims Agreement, the Inuvialuit Comprehensive Land Claim Agreement, the Gwich’in Comprehensive Land Claim Agreement, the Tłįcho Agreement, the Sahtu Dene and Metis Comprehensive Land Claim Agreement and the Inuvialuit Final Agreement. The listing of this species is expected to have minimal impact on treaty rights as the general prohibitions under SARA (sections 32 and 33) do not apply to species listed as species of special concern, and it is already protected under the MBCA. 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 order to fulfill its modern treaty obligations, the Department will consult and involve the First Nations that are parties to these treaties in management planning for this species as well as the relevant wildlife management boards. These include the Nunavut Wildlife Management Board, the Wildlife Management Advisory Council, the Gwich’in Renewable Resources Board, the Wek’eezhii Renewable Resources Board, the Sahtu Renewable Resources Board and the Inuvialuit Game Council.

Considering that with this proposal the Olive-sided Flycatcher and the Common Nighthawk would be both down-listed from threatened to special concern, a management plan would also need to be developed for these species in collaboration with wildlife management boards established under the relevant land claim agreements^{footnote 31}. As for the proposed delisting of the Peregrine Falcon anatum/tundrius, it is not anticipated to impact modern treaty rights as this amendment means that the species will no longer be subject to the SARA.

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 has reached out to engage with Indigenous peoples and organizations to enable those who would be most likely to be affected by the proposed Order to state their views. Prior to the launch of consultations on the proposed SARA amendments, 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/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 this proposal further with individual First Nations and Indigenous organizations who requested it either through a phone discussion, teleconference or an in-person consultation session.

Several species included in this proposal for which incremental impacts are expected are known to occur on federal lands. The Mottled Duskywing (Great Lakes Plains population), the Blue Ash and Silky Beach Pea respectively occur on reserve lands of the Alderville, Moravian and East Saanich First Nations. The Western Yellow-bellied Racer is also known to occur on reserve lands of the Westbank and Splatsin First Nations. As for the Smooth Yellow False Foxglove and the Striped Whitelip, they both occur on reserve lands of the Walpole Island First Nation.

In response to the follow-up consultations that the Department held with the potentially affected First Nations, one First Nation provided some feedback on the cultural significance and economic value of the Smooth Yellow False Foxglove which roots have traditionally been used for dying basketry. Although this activity could be affected if harvesting the plant is prohibited, the First Nation indicated that synthetic commercial dyes are now available and used widely in this industry, which could mitigate potential economic impacts.

The First Nation appears to be engaged in several other economic activities that could be potentially be affected by the proposed listings. These activities include farming, manufacturing, retail, tourism and alternative utilization of the marshes and wetlands. Therefore, costs could be incurred by the First Nation or its members if they need to apply for a permit for an activity affecting these species, any part of their residences, or there is always the possibility that the application be refused if the permit conditions are not all met. For the Smooth Yellow False Foxglove, the Department is not aware of any dedicated conservation lands, and many agricultural lands and buildings are located in the area of occurrence of the species. As for the Striped Whitelip, the exact sites of occurrence on the reserve are unknown and therefore, the potential impacts on economic activities such as agriculture or infrastructure development are uncertain. The Department has attempted to reach out the First Nation to obtain additional feedback on potential socio-economic impacts of listing these species, without any success.

For the Blue Ash, in addition to the initial consultations, a follow-up letter was sent to the potentially affected First Nation in January 2019 seeking input on the proposed revision of the Blue Ash status from special concern to threatened, noting that this species is known to occur in the First Nation’s area, and that prohibitions will be triggered with the status change. A follow-up phone call was also made; no comments were submitted.

Over 2017–2018, for the Mottled Duskywing (Great Lakes Plains population), follow-up emails were sent to the First Nation administration to ask for comments on the listing. An in-person meeting had been held in 2017 to discuss the listing and another in 2018, during which this First Nation had expressed concerns with the information presented in the COSEWIC status report for this species. At this meeting, the Department noted that if the species were to be listed, there would be an opportunity to provide input to the recovery strategy.

Instrument choice

SARA stipulates that, after receiving an assessment from COSEWIC on the status of a wildlife species, the GIC may review that assessment and may, on the recommendation of the Minister of Environment,

• (1) accept the assessment and add the species to Schedule 1;
• (2) decide not add the species to Schedule 1; or
• (3) refer the matter back to COSEWIC for further consideration.

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.

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

Regulatory analysis

This analysis presents the incremental impacts, both benefits and costs, of the proposed Order. Incremental impacts are defined as the difference between the baseline scenario and the scenario in which the proposed Order is implemented over the same time period. The baseline scenario 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 proposed Order in place. The scenario in which the proposed Order is implemented includes the impacts expected to arise from general prohibitions as well any potential future critical habitat protection order on federal lands. 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. As such, the analysis is based on the best available information at this stage.

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 2022–2031. Unless otherwise noted, all monetary values reported in this analysis are in 2021 constant dollars.

Overall, the proposed Order is expected to benefit Canadian society. Protection of the species in these proposed listings would preserve associated socio-economic and cultural values, existence and option values as well as benefits from services such as nutrient cycling. The costs associated with the proposed 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 potential permit applications and compliance promotion. Other costs stemming from this proposed Order related to the trigger of general prohibitions and potential future critical habitat protection orders for species listed as threatened or endangered are expected to be low to non-existent.

I. 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. Special concern species 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 stakeholders and Indigenous peoples. These activities may be augmented by projects from local governments, stakeholders and/or Indigenous peoples to protect species and habitats, for example, through projects funded through the Habitat Stewardship Program,^{footnote 62} 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 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 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.

Cost savings stemming from down-listings

The delisting of Peregrine Falcon from special concern to not at risk would result in avoided costs since the development of an updated management plan is no longer required.^{footnote 18} Similarly, the Common Nighthawk and Olive-sided Flycatcher would no longer require action plans since they are being down-listed to special concern.^{footnote 64} This avoided cost to government is estimated at about $3,000 to $10,000 per species (undiscounted), for a total for these three species estimated between $9,000 and $30,000. General prohibitions would not apply to these species upon down-listing; however, they are still protected under the MBCA and will require MBCA permits. Based on the permits applications already made for the species, it is assumed that going forward, there would be an average of five MBCA permit applications per year that no longer need to be SARA-compliant. This would result in an estimated cost savings of $16,500 for permit applicants and $34,000 for the Government of Canada. The total avoided costs from these three species are between $59,500 and $80,500 (undiscounted).

Total economic value of species conservation

The total economic value framework is often used to assess how environmental assets such as species at risk contribute to the well-being of society. Using this framework, this analysis found that the species in this proposal provide various types of benefits to Canadians. Although preventing the loss of these benefits cannot be attributed to the proposed Order alone, some information about the benefits that these species provide to Canadians is discussed below for context.

(a) Socio-economic and cultural value for Indigenous peoples

Some of the species proposed for a listing decision have unique economic, social and cultural value for Indigenous peoples.

For example, the inner trunk bark of the Blue Ash can be processed to produce a blue dye. There is evidence that Indigenous people used this dye in the past in the production of various textiles.^{footnote 50} The Smooth Yellow False Foxgloves species have been known to have medicinal properties and are used by Indigenous peoples of North America to treat illnesses.^{footnote 21} The roots of this species have also been traditionally used by Indigenous peoples to dye basketry.^{footnote 37}

Western Yellow-bellied Racer, as a snake species, has importance for many Indigenous peoples heritage of the Pacific Northwest Coast, of which the First Nations in proximity of this snake’s Canadian range in British Columbia are a part of. For instance, a supernatural snake-like creature called the sisiutl exists in myths and in traditional and ceremonial iconography.^{footnote 53} Kwakiutl depictions show a central humanoid face between a double-headed snake, though similar depictions exist in beings of the Tsimshian, Tlingit, Bella Coola, Nootka, and Haida groups as well.^{footnote 38} The sisiutl is associated with bringing both death and property, which may be the basis for its double-headed iconography, and is also linked to shamans as both are viewed as mediators between the natural and supernatural worlds.^{footnote 23}

(b) Recreational benefits

Hemileuca moths like the Nuttall’s Sheep Moth, have long been favoured for study by amateur and professional entomologists due in part to their striking colouration and diurnal habits.^{footnote 24} Furthermore, given that moths feature frequently in photo contests held by the Entomological Society of Canada, it can be inferred that this species may have aesthetic value for wildlife photographers.^{footnote 25} As the largest sparrow in North America and the only one breeding only in Canada,^{footnote 26} Harris’s Sparrow likely induces bird-watching activities. As a charismatic and widely known species in Canada for its physical capacities, the Peregrine Falcon also likely induces bird-watching activities. The Common Nighthawk and the Olive-sided Flycatcher are other birds that likely motivate bird-watching activities. According to the 2012 Canadian Nature Survey,^{footnote 57} 4.7 million Canadians engage in birding activities yearly (~20% of 2012 Canadian population.^{footnote 28} On average birding participants spent 133 days, and $207 (CAD 2012) per participant a year engaging in this activity.

(c) Functional benefits

Many of the species recommended for listing or reclassification play important functional roles that support economic systems and human health and well-being. The Nine-spotted Lady Beetle plays a vital role as a biological control agent in gardens and agricultural crops by being a predator of various aphids, mites, scale insects and caterpillar species.^{footnote 59} The Western Yellow-bellied Racer preys on insect pests and rodents, which may help control hantavirus infections, a disease that spreads through deer mice in British Columbia.^{footnote 45,footnote 16} Racers also play a significant role in agricultural areas where insects and rodents can cause crop damage.^{footnote 17} Lichens such as the Smoker’s Lung Lichen are core components for many ecosystems in B.C. due to their role in maintaining ecosystem health, for instance by protecting soil against erosion and encroachment by weeds as well as providing a crucial source of atmospheric nitrogen.^{footnote 48,footnote 19} Snails such as the Striped Whitelip can play essential roles in forest ecosystem functioning by aiding in decomposition, nutrient cycling, and soil building processes.^{footnote 20} Ash trees also play an important role in nutrient cycling in hardwood forests.^{footnote 20} As most butterflies with a proboscis (i.e. a long tubular tongue acting as a straw), the Mottled Duskywing and the Oregon Branded Skipper are pollinators, supporting flowering plants reproduction and dispersion, therefore contributing to the flora biodiversity.^{footnote 36,footnote 22} The Silky Beach Pea is a source of food for coastal populations of deer and its flowers feed various insects.^{footnote 23} It is also one of the few species used as a larval food plant for the Ranchman’s Tiger Moth.^{footnote 23} The Common Nighthawk and the Olive-sided Flycatcher are a significant insect population control agents, as these birds eat large quantities of flying insects, their only food source.^{footnote 39,footnote 40,footnote 41,footnote 27} The Peregrine Falcon is a significant bird population control agent, as its diet consists mostly of birds.^{footnote 43,footnote 29}

(d) Scientific value

Several of the species recommended for listing or reclassification are used in research as indicators of the status of ecosystems and environment. Scientists rely on such bio-indicators in understanding the impacts of anthropogenic disturbances on ecosystems and in the monitoring and management of biodiversity. Snail declines can have an important impact on population dynamics of forest passerines and snail diversity can indicate the degree of anthropogenic disturbance in the environment.^{footnote 30,footnote 61,footnote 32} It is possible that the Striped Whitelip can demonstrate these characteristics and be used as an indicator for biodiversity. Lichens such as Smoker’s Lung Lichen are useful in assessing biodiversity and forest continuity and monitoring air quality.^{footnote 33,footnote 34} Moths are also generally considered suitable ecological indicators.^{footnote 35} Considering their preference for Antelope Brush habitats, the Nuttall’s Sheep Moth may be an ideal indicator species for the overall health of their preferred ecosystem.^{footnote 51}

(e) 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 species recommended for listing or reclassification are available, related studies indicate that society places substantial value on vulnerable species, and especially charismatic, symbolic, or emblematic species.^{footnote 52,footnote 38} Lady beetles are iconic species to the general public and the observed decline of the charismatic Nine-spotted Lady Beetle has led to public interest in its conservation.^{footnote 54} The Smoker’s Lung Lichen is a flagship species for a suite of rare and uncommon lichens and bryophytes that depend on humid, old-growth forests in British Columbia.^{footnote 55} Flagship species is a charismatic species that has been identified to help raise awareness about conservation issues, usually because protecting this species indirectly protects many other species in the same ecosystem. Similarly, the Nuttall’s Sheep Moth is considered emblematic of the Antelope-Brush ecosystem of the arid south Okanagan Valley, one of the most endangered ecosystems in Canada.^{footnote 56} Finally, the Mottled Duskywing is a butterfly representative of globally rare and vital ecosystems, such as oak woodlands, pine woodlands, tall grass prairies and alvars.^{footnote 42}

(f) 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 58} Several of the species recommended for listing or reclassification are associated with such values (i.e. option values). Yellow False Foxgloves have considerable conservation value as the habitat on which they occur is believed to be relatively unaltered from the time before European settlement.^{footnote 44} Species such as these are important for the research of biogeography, gene flow and evolution.^{footnote 59} The Blue Ash is considered unique among the five native ash species in Ontario, mainly because it has a higher resistance to the Emerald ash borer (EAB) and may hold some properties that can help other ash trees.^{footnote 60} In Canada, the Striped Whitelip and the Western Yellow-bellied Racer occur at the northern limit of their global range.^{footnote 46,footnote 47} Range-edge populations can have significance for research in genetic diversity, long-term survival and evolution of the species, and provide opportunities for human recreation activities.^{footnote 63}

II. Costs

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

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

• Costs to stakeholders and Indigenous peoples of complying with general prohibitions on First Nation reserves or other federal lands, as well as costs stemming from a potential future critical habitat protection order on federal lands;
• Costs to the Government of Canada for recovery strategy, action plan or management plan development, compliance promotion and enforcement;
• Costs of permit applications and issuance for both stakeholders and Indigenous peoples, and the Government of Canada; and
• Other costs.

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

Costs to stakeholders and Indigenous peoples

SARA’s general prohibitions do not apply to species of special concern, meaning that the listing or reclassifying of these species does not create any incremental costs to stakeholders and Indigenous peoples. Furthermore, general prohibitions are only triggered for species listed as threatened, endangered or extirpated found on federal lands, resulting in no new impacts on Indigenous peoples or stakeholders when species are not known to occur on federal lands.

Although SARA’s general prohibitions apply across the PCA’s network of protected heritage places upon listing, species and their habitat are already afforded protection in the national parks and national historic sites^{footnote 49} under the CNPA. Three species newly listed as threatened or endangered occur within PCA’s protected areas: Striped Whitelip, Silky Beach Pea and Blue Ash.

No incremental costs are expected for stakeholders as a result of the proposed listing of the species occurring on the PCA land affected, other than the potential cost of permit applications (for details see subsection on Permit applications below). Similarly, due to the existing protection, there are minimal expected incremental impacts from a potential future critical habitat protection order for these species.

General prohibitions also apply on other federal lands, including First Nations reserves. Seven species included in this Order that would be newly listed or reclassified as threatened or endangered occur within reserves: Striped Whitelip, Smooth Yellow False Foxglove, Mottled Duskywing (Great Lakes Plains population), Silky Beach Pea, Oregon Branded Skipper, Blue Ash and Western Yellow-bellied Racer. As discussed in further detail below, these occurrences are not expected to result in any incremental impacts from general prohibitions or from future critical habitat protection orders for the reserves, beyond the requirement to seek a permit for certain activities. Incremental costs to the Government of Canada from the proposed Order for these seven species, related to compliance promotion and enforcement activities, are discussed below.

Both the Oregon Branded Skipper and the Silky Beach Pea occur on a First Nation reserve in British Columbia; the East Saanich 2 reserve. The First Nation has developed several regulatory approaches for controlling the development of on-reserve lands including protecting or managing natural environment features. The First Nation has also developed a comprehensive community plan to preserve environmentally sensitive areas and create a connected ecological and recreational system where wildlife can thrive. These approaches together are considered sufficient measures to protect the Oregon Branded Skipper and the Silky Beach Pea, and only minimal incremental impact is expected to result from the listing of the two species and potential critical habitat protection orders on federal lands.

The Mottled Duskywing (Great Lakes Plains population) has an occurrence within a First Nation reserve in Ontario. Activities at this location are already restricted to a certain extent due to the presence of other species listed on SARA, and permits are already required at this location for any activities affecting Western Chorus Frogs and/or their residences. The Smooth Yellow False Foxglove and Striped Whitelip occur within the Walpole Island First Nation reserve in Ontario. The location of the Smooth Yellow False Foxglove population is considered a natural heritage site and protected within the community. This reserve has occurrences as well as critical habitat for multiple species listed on SARA, and already carries out significant conservation and restoration work to protect species. Blue Ash occurs within the Moravian 47 First Nation reserve. There were no activities identified at this location that could trigger general prohibitions. Therefore, only minimal incremental impacts are expected to result from the listing of these four species and potential critical habitat protection orders on federal lands.

The Western Yellow-bellied Racer has confirmed occurrences on three federal lands, three First Nations reserves and potential occurrences near three additional First Nations reserves, all in B.C. This species shares communal hibernacula (underground chambers that snakes use through winter to protect them from the cold) with the Great Basin Gophersnake and to a lesser extent with the Western Rattlesnake and the Desert Nightsnake. All three of these species are already listed on Schedule 1 of SARA as either threatened or endangered and therefore their hibernacula are protected by the relevant provisions in SARA. The Western Yellow-bellied Racer also has significant range overlap with the identified critical habitat of many species currently listed as either threatened or endangered on Schedule 1 of SARA, including the Great Basin Spadefoot and the American Badger. Therefore, the expected incremental impacts to stakeholders and Indigenous peoples from up-listing the Western Yellow-bellied Racer, either from general prohibitions or from a potential future critical habitat protection order on federal lands, would only be minimal aside from enforcement- and permit-related costs, which are discussed in subsections 2 and 3 of the costs section.

The Nuttall’s Sheep Moth has high potential to occur on the Vaseux-Bighorn National Wildlife Area (NWA) in B.C. Although species occurring on NWAs are protected to a certain extent under federal Wildlife Area Regulations, there would normally be additional protections that would apply to a species under SARA provisions upon listing. However, critical habitat for the Nuttall’s Sheep Moth has already been identified in its draft recovery strategy within the Vaseux-Bighorn National Wildlife Area and within the Vaseux Lake Migratory Bird Sanctuary (MBS). The Moth’s critical habitat overlaps significantly with the already identified—and therefore already protected—critical habitat of the Behr’s Hairstreak, a butterfly species. Since the Behr’s Hairstreak is already protected under SARA, activities on these federal lands that were threatening this species are already prohibited, which would also largely benefit the Nuttall’s Sheep Moth. Therefore, aside from enforcement- and permit-related costs—discussed below in the Costs to the Government of Canada section—there would be no anticipated incremental impacts to stakeholders from general prohibitions or a future critical habitat protection order on federal lands for the listing of the Nuttall’s Sheep Moth.

The Mottled Duskywing (Great Lakes Plains population) has occurrences on a Department of National Defence (DND) property, CFB Borden. The impacts of listing this population are expected to be minimal, as the species relies on a host plant, which has not been affected by training activities on the DND property. DND has an environmental program which provides guidance to support compliance with environmental legislation, and has been cooperating with the Department of the Environment and the PCA on terrestrial species at risk matters. Moreover, where activities are related to national security considerations, they can be exempted from the general prohibitions and critical habitat protection under SARA if authorized under another Act of Parliament.^{footnote 65} In light of these factors, no significant impacts are expected on DND properties. Costs that may be incurred by DND related to species included in this proposal as part of their overall approach to environmental management have not been estimated as they are considered part of the baseline scenario. Any incremental costs as a result of this proposed Order are expected to be minimal.

Costs to the Government of Canada

As outlined in Table 4 below, administrative costs to the Government of Canada differ depending on the listing category, as different categories trigger different reporting requirements.

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 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 action plan	$20,000 to $25,000 per document
Species name change	Update documents	$3,000
Removal from Schedule 1	N/A	N/A

Three species are proposed to be listed or reclassified as species of special concern: Harris’s Sparrow, Common Nighthawk, Olive-sided Flycatcher. Species newly listed as special concern require the development of a management plan, while species reclassified as special concern require an updated management plan, estimated to cost between $10,000 and $15,000 per species. Therefore, the total undiscounted cost to the Government of Canada for these species is estimated to be between $30,000 and $45,000 for all species in this group.

Thirteen species have been newly assessed by COSEWIC as endangered or threatened. The development of both recovery strategies and action plans are estimated to cost between $20,000 and $25,000 per species per document, for a total undiscounted cost to the Government of Canada of $520,000 to $650,000 for the development of the 13 recovery strategies and action plans required for these species. Species in this group would also require compliance promotion, with an estimated total cost of $10,000 for the first year.

There are eight species in the proposed new listings that occur or may occur on federal lands: Blue Ash, Striped Whitelip, Smooth Yellow False Foxglove, Mottled Duskywing (Great Lakes Plains population), Nuttall’s Sheep Moth, Silky Beach Pea, Oregon Branded Skipper and Western Yellow-bellied Racer. Their presence on federal lands may trigger enforcement actions and related costs. These costs are related to intelligence analysis, inspections, investigations, and measures to deal with any alleged offences under the proposed Order. Pre-operational enforcement efforts (i.e. intelligence analysis and engagement with partners) are estimated to cost about $11,000. Enforcement costs during the first year of Order implementation are estimated at about $67,000. These include $5,000 for analysis, $20,000 for inspections (including operations and transportation costs), $4,000 for measures to deal with alleged violations (including warnings), $6,000 for investigations, and $32,000 for proceeding with prosecutions. The estimated total for each subsequent year of operation is about $46,000. The total cost to the government of Canada related to enforcement and compliance promotion over the analytical time period is therefore about $500,000 undiscounted.

Permit applications

Permits would be required for activities that would be prohibited under SARA. This analysis uses previously requested permits to make assumptions about the number of potential permit applications, recognizing that it is not certain that additional permit requirements would be triggered as a result of the proposed Order and no conclusions can be made on whether a permit could be issued prior to submission of an application. Specifically, it is assumed that there may be one permit application per federal property with species occurrence, and one additional permit application for PCA lands or certain ECCC lands such as NWAs or MBSs. The additional permit applications from PCA lands would likely be for research or activities that benefit the species, and would be prepared by academic institutions or other research organizations (e.g. non-governmental organizations, governments). For properties that already require a permit under another Act of Parliament for an activity to take place (e.g. National Park, National Wildlife Area), there would be an additional cost to make the permit SARA compliant, 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 average costs related to permit applications under SARA are presented in tables 5.1 and 5.2 below.

Table 5.1: Permit application costs — Costs to applicants

Type of permit application	Cost per permit table c2 note a
Industry, including Indigenous peoples (incidental take permit)	$2,700
Industry (incidental take permit) — SARA compliant increment only	$700
Researcher/scientist (research permit)	$1,300
Researcher/scientist (research permit) — SARA compliant increment only	$300
Parks Canada on Parks Canada land / Environment and Climate Change Canada (ECCC) on National Wildlife Area or Migratory Bird Sanctuary	$800
Table c2 note(s) Table c2 note a The estimates have been rounded. Return to table c2 note a referrer

Table 5.2: Permit application costs — Administrative costs to the Government of Canada

Type of permit application	Cost per permit table c3 note a
New permit — ECCC	$3,400
SARA compliant increment — federal government	$700
Table c3 note(s) Table c3 note a The estimates have been rounded. Return to table c3 note a referrer

Of the eight species that occur or may occur on federal lands, both the Striped Whitelip and the Blue Ash occur within Point Pelee National Park (Ontario), which is managed by the PCA. The Silky Beach Pea is also found on PCA lands in the Pacific Rim National Park Reserve and Gulf Islands National Park Reserve, both located in B.C. In addition, the Nuttall’s Sheep Moth has high potential to occur within the two federal lands identified as critical habitat in its draft recovery strategy; these are ECCC’s Vaseux-Bighorn National Wildlife Area and Vaseux Lake Migratory Bird Sanctuary in B.C. Therefore, this Order could trigger up to 12 SARA compliant permit incremental applications from these locations: four from PCA to authorize its activities within its national parks, four from researchers or for incidental take on the PCA properties, two from ECCC to authorize its activities within its two protected areas, and two from researchers or for incidental take on the ECCC properties. Of the six permit applications on PCA or ECCC properties that would not be initiated by PCA or ECCC, it is assumed that three would be requested by researchers and the other three would be requested for incidental takes.

As previously mentioned, the Department does not anticipate future costs related to permit applications on governmental lands the Western Yellow-bellied Racer has occurrences on because of the ability to add its name to permits that exist already for other species that have been previously listed and that occur on the same lands. For researchers and industry, applying for SARA permits where a previous permit was required may involve incremental costs of about $300 and $700 per permit respectively. As previously noted, protected areas such as National Parks and National Wildlife Areas already require permits under the CNPA and the Wildlife Area Regulations (WAR) respectively. As indicated above, PCA or ECCC applicants that apply for SARA permits for projects within national parks, national wildlife areas or migratory bird sanctuaries assume a cost of up to $800 per species. Therefore, the total incremental cost to all applicants of permits related to species in protected areas is estimated at $7,800 (undiscounted).

In addition, this Order could trigger up to nine new permit applications for incidental take that are not already SARA compliant. The Striped Whitelip and the Smooth Yellow False Foxglove both occur within the Walpole Island First Nation reserve. The Mottled Duskywing (Great Lakes Plains population) occurs in a reserve in Ontario. The Silky Beach Pea and the Oregon Branded Skipper are both found in the East Saanich 2 reserve. The Blue Ash is found in the Moravian 47 reserve. As for the Western Yellow-bellied Racer, it has confirmed occurrences on three First Nations reserves in southern B.C. The applicant cost for a new permit for incidental take is estimated to be $2,700. Therefore, the total incremental costs to all applicants for these locations could be up to $24,800 (undiscounted).

The incremental costs to the Government of Canada to process the 12 SARA-compliant permit applications are estimated at $700 per permit while the expected nine new SARA permits applications would generate costs estimated at about $3,400 per permit, including costs associated with reviewing permits, assessing applications, and communicating with applicants. This cost includes additional expenses and labour as well as the costs of updating currently active permits and issuing new ones due to a possible increase in the number of scientific permits requested. The total incremental costs to the Government of Canada associated with the review of these permit requests in the ten years following the listing could be up to $39,000 (undiscounted).

Other costs

(a) Implications for environmental assessments

There could be some implications for projects^{footnote 66} required to undergo an environmental assessment by or under an Act of Parliament (hereafter referred to as 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, to ensure that measures are taken to avoid or lessen those effects and to monitor them. However, the Department always recommends to proponents in EA guidelines (early in the EA 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.

(b) Potential impacts of future SARA regulations

The listing of a wildlife species under SARA as threatened, endangered or extirpated triggers a series of obligations for the government, including the preparation of a recovery strategy that includes the identification, to the extent possible, of the habitat necessary for the survival or recovery of the species (critical habitat), and different obligations regarding the protection of that critical habitat. Protecting critical habitat on non-federal land may require the taking of regulatory action with associated benefits as well as potential costs for the landowners, users of the land, and the federal government. The socio-economic impact of each individual regulatory action will be assessed should this additional protection become necessary.

Costs and benefits

The proposed Order is expected to trigger protections and coordinated actions to support recovery of the listed species, thereby contributing to the benefits that they provide to Canadian society. Species conservation is associated with socio-economic and cultural values, existence and option values. Aside from permit-related expenses, the proposed Order is not anticipated to impose incremental costs on Indigenous peoples or 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 permit application processing, compliance promotion and enforcement activities.

Based on the list of species included in the proposed Order, the overall net cost to the Government of Canada, including the avoided costs mentioned in the benefits section, has been estimated at $904,500 to $1,055,000 over ten years (2022–2031), discounted at 3% to a base year of 2021. For all permits, the overall net costs cost to applicants (i.e. industry, First Nations, other levels of government, researchers and scientists), including the avoided costs mentioned in the benefits section, is estimated to be a one-time cost of about $16,000 (undiscounted). The table below summarizes these costs by grouping species with similar categories of expected impacts.

Table 6: Costs to stakeholders and Indigenous peoples by listing category

Proposed Amendments to Schedule 1	Species	Cost Implications
New listing as endangered or threatened (11 species)	Smoker’s Lung Lichen Downy Yellow False Foxglove Fern-leave Yellow False Foxglove Smooth Yellow False Foxglove Striped Whitelip Mottled Duskywing (Boreal population) Mottled Duskywing (Great Lakes Plains population) Nine-spotted Lady Beetle Nuttall’s Sheep Moth Silky Beach Pea Oregon Branded Skipper	The general prohibitions are only triggered for species found on federal lands. Of the thirteen species proposed to be listed as endangered or threatened, eight occur on federal lands: Blue Ash, Striped Whitelip, Smooth Yellow False Foxglove, Mottled Duskywing (Great Lakes Plains population), Nuttall’s Sheep Moth, Silky Beach Pea, Oregon Branded Skipper and Western Yellow-bellied Racer. For these species, minimal costs related to permit applications could be incurred. Applications must meet pre-conditions in order for a permit to be issued. Costs to the Government of Canada related to these species include development of recovery documents, permit application processing, compliance promotion and enforcement activities.
Up-listing from special concern to threatened (2 species)	Blue Ash Western Yellow-bellied Racer
New listing or reclassification as special concern (3 species)	Harris’s Sparrow Common Nighthawk Olive-sided Flycatcher	SARA’s general prohibitions do not apply to species of special concern. As a result, no incremental costs are expected to Indigenous peoples and/or stakeholders. Costs to the Government of Canada are limited to the development of management plans.
Down-listing – removal from Schedule 1 (1 species)	Peregrine Falcon	No significant costs expected as there are no expected impacts on stakeholders. Potential cost savings could accrue to the Government of Canada related to avoidance of recovery document development.

Small business lens

Analysis under the small business lens concluded that the proposed Order will not impact Canadian small businesses.

One-for-one rule

The one-for-one rule does not apply as there is no incremental change in administrative burden on business and no regulatory titles are repealed or introduced.

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 under consideration are currently listed under some provincial legislation, and the proposed Order would complement this existing protection. Those statuses are shown in Table 7 below.

Table 7: 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	Proposed SARA listing	Provincial / Territorial status
Common Nighthawk	Everywhere in Canada	Threatened to special concern	Ontario (special concern) Quebec (threatened or vulnerable) Manitoba (threatened) Nova Scotia (threatened) New Brunswick (threatened) Newfoundland and Labrador (threatened) Yukon (threatened)
Olive-sided Flycatcher	Everywhere in Canada	Threatened to special concern	Ontario (special concern) Quebec (threatened or vulnerable) Manitoba (threatened) Nova Scotia (threatened) New Brunswick (threatened) Newfoundland and Labrador (threatened)
Peregrine Falcon anatum/tundrius	Yukon, Northwest Territories, Nunavut, British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Québec, New Brunswick, Nova Scotia, Newfoundland and Labrador	Special concern to not at risk	Alberta (threatened) Manitoba (endangered) Ontario (threatened) Quebec (vulnerable) New Brunswick (endangered) Nova Scotia (threatened) Newfoundland and Labrador (threatened) Northwest Territories (at risk) Yukon (threatened)

The Department also works with its federal partners (i.e. Fisheries and Oceans Canada, and PCA) to determine the impact of the listing of species.

The development of the recovery strategies and action plans, which would be triggered after amending the status of the species included in the proposed Order, would require input from and coordination with different land management authorities such as other levels of government and Indigenous communities. Costs related to the development of these documents are estimated in the section above. The magnitude of economic impacts stemming from cooperation with those other land management authorities would be dependent on their level of participation and engagement in the recovery planning process and action following the development of action plans. This engagement would be voluntary and therefore its extent is unknown at this time. However, since the level of coordination needed for these species proposed for SARA status amendments is expected to be relatively low compared to other, more high profile species with broader distribution ranges, associated economic impacts are also expected to be low. These costs cannot be quantified at this time.

Strategic environmental assessment

A strategic environmental assessment concluded that the proposed Order would 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 proposed Order would 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 would also support the Federal Sustainable Development Strategy (FSDS)^{footnote 67} goal of “Healthy wildlife populations” by aiming to ensure that “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 would support this goal by helping to ensure that species are provided appropriate protection. They would 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 would also support the United Nations’ 2030 Agenda for Sustainable Development goals^{footnote 68} 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 proposal, 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 affected by the proposed Order.

The region of residence was identified as the main factor determining how a person would be affected by the proposal. 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. The reclassification of wildlife species to lower conservation statuses or their delisting may also disproportionately impact Indigenous peoples when such amendments result in a loss of protection for these species that is applicable to their lands. Certain of the species included in listing orders that occur on Indigenous lands also 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 or reclassification of species under Schedule 1 of SARA.

The Department conducted targeted consultations to ensure all potentially affected Indigenous peoples and communities had the opportunity to inform the pending decision, to provide input on its potential consequences and to share ideas on how best to approach threats to the species. In addition to these initial consultations, which lasted between four and nine months, the Department undertook extended consultations to make sure that potentially affected Indigenous groups were appropriately consulted. More specifically, extended consultations were conducted on the proposed amendments for the Blue Ash, the Striped Whitelip, the Smooth Yellow False Foxglove and the Mottled Duskywing (Great Lakes Plains population), which all have confirmed occurrences on First Nation lands. More details on these consultations can be found above in the “Indigenous engagement and consultation section.”

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 proposal and discuss its potential impacts to the communities who requested more support.

Rationale

Biodiversity is crucial to ecosystem productivity, health and resiliency, yet is rapidly declining worldwide as species become extinct.^{footnote 69} The proposed Order supports the survival and recovery of 16 species at risk in Canada, thus contributing to the maintenance of biodiversity in Canada. Another species, the Peregrine Falcon anatum/tundrius will be delisted given the assessment that it is no longer at risk, and no longer needs protection under SARA. In the case of the 13 species proposed to be listed or reclassified as endangered or threatened, 8 of them would 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. The 13 species newly listed or reclassified as threatened or endangered would also 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, 3 species proposed to be listed or reclassified as species of special concern would benefit from the development of a management plan, which includes measures for the conservation of the species.

In summary, the proposed listings or reclassifications of the species included in this Order would benefit Canadians in many ways, yet no major costs would 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 listing, the Department of the Environment and the PCA would 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 would be reached in order to

• increase their awareness and understanding of the Order;
• promote the adoption of behaviours that will contribute to the overall conservation and protection of wildlife at risk in Canada;
• increase compliance with the Order; and
• enhance their knowledge regarding species at risk.

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 proposed Order; the recovery planning process that follows listing or reclassification; how stakeholders and Indigenous peoples can get involved; and general information on each of the species. These resources would 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, 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 the proceeds of its 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.

Service standards

As stated above, section 73 of SARA allows individuals to apply to the Minister for a permit to engage in an activity affecting a listed wildlife species, its critical habitat or the residences of its individuals. Upon notifying an applicant that their application for a section 73 permit is received, the Minister has 90 days to either issue or refuse to issue the permit.^{footnote 70} The 90-day timeline may not apply in certain circumstances.

The Permits Authorizing an Activity Affecting Listed Wildlife Species Regulations contribute to consistency, predictability and transparency in the SARA permitting process by providing applicants with clear and measurable service standards for the section 73 permit application process. The Department measures its service performance annually, and performance information is posted on the Department website^{footnote 71} no later than June 1 for the preceding fiscal year.

Contact

Paula Brand
Director
Species at Risk Act Policy
Canadian Wildlife Service
Department of the Environment
Gatineau, Quebec
K1A 0H3
Telephone: 1‑800‑668‑6767
Email: LEPreglementations-SARAregulations@ec.gc.ca

ANNEX 1 — DESCRIPTION OF SPECIES BEING ADDED TO OR RECLASSIFIED IN SCHEDULE 1 OF THE SPECIES AT RISK ACT

A — Species proposed for addition to Schedule 1 of SARA

1. Harris’s Sparrow (Zonotrichia querula) — Special concern

About this species

The Harris’s Sparrow is a large sparrow with a distinctive black hood and bib. Both sexes have similar plumage. Harris’s Sparrow is the only passerine that breeds exclusively in Canada.

The conversion of these types of habitat to agriculture and to a lesser extent urban sprawl is identified as a threat to the species, though it is unknown to what extent.

Benefits of the species

As the largest sparrow in North America and the only one breeding only in Canada, Harris’s Sparrow likely induces bird-watching activities. According to the 2012 Canadian Nature Survey, 4.7 million Canadians engage in birding activities yearly (approximately 20% of 2012 Canadian population). On average birding participants spent 133 days, and $207 (CAD 2012) per participant a year engaging in this activity.

Consultations

Consultations were undertaken for this species from January to May 2018. Six comments were made in support of this species listing, and one comment did not oppose.

Rationale for listing

Data from Christmas Bird Counts in the U.S. Midwest wintering grounds show a significant long-term decline of 59% over the past 35 years, including 16% over the past decade.

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

2. Smoker’s Lung Lichen (Lobaria retigera) —Threatened

About this species

The Smoker’s Lung Lichenis a rare cyanolichen, strongly associated with humid mature to old-growth forests and is characterized by a net-ridged/reticulate dark upper surface and abundant grain-like vegetative propagules called isidia.

Smoker’s Lung Lichen is limited by the availability of suitable habitat (humid mature and old growth forests) and poor dispersal efficiency. Humid, wet, mature or old growth, cedar-hemlock forests have diminished in abundance with the progressive expansion of forest harvesting. Additional threats are from Hemlock-looper infestations and fire which are predicted to increase in severity and frequency due to rising mean annual temperatures as a result of global warming.

Benefits of the species

The Smoker’s Lung Lichen provides ecological benefits through supporting overall ecosystem health. It also has existence value as a flagship species of temperate rainforest habitat.

Consultations

Consultations were undertaken for this species from January to May 2019. Two comments were made that opposed the listing of this species.

Rationale for listing

A reduction of over 30% of the known and estimated individuals of this lichen species is projected primarily due to the recent and future impacts of logging, over the next three generations. There are uncertainties about the impacts of predicted climate changes but they could exacerbate this loss.

A SARA listing as threatened creates immediate protection for individuals and their residences on federal lands and requires the development of a recovery strategy and action plan(s).

3. Mottled Duskywing (Boreal population) (Erynnis martialis) — Endangered

About this species

The Mottled Duskywing is a butterfly in the skipper family (Hesperiidae). It is a medium-sized dark grey skipper with a very mottled appearance and a characteristic purplish hue. Yellow-brown spots create the mottled hindwing pattern, which distinguishes the Mottled Duskywing from other duskywing butterflies.

Almost all current sites are under some threat. Urban development, natural succession, inappropriate fire management (for the butterfly and its host plant), Btk spray to control the non-native defoliator Gypsy Moth, natural flooding and the planting of Jack Pines are the primary threats to one or more sites.

Benefits of the species

As most butterflies with a proboscis (i.e. a long tubular tongue acting as a straw), the Mottled Duskywing is a pollinator, supporting flowering plants reproduction and dispersion, therefore contributing to the flora biodiversity.

Consultations

Consultations were undertaken for this species from December 2012 to March 2014. No comments specific to this species were made.

Rationale for listing

This butterfly is declining throughout its North American range. In Canada, this particular population is restricted to a small area of pine woodland in southeastern Manitoba. All locations are under threat. One location is predicted to become flooded within ten years and the other four are expected to experience substantial population declines due to natural forest succession. The species’ habitat at all locations is at risk of Btk spraying to control Gypsy Moth. Any currently undocumented sites are likely to be experiencing a similar range of threats.

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 action plan(s).

4. Mottled Duskywing (Great Lakes Plains population) (Erynnis martialis) — Endangered

About this species

The Mottled Duskywing is a butterfly in the skipper family (Hesperiidae). It is a medium-sized dark grey skipper with a very mottled appearance and a characteristic purplish hue. Yellow-brown spots create the mottled hindwing pattern, which distinguishes the Mottled Duskywing from other duskywing butterflies.

Almost all current sites are under some threat. Urban development, natural succession, inappropriate fire management (for the butterfly and its host plant), Btk spray to control the non-native defoliator Gypsy Moth, natural flooding and the planting of Jack Pines are the primary threats to one or more sites.

Benefits of the species

As most butterflies with a proboscis (i.e. a long tubular tongue acting as a straw), the Mottled Duskywing is a pollinator, supporting flowering plants reproduction and dispersion, therefore contributing to the flora biodiversity.

Consultations

Consultations were undertaken for this species from December 2013 to March 2014. No comments specific to this species were made.

Rationale for listing

The population has disappeared from Quebec and now occupies a few, isolated locations in southern Ontario that continue to decline in number. Population numbers are also declining. The species is primarily threatened by habitat fragmentation, but also by habitat loss and degradation through, for example, development, natural succession, fire suppression, and extensive deer browsing.

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 action plan(s).

5. Nine-spotted Lady beetle (Coccinella novemnotata) — Endangered

About this species

The Nine-spotted Lady Beetle is a small beetle that is native to North America. Adults are readily identifiable by external morphological features: their wing covers are pale orange to red, with a dark line where the two wing covers meet. They generally have nine black spots on their wing covers, but the size and number of these spots can vary.

The specific causes of decline in the Nine-spotted Lady Beetle are unknown. Possible threats to this species include negative interactions with recently arrived non-native species, such as the Seven-spotted Lady Beetle and the Multi-coloured Asian Lady Beetle, through competition, intraguild predation or indirect effects through the introduction of pathogens. Other possible threats include direct and indirect effects of pesticide/chemical use associated with agriculture to control their main prey species aphids, and habitat loss through urban expansion, abandonment of farmland, and other human disturbances.

Benefits of the species

The Nine-spotted Lady Beetle provides ecological benefits, as a control against predators of crops.

Consultations

Consultations were undertaken for this species from January to October 2017. Five (5) comments were made in support of listing this species and five (5) others did not oppose.

Rationale for listing

This species was once common and broadly distributed through southern Canada, from Vancouver Island through the prairies to southern Quebec. It has since declined significantly and is now rarely seen. Despite targeted search efforts over the last decade, the species has decreased in abundance relative to other lady beetle species. Specific causes of the decline are unknown. Possible threats include introduction of non-native lady beetles, which could affect this native species through competition, intraguild predation, or introduction of pathogens. Other possible threats include decline in habitat quality through indirect effects of pesticide/chemical use associated with agriculture to control their prey species, urban expansion, and, abandonment and subsequent natural succession of farmland.

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 action plan(s).

6. Oregon Branded Skipper (Hesperia colorado oregonia) — Endangered

About this species

The Oregon Branded Skipper is a small butterfly-like insect in the skipper family (Hesperiidae). The dorsal wing surfaces are an overall reddish-orange with broad, dark brown wing margins and orange angular spots. The ventral wing surfaces are greenish grey with a rich brown background to the hindwing.

The greatest threat to individuals is deemed to be the application of Btk insecticide to control introduced Gypsy Moth. Threats to habitat include habitat conversion and loss, fire suppression, invasive non-native plant species, natural vegetative succession and storms and flooding associated with climate change.

Benefits of the species

As most butterflies with a proboscis (i.e. a long tubular tongue acting as a straw), the Oregon Branded Skipper is a pollinator, supporting flowering plants’ reproduction and dispersion, therefore contributing to the flora biodiversity.

Consultations

Consultations were undertaken for this species from January to April 2015. No comments specific to this species were made.

Rationale for listing

This species inhabits sparsely vegetated Garry Oak and coastal sand spit ecosystems that have undergone enormous historic losses. The populations of this skipper have likely undergone similar declines and only four of sixteen sites totalling less than 16 km^{footnote 2} remain extant. This habitat is fragmented and disjunct. The greatest threats this skipper faces at present, however, are the application of Btk pesticide, used to control the invasive Gypsy Moth, and vegetation succession in the open habitats.

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 action plan(s).

7. Nuttall’s Sheep Moth (Hemileuca nuttalli) — Endangered

About this species

Nuttall’s Sheep Moths are large members of the wild or giant silk moth family (Saturniidae). Adults of both sexes have forewing lengths of 32–39 mm with white to pale yellow forewings and bright yellow hindwings framed by a pattern of thick black markings.

Cumulative habitat loss, degradation, and fragmentation from agriculture (mainly vineyards and orchards) as well as residential and commercial development are the most significant threats to Nuttall’s Sheep Moth populations in Canada.

Benefits of the species

The Nuttall’s Sheep Moth provides recreational benefits, having been favoured for study by amateur and professional entomologists. They provide existence value as an emblem of the Antelope-Brush ecosystem and provide benefit as a bio-indicator of the overall health of their ecosystem.

Consultations

Consultations were undertaken for this species from January to October 2017. No comments specific to this species were made.

Rationale for listing

This large, showy and conspicuous moth is restricted to Antelope-brush habitat in the Okanagan Valley of British Columbia. That habitat type has declined considerably in quality and extent in the past century and remains under threat due to continued conversion to viticulture, residential and commercial development, and impact of wildfires. This is a rare moth in Canada: very few have been observed since the first record in 1920. Potentially large fluctuations in the population size may affect its long-term viability.

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 action plan(s).

8. Striped Whitelip (Webbhelix multilineata) — Endangered

About this species

Striped Whitelip is a large land snail with a round, but slightly flattened, thin pale-yellow shell that has dark spiral bands. This species is part of the unique fauna of the Carolinian Forest in Canada and has significance for ecosystem function through nutrient cycling. The range-edge population in Canada is important for the global conservation of this species.

Benefits of the species

The Striped Whitelip provides food for other animals. Additionally, it provides ecological benefit, aiding in decomposition and nutrient cycling. It occurs at the Northern limit of its range in Canada and could provide option value in the further study of research of the species.

Consultations

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

Rationale for listing

This large terrestrial snail is present on Pelee Island in Lake Erie and at three sites on the mainland of southwestern Ontario: Point Pelee National Park, Walpole Island, and Bickford Oak Woods Conservation Reserve. The species appears to have been extirpated from four other historically known mainland sites and at least one site on Pelee Island. Human-driven habitat loss and alteration led to decline and population isolation. Threats are extreme weather events (e.g. droughts), prescribed burns, and human disturbance (i.e. trampling as the species forages on trails in moist conditions).

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 action plan(s).

9. Downy Yellow False Foxglove (Aureolaria virginica) — Endangered

10. Fern-leaved Yellow False Foxglove (Aureolaria pedicularia) — Threatened

11. Smooth Yellow False Foxglove (Aureolaria flava) — Threatened

About this species

The three species of Yellow False Foxglove that occur in Canada are herbaceous perennial plants with showy yellow flowers. A small part of the global range of the three species extends into southwestern Ontario. All three species have disappeared from many former sites.

The Downy Yellow False Foxglove population is very small, consisting of about 400 mature individuals in five subpopulations located in southwestern Ontario. Three quarters of the population is at a site near Cambridge, Ontario.

The Fern-leaved Yellow False Foxglove is found in open savannah and woodland habitats along with Black Oak, its preferred host tree. About 85% of the population occurs in the Pinery Complex and Turkey Point Complex subpopulations.

The Smooth Yellow False Foxglove is found in open savannah and woodland habitats along with Black Oak, its preferred host tree. The Canadian population is estimated to be between 464 and 1409 mature individuals. Over 60% of the population is found at three sites in the Ojibway Prairie Complex subpopulation.

Benefits of the species

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

Consultations

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

Rationale for listing

All three Yellow False Foxglove species face a suite of similar threats due to their association with open to semi-open oak ecosystems. Fire suppression and browsing by White-tailed Deer threaten the remaining existing locations. Some small subpopulations of each species are at considerable risk of extirpation as the plants are situated near heavily used recreational trails.

A SARA listing as endangered and threatened create immediate protection for individuals and their residences on federal lands and requires the development of a recovery strategy and action plan(s).

12. Silky Beach Pea (Lathyrus Littoralis) — Threatened

About this species

The Silky Beach Pea is a rhizomatous perennial herb that grows 10–60 cm tall. It has branched and densely grey-silky shoots bearing alternate and pinnately compound leaves with 4–8 leaflets and no tendrils. The pea-type flowers have smaller white lower and side petals but the larger upper petals are pink, red or purple.

Benefits of the species

The Silky Beach Pea is a source of food for coastal populations of deer and its flowers feed various insects. It is also one of the few species used as a larval food plant for the Ranchman’s Tiger Moth.

Consultations

Consultations were undertaken for this species from December 2013 to March 2014. No comments specific to this species were received.

Rationale for listing

This plant of coastal dunes, which has much of its global range in Canada, is threatened because of competition with invasive alien plants, off-road vehicles, trampling, herbivory, and a decline in suitable habitat associated with more extreme and frequent storm surges due to climate change. The species’ restricted distribution, the very small number of individuals, and the small number of subpopulations make the species at risk.

A SARA listing as threatened create immediate protection for individuals and their residences on federal lands and requires the development of a recovery strategy and action plan(s).

B — Species proposed for reclassification in Schedule 1 of SARA

13. Common Nighthawk (Chordeiles minor) — Down-listing from threatened to species of special concern

About this species

The Common Nighthawk is the most frequently seen member of the nightjar family. It pursues and catches flying insects on the wing, and is most active from dusk to dawn. It is extremely well camouflaged by its mottled brown plumage when perched on the ground or horizontal surfaces. Common Nighthawk is most often seen in flight, when it can be recognized by its distinctive bounding flight, white bar near the end of the wing, and nasal peent call.

Benefits of the species

The Common Nighthawk is a significant insect population control agent, as this bird eats large quantities of flying insects, its only food source. As a bird, it also likely provides recreational benefits to bird watchers. According to the 2012 Canadian Nature Survey, 4.7 million Canadians engage in birding activities yearly (~20% of 2012 Canadian population). On average birding participants spent 133 days, and $207 (CAD 2012) per participant a year engaging in this activity.

Consultations

Consultations were undertaken for this species from January to October 2019. Eight comments were made in support of this species listing, six comments opposed and 10 others did not oppose.

Rationale for reclassification

This aerial insectivore is a widespread breeding bird across southern and boreal Canada. Its population in southern Canada has declined by 68% since 1970, but the rate of decline has slowed appreciably over the past decade, and the species appears to be quite abundant in suitable boreal habitats. Concerns remain over the effects of human activities and changing climates in reducing food and nest-site availability.

A recovery strategy has been posted for this species after it was listed as threatened in 2010. A down-listing from threatened to special concern does not preclude the conservation efforts already underway since it requires the development of a management plan to prevent the species from becoming further at risk.

14. Olive-sided Flycatcher (Contopus cooperi) — Down-listing from threatened to species of special concern

About this species

The Olive-sided Flycatcher is a medium-sized songbird. Adults are a deep brownish-olive above, with whitish extending from the throat, centre of breast and belly to the undertail coverts, contrasting sharply with the dark flanks and sides of the breast to appear vested. White tufts are also often visible above the wings on each side of the rump. The wings are dark with indistinct pale wing bars, and the bill is stout.

Benefits of the species

The Olive-sided Flycatcher is a significant insect population control agent, as this bird eats large quantities of flying insects, its only food source. It is also likely a motivation for bird watching activities, providing recreational benefits to its watchers. According to the 2012 Canadian Nature Survey, 4.7 million Canadians engage in birding activities yearly (~20% of 2012 Canadian population). On average birding participants spent 133 days, and $207 (CAD 2012) per participant a year engaging in this activity.

Consultations

Consultations were undertaken for this species from January to October 2019. Eight comments were made in support of this species listing, five comments opposed and 12 others did not oppose.

Rationale for reclassification

The Canadian population of this widespread forest songbird has experienced a substantial long-term decline, although the rate of decrease has slowed over the past decade. Loss of wintering habitat in northern South America is likely the greatest threat facing this aerial insectivore, but the species may also be affected by changes on the breeding grounds such as the effects of altered fire regimes and changing climates on nesting habitat quality, and reductions in the abundance and availability of aerial insect prey.

A recovery strategy has been posted for this species after it was listed as threatened in 2010. A down-listing from threatened to special concern does not preclude the conservation efforts already underway since it requires the development of a management plan to prevent the species from becoming further at risk.

15. Blue Ash (Fraxinus quadrangulata) — Up-listing from species of special concern to threatened

About this species

Blue Ash is a medium-sized tree and is one of six ash species native to Canada. The trunk can be straight or irregular and the crown is narrow, small and rounded. Trees have light-coloured, reddish-grey or tan-grey, scaly bark. The leaves are compound and opposite with seven leaflets and the twigs have square sides with four distinctive corky ridges or wings (hence the scientific epithet quadrangulata). Clusters of small flowers that lack petals are produced in spring, as new leaves are expanding. The fruits are single-seeded samaras that are usually twisted, with a notch in the broad wing. A distinctive feature is the retention of dead lower branches, giving the tree an untidy appearance.

Benefits of the species

The Blue Ash provides socio-economic and cultural value for Indigenous peoples, as dye sourced from the trunk of the tree is used to dye textiles. It provides food for other animals through its seeds. It also has option value, for further research on Emerald Ash Borer resistance.

Consultations

Consultations were undertaken for this species from December 2015 to May 2016. No comments specific to this species were received.

Rationale for listing

This tree has a restricted distribution in the Carolinian forests of southwestern Ontario. Small total population size in a fragmented landscape, combined with increasing potential impact from browsing by White-tailed Deer and infestation by the invasive Emerald Ash Borer, place the species at risk of further declines at most sites. In addition, mature trees on Middle Island are threatened by impacts of nesting Double-crested Cormorants.

A SARA reclassification as threatened create immediate protection for individuals and their residences on federal lands and requires the development of a recovery strategy and action plan(s).

16. Western Yellow-bellied Racer (Coluber constrictor mormon) — Up-listing from species of special concern to threatened

About this species

The Racer is a relatively thin snake that is typically less than one metre in length. Adults are uniform grey or olive and have a yellow belly; young have a series of brown, saddle-like cross bands across the back that become fainter as the snakes mature. Racers are harmless to humans and feed mainly on insects. Racers occur in the south and central interior of British Columbia, a range that includes at least five discrete areas near Trail, Grand Forks, and Midway; and within the Okanagan/Similkameen and Thompson/Fraser watersheds.

Benefits of the species

The Western Yellow-bellied Racer provides ecological benefits, possibly helping infection by feeding on rodents. It has option value for study, being at the Northern limit of their range in Canada. It also has possible socio-economic and cultural value for Indigenous peoples.

Consultations

Consultations were undertaken for this species from January to October 2017. No comments specific to this species were received.

Rationale for listing

This snake occurs in five valleys in south-central British Columbia. It is susceptible to habitat loss and fragmentation from agriculture and urban development, especially as this species is particularly intolerant of urbanization. The ongoing expansion of the road network and traffic volumes increases mortality and further fragments the habitat. Pesticide applications in agricultural areas may impact the snakes both directly and via contamination of their insect prey. It is unlikely that there is a significant rescue effect because of extensive loss of habitat contiguous to the United States border.

A SARA listing as threatened create immediate protection for individuals and their residences on federal lands and requires the development of a recovery strategy and action plan(s).

C – Species proposed for delisting from SARA

17. Peregrine Falcon (Falco peregrinus anatum/tundrius) — From species of special concern to not at risk

About this species

This subspecies occurs along much of the British Columbia coastline. Despite a continuing increase in numbers, its population remains small. However, a large portion of the population breeds in protected areas, and there is a high probability of rescue from the United States.

Benefits of the species

As a charismatic and widely known species in Canada for its physical capacities, the Peregrine Falcon likely induces bird-watching activities. The Peregrine Falcon is also a significant bird population control agent, as its diet consists mostly of birds. According to the 2012 Canadian Nature Survey, 4.7 million Canadians engage in birding activities yearly (~20% of 2012 Canadian population). On average birding participants spent 133 days, and $207 (CAD 2012) per participant a year engaging in this activity.

Consultations

Consultations were undertaken for this species from January to October 2019. 46 comments were made in support of this species listing, two comments opposed and nine others did not oppose.

Rationale for listing

Following dramatic declines in the mid-20th century, this species has rebounded significantly over the past few decades, with continued moderate to strong increases in many parts of Canada since the last status report in 2007. The initial recovery was a result of reintroductions across much of southern Canada following the ban of organochlorine pesticides (e.g. DDT). Increasingly, the ongoing population growth is a function of healthy productivity and, in the case of urban-nesting pairs, exploitation of previously unoccupied habitat.

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to subsection 27(1) of the Species at Risk Act ^{footnote a}, proposes to make the annexed Order Amending Schedule 1 to the Species at Risk Act.

Interested persons may make representations concerning the proposed Order within 30 days after the date of publication of this notice. All representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Paula Brand, Director, Species at Risk Act Policy, Canadian Wildlife Service, Department of the Environment, Gatineau, Quebec K1A 0H3 (tel: 1‑800‑668‑6767; email: LEPreglementations-SARAregulations@ec.gc.ca)

Ottawa, May 24, 2022

Wendy Nixon
Assistant Clerk of the Privy Council

Order Amending Schedule 1 to the Species at Risk Act

Amendments

1 Part 2 of Schedule 1 to the Species at Risk Act ^{footnote a} is amended by adding the following in alphabetical order under the heading “Molluscs”:

• Whitelip, Striped (Webbhelix multilineata)
  • Polyspire rayé

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

• Duskywing, Mottled (Erynnis martialis) Boreal population
  • Hespérie tachetée population boréale
• Duskywing, Mottled (Erynnis martialis) Great Lakes Plains population
  • Hespérie tachetée population des plaines des Grands Lacs
• Lady Beetle, Nine-spotted (Coccinella novemnotata)
  • Coccinelle à neuf points
• Moth, Nuttall’s Sheep (Hemileuca nuttalli)
  • Hémileucin de Nuttall
• Skipper, Oregon Branded (Hesperia colorado oregonia)
  • Hespérie du Colorado

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

• Foxglove, Downy Yellow False (Aureolaria virginica)
  • Gérardie de Virginie

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

• Flycatcher, Olive-sided (Contopus cooperi)
  • Moucherolle à côtés olive
• Nighthawk, Common (Chordeiles minor)
  • Engoulevent d’Amérique

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

• Racer, Western Yellow-bellied (Coluber constrictor mormon)
  • Couleuvre agile à ventre jaune de l’Ouest

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

• Ash, Blue (Fraxinus quadrangulata)
  • Frêne bleu
• Foxglove, Fern-leaved Yellow False (Aureolaria pedicularia)
  • Gérardie fausse-pédiculaire
• Foxglove, Smooth Yellow False (Aureolaria flava)
  • Gérardie jaune
• Pea, Silky Beach (Lathyrus littoralis)
  • Gesse littorale

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

• Lichen, Smoker’s Lung (Lobaria retigera)
  • Lobaire réticulée

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

• Falcon anatum/tundrius, Peregrine (Falco peregrinus anatum/tundrius)
  • Faucon pèlerin anatum/tundrius

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

• Flycatcher, Olive-sided (Contopus cooperi)
  • Moucherolle à côtés olive
• Nighthawk, Common (Chordeiles minor)
  • Engoulevent d’Amérique
• Sparrow, Harris’s (Zonotrichia querula)
  • Bruant à face noire

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

• Racer, Western Yellow-bellied (Coluber constrictor mormon)
  • Couleuvre agile à ventre jaune de l’Ouest

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

• Ash, Blue (Fraxinus quadrangulata)
  • Frêne bleu

Coming into Force

12 This Order comes into force on the day on which it is registered.