Canada Gazette, Part I, Volume 151, Number 10: Order Amending Schedule 1 to the Species at Risk Act

March 11, 2017

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

Biodiversity is rapidly declining worldwide as species become extinct. (see footnote 1) Today's extinction rate is estimated to be between 1 000 and 10 000 times higher than the natural rate. (see footnote 2) Biodiversity is positively related to ecosystem productivity, health and resiliency (see footnote 3) (i.e. the ability of an ecosystem to respond to changes or disturbances), and, 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 Canada's economy. Small changes within an ecosystem can lead to a loss of individuals and species resulting in adverse, irreversible and broad-ranging effects.

The proposed order to amend Schedule 1 of the Species at Risk Act (SARA or the Act) pertains to 11 migratory birds:

  1. Bank Swallow (Riparia riparia)
  2. Barn Swallow (Hirundo rustica)
  3. Bobolink (Dolichonyx oryzivorus)
  4. Cerulean Warbler (Setophaga cerulea)
  5. Eastern Meadowlark (Sturnella magna)
  6. Eastern Wood-pewee (Contopus virens)
  7. Grasshopper Sparrow pratensis subspecies (Ammodramus savannarum pratensis)
  8. Hooded Warbler (Setophaga citrina)
  9. Western Grebe (Aechmophorus occidentalis)
  10. Wood Thrush (Hylocichla mustelina)
  11. Yellow-breasted Chat virens subspecies (Icteria virens virens)

Pursuant to section 27 of SARA, the Governor in Council (see footnote 4) is proposing the Order Amending Schedule 1 to the Species at Risk Act (the proposed Order) to add these species to, to reclassify them in or to remove them from Schedule 1 of the Act.

Background

Canada's 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. (see footnote 5) Part of the mandate of the Department of the Environment (the Department) is 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 governments, the Department of the Environment plays a leadership role as federal regulator in order to prevent terrestrial species from becoming extinct (see footnote 6) or extirpated (see footnote 7) from Canada. The Parks Canada Agency contributes to the protection and conservation of these species within its network of protected heritage places, including national parks and national marine conservation areas.

The primary federal legislative mechanism for delivering on this strategy is SARA. 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. At the time of proclamation in 2003, the official list of wildlife species at risk (Schedule 1 of SARA) included 233 species. Since then, the list has been amended on a number of occasions to add, remove or reclassify species. There are currently 521 species listed on Schedule 1, which classifies those species as being extirpated, endangered, threatened, or of special concern.

With the proclamation of SARA in 2003, the Act established the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) (see footnote 8) as the body responsible for providing the Minister of the Environment with assessments of the status of Canadian 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 and to identify existing and potential threats. COSEWIC members meet twice annually 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. (see footnote 9)

After COSEWIC provides 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 (SAR Registry) indicating how the Minister intends to respond to the assessment and related anticipated timelines. These statements outline the extent of consultations on proposed changes to Schedule 1 of SARA.

Subsequent to the consultations and required analysis being carried out, the GIC formally acknowledges its receipt of the COSEWIC assessments. This then triggers a regulatory process through a proposed order whereby the GIC may, within nine months of receipt of the assessment, on the recommendation of the Minister:

If the GIC does not make a decision within nine months of its formal receipt of the COSEWIC assessments, SARA states that the Minister shall amend Schedule 1 according to those assessments. This timeline does not apply to reclassifications of a listed species in Schedule 1 or to the removal of a listed species from that schedule.

Reclassification is important so that the designation is consistent with the latest available scientific information, thus 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. 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.

Upon listing, wildlife species benefit from various levels of protection, which vary depending on their status. All species in this proposed Order are migratory birds protected under the Migratory Birds Convention Act, 1994 (MBCA). The MBCA and its regulations protect migratory birds, their nests and eggs against possessing, buying, selling, exchanging, giving or making it the subject of a commercial transaction, wherever they are found in Canada, regardless of land ownership, and including surrounding ocean waters. The MBCA and its regulations also prohibit depositing substances harmful to birds in waters or areas frequented by them. Additionally, the Migratory Birds Regulations prohibit hunting migratory birds (see footnote 10) as well as disturbing, destroying or taking a nest, egg, nest shelter, eider duck shelter or duck box of a migratory bird. These protections are considered comparable to the protections afforded under SARA to individuals of threatened, endangered and extirpated species and their residences. These protections remain in effect when a migratory bird is listed in Schedule 1 of SARA.

Table 1 below summarizes the various SARA protections afforded following listing to Schedule 1 of SARA.

Table 1: Summary of protections offered to migratory birds protected by the MBCA and their residences immediately upon their addition to Schedule 1 of SARA
Status General Prohibitions Application of Prohibitions
Protection of Individuals (SARA, section 32) Residence Protection (SARA, section 33)
Special concern SARA general prohibitions do not apply. However, individuals and their eggs are protected everywhere they are found in Canada by the MBCA. SARA residence protection does not apply. However, nests are protected everywhere they are found in Canada by the MBCA. While SARA protections do not apply to species of special concern, the MBCA protections continue to apply everywhere in Canada.
Threatened, endangered(see footnote 11) and extirpated Protection for individuals of the species everywhere they are found in Canada against being killed, harmed, harassed, captured or taken. Prohibition against the possession, collection, buying and selling or trading of an individual of the species or any part or derivative of this individual. Under the MBCA, individuals and their eggs are protected everywhere they are found in Canada. It is an offence to damage or destroy the residence of one or more individuals of a threatened or endangered species everywhere they are found in Canada. The residence of extirpated species is only protected if a recovery strategy recommends reintroduction into the wild. Under the MBCA, nests and nest shelters are protected everywhere they are found in Canada, but critical habitat is not. In addition to the MBCA protections, SARA protects against killing, harming and harassing, possessing, collecting, buying, selling or trading of individuals, their nests and their eggs. For endangered and threatened species, this also includes protection against the damage or destruction of their residences everywhere in Canada.
Permits issued under SARA

A person intending to engage in an activity that could contravene one or more of the SARA prohibitions must apply to the competent minister (see footnote 12) for a permit under section 73 of the Act. A permit may be issued if the Minister is of the opinion that the activity meets one of three purposes:

The permit may only be issued if the competent minister is of the opinion that the following three pre-conditions are met:

According to section 74 of SARA, if another Act of Parliament (e.g. MBCA or Canada National Parks Act [CNPA]) has the same effect as SARA and a permit under this other act can authorize an activity affecting a species (individuals and/or populations) and their residences, a SARA permit will not be required. In those situations, SARA-compliant permits may be issued.

Since the MBCA prohibitions have the same effect on the protection of the individuals and the nests, a SARA-compliant MBCA permit may be issued to authorize an activity affecting a listed migratory bird, instead of issuing two separate permits. In order for a single permit to be issued, however, all three pre-conditions [items (a), (b), and (c) above] required for the issuance of a permit issued under SARA must be met. The MBCA does not allow for incidental take permits to be issued; therefore, SARA incidental take permits [item (c) in the list of purposes above] cannot be issued for migratory bird species, as the permitted activities would contravene the MBCA and its regulations. Therefore, a SARA-compliant MBCA permit can only be issued for an activity whose main purpose is either scientific research for the conservation of the species or another activity benefiting the species or required to enhance its chance of survival in the wild, as indicated in the purposes (a) and (b) above.

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

Recovery planning

Listing a species under an endangered, threatened or extirpated status triggers mandatory recovery planning, by the competent minister, in order to address threats to the survival or recovery of these 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 on the SAR Registry:

Recovery strategies include

Recovery strategies must be prepared in cooperation with

Recovery strategies may 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

It may not always be possible to identify critical habitat in a recovery strategy or action plan, and, in those cases, a schedule of studies outlining the activities required to obtain the information necessary to complete the identification of critical habitat will be included in the recovery strategy or action plan.

Protection of critical habitat

If the critical habitat or a portion of it for the listed wildlife species is not located in a federally protected area but is located on federal land, in the exclusive economic zone of Canada, on the continental shelf of Canada, or anywhere in Canada, and the listed wildlife species is an aquatic species or a species of migratory bird protected by the MBCA, the competent minister is required to make an order for the application of subsection 58(1), thereby protecting the critical habitat from destruction.

If critical habitat is located in a migratory bird sanctuary under the MBCA, (see footnote 14) in a national park described in Schedule 1 of the 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. Ninety days after this description of critical habitat is published in the Canada Gazette, the critical habitat protections under subsection 58(1) of SARA (i.e. prohibiting the destruction of critical habitat) come into effect automatically, and critical habitat located in the federally protected area is legally protected under SARA.

In the case of migratory birds that are protected under the MBCA, if the critical habitat or portions of it are identified outside of federal lands, in the exclusive economic zone of Canada, on the continental shelf of Canada or in a migratory bird sanctuary under the MBCA, the prohibition against destruction can only apply to those portions of the critical habitat that are habitat to which the MBCA applies. In this case, an order is made under subsection 58(5.1) by the Governor in Council on the recommendation of the Minister of the Environment. Under SARA, the Minister of the Environment must make the recommendation to the Governor in Council within 180 days of the publication of the recovery strategy or action plan that identifies the critical habitat, unless he or she is of the opinion that the critical habitat is legally protected by provisions in, or measures under SARA or any other federal legislation, including conservation agreements under section 11 of SARA. If the critical habitat is already protected, the Minister of the Environment need not make the recommendation. However, he or she must include in the public registry a statement setting out how the critical habitat to which the MBCA applies or portions of it are legally protected [application of subsection 58(5.2)].

For the remaining portions of critical habitat in a province or territory to which the MBCA does not apply, the Minister may make a recommendation to the Governor in Council to make an order under subsection 61(4) if he or she is of the opinion that the critical habitat is not effectively protected.

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 listing.

Objectives

The objective of the proposed Order is to help maintain Canada's biodiversity and the well-being of Canadian ecosystems by preventing wildlife species from becoming extirpated from Canada or extinct and contribute to their recovery.

Description

The proposed Order pertains to eleven migratory bird species, as shown in Table 2 below. Of the eleven species,

A description of each species, their ranges and threats, is found in Annex 1. Additional information on these species can also be found in the COSEWIC status reports. (see footnote 15)

Table 2 — Proposed modifications to Schedule 1 of SARA for 11 migratory bird species
Legal Population Name Scientific Name Current Status Proposed Status Range
Species proposed for addition to Schedule 1 of SARA
Bank Swallow Riparia riparia None Threatened Canada-wide
Barn Swallow Hirundo rustica None Threatened Canada-wide
Bobolink Dolichonyx oryzivorus None Threatened All provinces
Eastern Meadowlark Sturnella magna None Threatened Ontario, Quebec, New Brunswick, Nova Scotia
Eastern Wood-pewee Contopus virens None Special concern Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick, Prince Edward Island, Nova Scotia
Grasshopper Sparrow pratensis subspecies Ammodramus savannarum pratensis None Special concern Ontario, Quebec
Western Grebe Aechmophorus occidentalis None Special concern British Columbia, Alberta, Saskatchewan, Manitoba
Wood Thrush Hylocichla mustelina None Threatened Ontario, Quebec, New Brunswick, Nova Scotia
Species proposed for reclassification in Schedule 1 of SARA
Cerulean Warbler Setophaga cerulea Special concern Endangered Ontario, Quebec
Yellow-breasted Chat virens subspecies Icteria virens virens Special concern Endangered Ontario
Species proposed to be removed from Schedule 1 of SARA
Hooded Warbler Setophaga citrina (see footnote 16) Threatened Not at risk Ontario

Benefits and costs

The quantitative and qualitative incremental impacts (benefits and costs) of the proposed Order were analyzed. Incremental impacts are defined as the differences between the baseline situation and the situation in which the proposed Order is implemented over the same period. The baseline situation includes activities ongoing on federal lands where a species is found, and incorporates any projected changes over the next 10 years (2017–2026) that would occur without the proposed Order in place.

An analytical period of 10 years (2017–2026) was selected as the status of the species must be reassessed by COSEWIC every 10 years. Costs provided in present value terms are discounted at 3% over the period of 2017–2026. Unless otherwise noted, all monetary values reported in this analysis are in 2015 Canadian dollars.

Any decision about whether to take action to prevent a species from becoming extirpated involves three issues that do not usually occur simultaneously in most cost-benefit analyses:

To reflect these challenges, this cost-benefit analysis presents the best available information and economic analysis possible. Preventing the extirpation of these species would likely result from a combination of the proposed Order and additional protection measures undertaken by various levels of governments, Indigenous peoples and stakeholders. Therefore, the benefits presented cannot be attributed to the proposed Order alone. They are provided here for context.

Overall, the analysis did not reveal any major impacts on Indigenous peoples and stakeholders.

Benefits

The key benefit of the proposed Order is that recovery strategy and action plan development will be triggered for 7 of the 11 species. These documents enable coordinated action by responsible land management authorities wherever the species are found in Canada. Improved coordination among authorities may increase the likelihood of species survival. This process will also provide an opportunity for consideration of the impact of measures to recover the species and for consultation with Indigenous peoples and stakeholders.

The designation of species added to Schedule 1 of SARA determines the allocation of resources to manage and/or recover the species. Designations that reflect the best available scientific information ensure species can be protected according to the purposes of SARA, while minimizing impacts on stakeholders and resources.

More generally, preventing the extirpation of a given species via a variety of actions, including those taken under SARA, such as implementing this proposed Order, contributes to overall biodiversity. More diverse ecosystems are generally more stable and less subject to malfunction; therefore, the benefits (goods and services) they provide are also more stable over time.

Total economic value

Using the total economic value framework, the analysis found that the birds in the proposed Order provide the following use values.

  1. Pest and weed control: many bird species are beneficial by controlling pests on agricultural land as a large percentage of their summer diet comprises crop-damaging insects (i.e. caterpillars, grasshoppers, ants, wasps, flies, beetles, mayflies).
  2. Nutrient cycling and seed dispersal: many bird species, including migratory birds, distribute nutrients derived from the consumption of insects, fruit, seeds and fish (see footnote 17) and disperse seeds within ecosystems.
  3. Birding and eco-tourism: according to the 2012 Canadian Nature Survey, 4.7 million Canadians engage in birding activities yearly (18% of the total population).
  4. Research: the Barn Swallow in particular is a popular research bird in North America, informing scientists on climate change, ecto-parasites and breeding, natural selection and group living behaviour.

There is also an option value associated with these species, i.e. Canadian residents and firms may hold a value associated with the preservation of Canadian genetic information that may be used in the future for biological, medicinal, genetic engineering and other applications. Economic theory also suggests there is a benefit to erring on the side of avoiding an irreversible outcome (i.e. extinction). (see footnote 18)

Finally, the 11 migratory birds have a non-use value, which includes the value of knowing a species exists despite never observing it directly, and the value of knowing future generations will be able to enjoy the species. These values contribute to the well-being of Canadians.

Several studies estimate willingness to pay values for the preservation of iconic or charismatic species, concluding that charismatic species generally attract higher values than non-charismatic ones, thus providing greater social benefits. (see footnote 19), (see footnote 20) While no criteria have been formally established for designation of an “iconic” species in Canada, the Western Grebe may be of greater value to Canadians given its well-known and elaborate courtship displays. As well, Bobolink, Barn Swallow and Eastern Wood-pewee are highly recognized by Canadians.

One study (see footnote 21) found that Irish farmers are willing to pay on average the equivalent of $15.91 to $18.92 per year for the conservation of a rare farmland migratory bird species, the Corncrake, threatened by mowing and other agricultural activities. Another relevant paper (see footnote 22) estimated that an average household in the Netherlands is willing to pay the equivalent of $24.70 annually for the protection of endangered migratory birds. In terms of iconic birds, a key meta-analysis (see footnote 23) on threatened and endangered species has found that U.S. households are willing to pay, on average, between $24.81 and $133.57 per household per year to prevent the loss of one iconic bird species. These studies may be indicative of the value that Canadian individuals or households place on the species in this proposed Order.

Costs

In terms of incremental costs, the following matters were considered:

It is important to note a distinction regarding critical habitat on non-federal lands. If any future critical habitat identified on non-federal lands that is not covered under the MBCA is determined by the competent Minister to be insufficiently protected, a decision to issue an order to protect that critical habitat would be made by the Governor in Council. Any such future decision could not be considered an incremental impact of this proposed Order.

Costs associated with general prohibitions

As mentioned earlier in the document, the 11 bird species included in the proposed Order are migratory birds that are protected by the MBCA everywhere they are found in Canada. This means that no incremental costs associated with complying with the general prohibitions under SARA can be expected for stakeholders because no additional compliance activities will result from adding the species to Schedule 1 of SARA.

Upon listing of an MBCA species as threatened or endangered under SARA, currently active and future permits would need to also meet the requirements of subsections 73(2) to (6.1) and 73(7) of SARA. In most cases, the incremental effort to do so would essentially be limited to the applicant providing the necessary data to demonstrate that certain pre-conditions have been met, and some additional review by officials. There would be no change to permit applications on Parks Canada lands.

It is estimated that it may take an applicant approximately an additional 30 minutes to update an MBCA permit that would already exist under the baseline scenario, and around 2 hours to apply for any additional permits.

Potential critical habitat protections

The majority of species in this proposed Order have wide ranges and wide habitat specificity, meaning that a “landscape approach” would likely be used when identifying critical habitat. In general, landscape-level identifications of critical habitat would involve ensuring a condition of the landscape that provides the necessary quantity and quality of habitat for the species to fulfill its needs is protected rather than protecting highly specific locations, although in some cases there may be specific site-based habitat features within the critical habitat that need protection. Accordingly, the activities considered likely to destroy critical habitat would typically be those with a broad landscape-level impact (e.g. clear-cutting a forest), as opposed to smaller-scale activities like ATV use. In cases where there is more suitable habitat than is required to meet the population and distribution objectives, it may be possible to identify critical habitat in a manner that reduces socio-economic impacts.

The identification of critical habitat is a science-based process that uses the best available information and is guided by a framework (see footnote 24) designed to be flexible enough to adapt to the various situations encountered by recovery practitioners, but structured enough to provide consistency in how critical habitat is identified and presented. The identification of critical habitat in federal recovery documents is reviewed by partners, stakeholders and jurisdictions and is also open to a public consultation process.

If critical habitat (see footnote 25) for a listed species is identified during the creation of a recovery strategy or an action plan, and federal legislation does not already protect the habitat, the competent minister is obligated under subsection 58(4) of SARA to make a Critical Habitat Protection Order to put protections for that habitat in place. In the event such an order is made, it would be considered an incremental impact of the decision to list a species. The analysis does not consider potential orders outside federal lands made under subsection 58(5.1) as these would require a separate GIC decision, and the incremental impacts of such an order would be examined at that time.

However, there is a great deal of uncertainty at the time of listing over whether any such order would ever occur and where it would apply because critical habitat is only identified during the development of a recovery strategy (which establishes the population and distribution objectives for the species) or subsequently in an action plan, after a species is listed or reclassified as extirpated, endangered or threatened. At the time of listing, the amount and location of critical habitat needed to meet the population and distribution objectives is unknown, as is whether critical habitat will be identified on federal lands.

The listing of the three species of special concern would not trigger critical habitat identification. As for the Hooded Warbler, the delisting of the species eliminates the potential that a critical habitat protection order on federal lands would be issued.

For all other species, to address the uncertainty associated with the lack of defined critical habitat at the time of the proposed listing, the analysis assumed that all suitable land for breeding, nesting, feeding, foraging, and roosting on federal land within the range of each species could possibly be identified as critical habitat and consequently protected under a critical habitat protection order. This is a conservative approach, since the critical habitat to be identified in the future might only comprise a portion of the range of a species. Nonetheless, all hypothetical impacts of a critical habitat protection order on stakeholders active on federal lands within the range of the species are examined. This ensures that any potential impacts to stakeholders have been examined for any scenario in which critical habitat protection could be put in place on federal land.

This analysis focused on economic activities occurring within the range of the species, specifically on federal lands. The definition of federal lands includes First Nation's Reserves and any other lands that are set apart for the use and benefit of a band under the Indian Act and all the waters on and airspace above those reserves and lands. However, nothing in SARA can be construed so as to abrogate or derogate from the protection provided for existing Aboriginal or treaty rights of the Indigenous Peoples of Canada, recognizing and affirming those rights as set out in section 35 of the Constitution Act, 1982.

The analysis used Geographical Information Systems (GIS) to determine economic activities on federal land where the species occur. Databases of federal properties (see footnote 26) and Indigenous lands (see footnote 27) were overlaid with the ranges of the species. Combined with major known threats to survival in Canada, as identified by COSEWIC, this approach provides a conservative view on potential changes for stakeholders arising from critical habitat protection.

Given the threats identified by COSEWIC, the following sectors, which have been or could be active on federal lands, have the potential to affect any future critical habitat of the species: agriculture, logging and forestry, aggregate extraction, mining, urban development, flood control and erosion control. Despite this broad scope, and the uncertainties involved, analysis at this time did not reveal any major impacts. Existing protections for birds, nests and nest shelters under the Migratory Birds Regulations (MBR) and the MBCA are comparable to SARA's protections for residences and individuals. Thus where there is critical habitat on federal land that is also in use by the industries mentioned above, the existing MBCA protections lessen the incremental impacts to industry of SARA's critical habitat protections. Although there are certain exceptions (e.g. overgrazing by livestock can decrease breeding habitat without harming nests), given the limited scope of these activities on federal lands, and the flexibilities inherent in defining critical habitat for species that exist across Canada, incremental costs associated with critical habitat protection on federal lands are likely to be low.

Recovery strategy and action plan / management plan development

Some administrative costs for the development of recovery strategies, action plans and management plans would be incurred by the federal government. Recovery plan and action plan development is estimated to cost $40,000 to $50,000 per species, for a total present value of $240,700 to $300,900 for the species in this group. The development of a management plan for the three species of special concern is expected to cost $10,000 per species, for a total present value of $26,700.

Enforcement and compliance promotion

No additional enforcement effort is anticipated beyond existing efforts to enforce the MBCA; therefore, no additional costs would arise.

A Compliance Promotion Plan has been drafted for the proposed Order and it is anticipated that compliance promotion activities would cost approximately $10,000 to the Government of Canada during the year following the coming into force of the proposed Order. Compliance promotion activities would include the following: updates to the Species at Risk Public Registry, outreach to federal land managers and Indigenous peoples to help them understand their obligations under SARA, materials for industry sectors, which may perceive the proposed Order as having negative impacts on their activities, and information on the species and their occurrence on federal lands provided to departmental enforcement officers.

Permitting

Based on data for existing MBCA permits, as well as estimates of additional future scientific permits for each of the species, the incremental costs to the Government of Canada (including additional expenses and labour) associated with permitting could be within the range of $15,000–30,000 annually, or $130,000–$260,000 in present value terms over 10 years. This includes costs associated with updating currently active permits and issuing new ones due to a possible increase in the number of scientific permits requested.

Implications for environmental assessments

Generally speaking, there could also be some implications for projects (see footnote 28) required to undergo an environmental assessment by or under an Act of Parliament (hereafter referred to as “federal EA”).

Proponents already need to meet the requirements of the MBCA and the MBR if a project undergoing a federal EA could potentially affect any of these species directly (although they are not required to assess potential damage to the critical habitat of a species). Also, federal EA guidelines already recommend that proponents evaluate effects on species already assessed by COSEWIC that may become listed on Schedule 1 of SARA in the near future. Overall, any incremental costs are expected to be minimal relative to the total costs of performing a federal EA; no attempt has been made to quantify these potential costs.

“One-for-One” Rule

The “One-for-One” Rule does not apply, because the proposed additions to Schedule 1 of SARA would not impose new administrative costs on business.

Small business lens

The small business lens does not apply to this proposal, as there would be no administrative burden imposed on small businesses.

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 placing a wildlife species on Schedule 1 of the Act are two distinct processes. This separation guarantees that scientists may work independently when assessing the biological 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 Department of the Environment begins initial public consultations with the posting of the Minister's response statements on the Species at Risk Public Registry within 90 days of receiving a copy of an assessment of the status of a wildlife species from COSEWIC. Indigenous peoples and organizations, stakeholders and the general public are also consulted by means of a publicly posted document titled Consultation on Amending the List of Species under the Species at Risk Act: Terrestrial Species. This was published in December 2010 (Bobolink), December 2011 (Barn Swallow, Cerulean Warbler and Eastern Meadowlark), December 2012 (Hooded Warbler), December 2013 (Bank Swallow, Eastern Wood-pewee and Wood Thrush) and January 2015 (Western Grebe and Grasshopper Sparrow pratensis subspecies) 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 listing process. These documents were distributed directly to over 3 600 recipients, including Indigenous peoples and organizations, wildlife management boards, (see footnote 29) provincial and territorial governments, various industrial sectors, resource users, landowners and environmental non-governmental organizations.

Consultations results summary

Ninety-eight comments were received pertaining to the eleven bird species included in this regulatory package. Comments were received from provinces, territories, federal agencies, NGOs, First Nations, Indigenous organizations, wildlife management boards, individuals, municipalities and businesses. More than 85% of comments received supported or did not oppose the modifications to Schedule 1 of SARA, while fifteen comments specifically opposed the listing of species or expressed concerns with the impacts of listing.

The opposing comments were received from provinces, individuals, businesses, associations and one First Nation.

Abundance of the species

Some of the opposing comments argued that the species is abundant in a specific area and questioned the dataset used, with some commenters indicating that the species would be more accurately designated at a lower level in their area whereas it can be designated at a higher risk level elsewhere in the country. The Department of the Environment notes that the purpose of SARA is to prevent the extinction of species and provide for their recovery in Canada as a whole, as opposed to individual provincial jurisdictions. In order for a subspecies to be recognized, populations have to be significant or discrete from those found in other regions of Canada, which is not the case for any of the migratory bird species specified in the proposed Order.

Bobolink: There is no indication that the population is increasing in the Prairies; however, between 1987 and 2006 the Breeding Bird Survey (BBS) data indicates that while Bobolinks were abundant in southern Manitoba and parts of Ontario and Quebec, they were not abundant in Saskatchewan, Alberta or British Columbia. Coming from a lower abundance than that recorded in the eastern range, the decline in the west may be not as severe as the east. Trend information updated since the COSEWIC status report continues to show declines. Trends for 1970 to 2012 indicate an annual decline of 3.98% per year for Alberta, of 1.06% per year for Manitoba and of 1.5% per  year in Saskatchewan. The short-term trend (2002–2012) for all three provinces are also showing signs of decline for the species, with average declines of 3.4% per year in Alberta, 0.91% per year in Manitoba and 1% per year in Saskatchewan. The decline is indeed more severe in the east according to long-term data (1970–2012), which shows declines of 2.92% per year in Ontario, 4.22% per  year in Quebec, 3.82% per year in New Brunswick and 4.85% per year in Nova Scotia. This data indicates a long-term decline of the species throughout its Canadian range.

In addition, the Department notes that there is a specific temporal boundary for threatened species: three generations or 10 years, whichever is longest (which, in the case of the Bobolink, is 10 years). The Department considers the Breeding Bird Survey as a suitable method for surveying Bobolinks, because many surveys are carried out in open habitat, where the species occurs, and Bobolinks can be easily detected by their song and flight. The BBS covers virtually the entire range of Bobolinks in Canada and surveying is often on roads that have little traffic. The same roads and survey methods have been used for over 30 years, ensuring consistency of the surveys.

Barn Swallow: The causes of the declines of the Barn Swallow would likely be the subject of a series of recommended studies in the recovery strategy and action plan. Although the species has a large range in Canada, the scientific literature indicates that its abundance has undergone important declines. There has been a significant decline of approximately 30% in the total number of mature individuals over the last 10 years (1999–2009) based on an appropriate index of abundance (i.e. the Breeding Bird Survey). Population declines are a widely accepted assessment criteria for species at risk, even for widespread and abundant species.

Bank Swallow: Although the species has a large range in Canada, its abundance has undergone important declines. There has been an observed 31% decline in the total number of mature individuals over the last 10 years based on an appropriate index of abundance (Breeding Bird Survey). (see footnote 30) In addition, a number of other surveys and information sources were also examined, including the Breeding Bird Atlases for Ontario, Alberta, Quebec and the Maritimes, the Canadian Migration Monitoring Network, the Étude des populations d'oiseaux du Québec, and the Ontario Bank Swallow Research and Monitoring Project. All Breeding Bird Atlases considered indicated a significant decline in abundance or range contraction.

Eastern Wood-Pewee: The species was assessed as a species of special concern in Canada. This will not bring any additional general prohibitions or the identification of critical habitat. The species has experienced persistent declines over the past 40 years both in Canada and the United States. The 10-year decline of 25% comes close to satisfying the criteria for a threatened designation; however, since the threshold for this designation is a 30% decline over 10 years, this species was assessed as a species of special concern. The listing would not constrain business operations, since there will be no additional protection measures.

Wood Thrush: This species has undergone a 38% decline in population abundance in Canada in the past 10 years (2001–2011). The long-term Breeding Bird Survey data shows a statistically significant annual rate of decline of 4.29% between 1970 and 2011, for a population loss of 83% over the last 41 years. This rate of decline has increased slightly for the last 10 years, with an annual significant decline of 4.69%. The probability of a decline of at least 30% over the past 10 years is 89%, and is therefore a strong indication that this species is declining rapidly. Although the species uses habitat that is seemingly abundant in Eastern Canada, the species itself is no longer considered abundant due to the important declines it has experienced in the past 40 years. Because this species has a large range in Canada and requires some habitat disturbances, it is likely that critical habitat would be identified at a landscape scale, rather than at specific sites. This means that critical habitat would likely involve the protection of only a portion of the range of occurrence and that the area identified would need to meet specific habitat attributes. This protection would result in minimal constraints on businesses, while attempting to halt the population decline of the species.

Potential impact on agricultural or business operations

Some comments mention anticipated impacts on their agricultural operations or their business activities and indicate that the MBCA protections already in place should be sufficient to protect the species.

Migratory birds, their nests and their eggs are already afforded equivalent protection under the MBCA. A listing under SARA would not create an additional burden on Canadians. For those species with a large range in Canada, it is likely that critical habitat will be identified at a landscape scale, rather than at specific sites. In such cases, critical habitat will likely involve the protection of only a portion of the range of occurrence and that area will need to meet specific habitat attributes.

For the migratory birds included in this proposed Order that are more site-specific, the existing MBCA protections lessen the anticipated incremental impacts of SARA's protections. If specific incremental measures were to be deemed necessary for site-specific critical habitat protection, SARA provides for the consideration of alternative mechanisms, such as stewardship agreements. These agreements can be used to provide conservation measures that are consistent with the Act, while accommodating a range of circumstances.

Removal of anthropogenic structures

Another type of comment is related to concerns over the ability to remove anthropogenic structures for health and safety reasons.

With respect to the operation, maintenance or modification of an existing man-made structure recognized as a residence, the Government of Canada would work with the landowners and managers of those structures to achieve compliance under SARA and promote species recovery. Under certain conditions, SARA provides that permits may be issued for activities that affect a listed wildlife species, its critical habitat or residences of its individuals. SARA also provides exceptions for certain activities that relate to public safety, health or national security, if these are authorized under an Act of Parliament. The Department will work with landowners and land managers to explore these options when situations concerning public health and safety arise. The Department also intends to reach out to stakeholders through compliance promotion activities to address concerns from agricultural and rural communities. More specifically, the Department would clarify that agricultural producers operating on non-federal lands are not facing new restrictions.

Public comment period following publication in the Canada Gazette, Part I

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 of the Environment carefully reviews the comments it receives to gain a better understanding of the benefits and costs of changing the list of wildlife species at risk.

The Minister of the Environment will take into consideration comments and any additional information received following the publication of the proposed Order and this Regulatory Impact Analysis Statement in the Canada Gazette, Part I.

Additional information on consultation results for all 11 species is provided for each species in Annex 1.

Rationale

Biodiversity is crucial to ecosystem productivity, health and resiliency, yet is rapidly declining worldwide as species become extinct. (see footnote 31) The proposed Order would support the survival and recovery of 10 species of migratory birds in Canada by affording legal protections and mandating recovery planning, thus contributing to the maintenance of biodiversity in Canada. In the case of threatened or endangered species, a listing under SARA would complement the protection that they already receive under the MBCA. In addition, these species would benefit from the development of recovery strategies and action plans that identify the main threats to species survival, as well as identify, when possible, the critical habitat that is necessary for their survival and recovery in Canada. Species listed as species of special concern would benefit from the development of a management plan, which includes measures for the conservation of the species.

The proposed Order would help Canada meet its commitments under the Convention on Biological Diversity. A strategic environmental assessment concluded that the proposed Order would result in important positive environmental effects. Specifically, that the protection of wildlife species at risk contributes to national biodiversity and protects ecosystem productivity, health and resiliency. Given the interdependency of species, a loss of biodiversity can lead to decreases in ecosystem function 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.

This proposal has direct links with the Federal Sustainable Development Strategy for Canada 2013–2016 (FSDS). The proposed amendments to Schedule 1 of SARA would have important environmental effects and support Theme III, “Protecting Nature and Canadians,” of the FSDS. Under Theme III, these amendments would help fulfill Goal 4 (“Conserving and Restoring Ecosystems, Wildlife and Habitat, and Protecting Canadians”), one of its targets (“4.1 Species at Risk. By 2020, populations of species at risk listed under federal law exhibit trends that are consistent with recovery strategies and management plans” (see footnote 32)) and a number of implementation strategies.

The overall costs to the Government of $407,000 to $598,000 (present value) over 10 years, discounted at 3% to a base year of 2016, are limited to federal government actions related to recovery and management plan development, and compliance promotion and enforcement. No direct costs to businesses are currently anticipated.

Implementation, enforcement and service standards

Following the listing, the Department of the Environment 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 stakeholders would be reached in order to

These objectives would be accomplished through the creation and dissemination of information products explaining the new prohibitions applicable on federal lands where they relate to those 10 species, the recovery planning process that follows listing and how stakeholders can get involved, as well as general information on each of the species. These resources will be posted on the Species at Risk Public Registry. Mail-outs and presentations to targeted audiences may also be considered as appropriate.

In Parks Canada 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.

SARA provides for penalties for contraventions to the Act, including fines or imprisonment, seizure and forfeiture of things seized or of the proceeds of their 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.

The Permits Authorizing an Activity Affecting Listed Wildlife Species Regulations, which came into effect on June 19, 2013, impose a 90-day timeline on the Government to either issue or refuse permits under section 73 of SARA authorizing activities that may affect listed wildlife species. The 90-day timeline may not apply in certain circumstances. These Regulations contribute to consistency, predictability and transparency in the SARA permitting process by providing applicants with clear and measurable service standards. The Department of the Environment measures its service performance annually, and performance information is posted on the Department's website (see footnote 33) no later than June 1 for the preceding fiscal year.

Contact

Mary Jane Roberts
Director
SARA Management and Regulatory Affairs
Canadian Wildlife Service
Department of the Environment
Gatineau, Quebec
K1A 0H3
Telephone: 1-800-668-6767
Email: ec.LEPreglementations-SARAregulations.ec@canada.ca

Annex 1 — Description of species being added to, reclassified in or removed from Schedule 1 of the Species at Risk Act

Bank Swallow

COSEWIC assessed this species as threatened in May 2013.

About this species

The Bank Swallow is a small insectivorous migratory songbird with brown upperparts, white underparts and a distinctive dark breast band. It is distinguishable in flight from other swallows by its quick, erratic wing beats and its almost constant buzzy, chattering vocalizations. The species is highly social at all times of year and is conspicuous at colonial breeding sites where it excavates nesting burrows in eroding vertical banks.

Breeding occurs in a wide variety of natural and artificial sites within vertical banks, including riverbanks, lake and ocean bluffs, aggregate pits, road cuts, and stock piles of soil, while sand-silt substrates are preferred. Breeding sites tend to be somewhat ephemeral due to the dynamic nature of bank erosion, and can change from year to year. They are often situated near open terrestrial habitat used for aerial foraging. Large wetlands are used as communal nocturnal roost sites during post-breeding, migration, and wintering periods.

The Bank Swallow has an extensive distribution, occurring on every continent except Antarctica and Australia. In North America, it breeds widely across the northern two-thirds of the United States, north to the treeline. It breeds in all Canadian provinces and territories, except perhaps Nunavut. The Bank Swallow can be found in many Parks Canada protected heritage places across the country. (see footnote 34) The Bank Swallow winters primarily in South America.

Cumulative effects from several sources may be a cause of declines in Bank Swallow populations. Breeding and foraging habitat is disappearing, particularly through erosion control projects, flood control (dams), aggregate management activities/excavation, conversion of pastureland to cropland, and afforestation. Climatic changes may reduce overwinter survival or reproductive potential. Widespread pesticide use may cause decreases in the abundance or diversity of flying insects needed for feeding. A further understanding of threats during migration and of wintering grounds is needed to assess their impacts on populations.

Consultations

Twenty comments were received with respect to listing the Bank Swallow. Fourteen comments supported or did not oppose listing the species as threatened. The remaining six comments opposed the addition of the species to Schedule 1 of SARA. Of the six, two oppose its designation status and argue it should be listed as a species of special concern instead of being listed as threatened and one opposes listing the species as threatened in Saskatchewan and indicates that listing the species as threatened may be more appropriate in Ontario and Quebec.

Eight comments were also received regarding all species in the December 2013 consultation document, which includes Bank Swallow. Seven of these comments support or do not oppose listing all the species, while one comment opposes it.

The details of each opposing comment are presented in the “Consultation” section of this document.

Listing rationale

The Bank Swallow has experienced a severe long-term decline amounting to a loss of 98% of its Canadian population over the last 40 years. As with many other aerial insectivores, the decline continues, albeit at a slower rate since the 1980s. Breeding Bird Survey data from 2001–2011 indicate a potential loss of 31% of the population during that 10-year period. Although not well understood, the reasons for the decline are likely related to the cumulative effects of several threats, including loss of breeding and foraging habitat, destruction of nests during aggregate excavation, collisions with vehicles, widespread pesticide use affecting prey abundance, and impacts of climate change, which may reduce survival or reproductive potential.

Barn Swallow

COSEWIC assessed this species as threatened in May 2011.

About this species

The Barn Swallow is a medium-sized songbird that is easily recognized by its steely-blue upperparts, cinnamon underparts, chestnut throat and forehead, and by its deeply forked tail. Both sexes have similar plumage, but males have longer outer tail-streamers than females and tend to be darker chestnut on their underparts.

Before European colonization, Barn Swallows nested mostly in caves, holes, crevices and ledges in cliff faces. Following European settlement, they shifted largely to nesting in and on artificial structures, including barns and other outbuildings, garages, houses, bridges, and road culverts. Barn Swallows prefer various types of open habitats for foraging, including grassy fields, pastures, various kinds of agricultural crops, lake and river shorelines, cleared rights-of-way, cottage areas and farmyards, islands, wetlands, and subarctic tundra.

The Barn Swallow is the most widespread species of swallow in the world; it is found on every continent except Antarctica. It breeds across much of North America south of the treeline and south to central Mexico. In Canada, it is known to breed in all provinces and territories except perhaps Nunavut. It is also very common in the network of protected heritage places of Parks Canada and can be found in many national parks and national historic sites. The Barn Swallow is a long-distance migrant and winters throughout Central and South America.

The main causes of the recent decline in Barn Swallow populations are thought to be the loss of nesting and foraging habitats due to the conversion from conventional to modern farming techniques; large-scale declines (or other perturbations) in insect populations; and direct and indirect mortality due to an increase in climate perturbations on the breeding grounds (cold snaps). Other limiting factors include high nestling mortality due to high rates of ectoparasitism, and interspecific competition for nest sites with an invasive species (House Sparrow). In addition, loss of foraging habitat and exposure to pesticides during migration and overwintering are also threats.

Consultations

Barn Swallow underwent extended consultations from November 2011 to November 2012. Seventeen comments were received pertaining to the species: fourteen supported or did not oppose listing while three raised concerns about the impacts of listing the species as threatened. Two of the opposing comments came from industry associations and relate to a perception that adding Barn Swallow to Schedule 1 of SARA would make it an offence to remove buildings for safety reasons or work on bridges and culverts. The third comment is from a business who questions the threatened status of the species and suggests that it would be more appropriate to designate the species as a species of special concern. It indicates that a threatened listing could have significant impacts on its operations.

The details of each opposing comment were presented in the “Consultation” section of this document.

Listing rationale

This is one of the world's most widespread and common landbird species. However, like many other species of birds that specialize on a diet of flying insects, this species has experienced very large declines that began somewhat inexplicably in the mid- to late 1980s in Canada. Its Canadian distribution and abundance may still be greater than prior to European settlement, owing to the species' ability to adapt to nesting in a variety of artificial structures (barns, bridges, etc.) and to exploit foraging opportunities in open, human-modified, rural landscapes. While there have been losses in the amount of some important types of artificial nest sites (e.g. open barns) and in the amount of foraging habitat in open agricultural areas in some parts of Canada, the causes of the recent population decline are not well understood. The magnitude and geographic extent of the decline are cause for conservation concern.

Bobolink

COSEWIC assessed this species as threatened in April 2010.

About this species

The Bobolink is a medium-sized passerine. Males are black below and lighter above, while females are light beige streaked with brown and could be mistaken for some species of sparrow. The Bobolink has a conical bill, rigid, sharply pointed tail feathers and long hind toenails. Male plumage outside the breeding season and juvenile plumage are similar to that of the female. No subspecies of the Bobolink are currently recognized.

The Bobolink originally nested in the tall-grass prairie of the Midwestern United States and south central Canada. Since the conversion of the prairie to cropland and the clearing of the eastern forests, the Bobolink has nested in forage crops (e.g. hayfields and pastures in which a variety of species, such as clover, Timothy, Kentucky Bluegrass, and broad-leaved plants, are predominant). The Bobolink also occurs in various grassland habitats including wet prairie; graminoid peatlands and abandoned fields in which tall grasses are predominant; remnants of uncultivated virgin prairie (tall-grass prairie); no-till cropland; small-grain fields; restored surface mining sites; and irrigated fields in arid regions.

The breeding range of the Bobolink in North America includes the southern part of all Canadian provinces from British Columbia to Newfoundland and Labrador and south to the northwestern, north-central and northeastern United States. The species is not present in the Yukon, Northwest Territories and Nunavut. The Bobolink is found in many national parks and other protected areas under the administration of Parks Canada. The Bobolink winters in southern South America, east of the Andes in Bolivia, Brazil, Paraguay and Argentina.

The main causes of the decline in Bobolink populations have been identified as incidental mortalities from agricultural operations such as haying that destroy nests and kill adults; habitat loss caused by the conversion of forage crops to intensive grain crops and other row crops; habitat fragmentation, which promotes higher rates of predation on nests located near edges; and pesticide use on breeding and wintering grounds, which may cause both direct and indirect mortality.

Consultations

Sixteen comments were received pertaining to Bobolink: thirteen supported or did not oppose listing while three opposed listing the species as threatened. The opposing comments came from an individual who indicates that it would be more appropriate to designate the species as a species of special concern, and two provincial governments who suggest splitting the eastern and western populations of the species and designating the eastern population as threatened and the western population as a species of special concern. The details of each opposing comment were presented in the “Consultation” section of this document.

Four comments were also received regarding all of the species included in the November 2010 consultation document, which includes Bobolink. All support or do not oppose listing all of the species.

Listing rationale

Over 25% of the global population of this grassland bird species breeds in Canada, which is the northern portion of its range. The species has suffered severe population declines since the late 1960s, and the declines have continued over the last 10 years, particularly in the core of its range in Eastern Canada. The species is threatened by incidental mortality from agricultural operations, habitat loss and fragmentation, pesticide exposure and bird control at wintering roosts.

Cerulean Warbler

The Cerulean Warbler was added to Schedule 1 of SARA as a species of special concern in 2005. COSEWIC reassessed this species as endangered in November 2010.

About this species

The Cerulean Warbler is a small wood-warbler. The adult male is sky blue above and white below, while the female is blue-green above and whitish below. Both sexes have two prominent white wing bars and white tail spots. The species has generated considerable public, scientific and conservation interest recently due to its beauty, habitat specificity, and international conservation concerns. It is considered an umbrella species that reflects the maintenance of populations of other bird species that require mature deciduous forest habitats.

The Canadian breeding range consists of two main geographic clusters in southwestern and southeastern Ontario, plus a small number of breeding individuals in southwestern Quebec. They can be seen in some of Parks Canada protected heritage places in Ontario such as the Thousand Islands National Park of Canada. On the breeding grounds, Cerulean Warblers are associated with large tracts of mature deciduous forest with tall trees and an open understory. They are found in both wet bottomland forests and upland areas. At a finer spatial scale, canopy configuration (e.g. foliage stratification, gap distribution, tree species distribution) are predictors of habitat suitability.

The species winters in a relatively narrow elevational zone (roughly 500–2 000 m above sea level) in the eastern Andes of South America, from Venezuela to northwestern Bolivia. They are found principally in mature and relatively undisturbed humid forests, but will also use rustic shade-coffee, cardamom and cacao plantations that retain native trees.

Habitat loss and degradation on the wintering grounds are believed to be the primary threats. Massive deforestation of primary montane forests of the northern Andes has occurred in recent decades, and this threat continues. The major threats on the breeding grounds are also related to habitat loss and degradation caused by some forms of intensive logging and the conversion of mature forest to agricultural lands. Habitat fragmentation, which increases nest parasitism by cowbirds and the risk of nest depredation, also seems to be an important threat. Other threats include predicted increases in catastrophic weather events (e.g. severe ice storms and hurricanes) on the breeding grounds and during migration; decreasing habitat quality due to exotic forest pathogens and forest insect outbreaks; and increasing risks of collision with tall structures during migration.

Consultations

No comments were received with regard to the Cerulean Warbler.

Listing rationale

This sky-blue forest songbird is at the northern edge of its breeding range in Canada. Relying on relatively large tracts of undisturbed hardwood forest, it has rather specialized habitat requirements on both its breeding and wintering grounds. Its population has been experiencing significant declines across most of its range since the 1960s, and the present Canadian population is estimated at about only 1 000 individuals. These declines are believed to be driven mostly by loss and degradation of this species' wintering habitat, but it is also threatened by habitat loss and degradation on its breeding grounds in Canada. Also, new information on demographics suggests that chances for population rescue in Canada are lower than previously thought.

Eastern Meadowlark

COSEWIC assessed this species as threatened in May 2011.

About this species

The Eastern Meadowlark is a medium-sized songbird that is a member of the blackbird family. It has a relatively long pointed bill and short tail. Adults are patterned with brown on the back, and have a bright-yellow throat and belly with a large black “V” pattern in the middle of the chest. The white outer tail feathers are especially visible in flight. The Eastern Meadowlark closely resembles the Western Meadowlark — a species found in similar habitat but nesting primarily in western North America. Of the 16 subspecies of Eastern Meadowlarks that are recognized, only one occurs in Canada (Sturnella magna).

Eastern Meadowlarks prefer grassland habitats, including native prairies and savannahs, as well as anthropogenic grassland habitats including non-native pastures, hayfields, weedy meadows, young orchards, herbaceous fencerows and grassy airfields.

Including all subspecies, the Eastern Meadowlark's global breeding range extends from central and eastern North America, south through parts of South America. In Canada, the bulk of the population breeds in southern Ontario, becoming progressively less common through southern Quebec, New Brunswick, and southern Nova Scotia. It has been recorded among others in some of the national historic sites of Eastern Canada such as Beaubassin, Grand-Pré and Fort Beauséjour as well as in the Bruce Peninsula National Park of Canada. Eastern Meadowlarks are short-distance migrants, with most of the Canadian population believed to winter in the south-central and southeastern United States.

Decline in Eastern Meadowlark populations are likely due to habitat loss on the breeding grounds from conversion of forage crops to intensive grain crops and other row crops, reforestation of abandoned farmlands, and urbanization; earlier and more frequent haying during the nesting season, which results in low breeding success; a high (and probably increasing) rate of nest predation; overgrazing by livestock; mortality due to pesticide use on the breeding and wintering grounds; and reduced reproductive output stemming from Brown-headed Cowbird nest parasitism.

Consultations

The Eastern Meadowlark underwent extended consultations from November 2011 to November 2012. Four comments were received, all of them supporting or not opposing the listing of this species as threatened. They came from three First Nations and one individual.

Listing rationale

The Eastern Meadowlark has experienced major changes in population size and breeding range since European settlement. Although its prairie habitat had been lost to cropland by the end of the 19th century, an abundance of surrogate grasslands converted from deciduous forests allowed the expansion of the species breeding range primarily eastward. Since the mid-20th century, however, surrogate grasslands across its range have declined. Although the species' population remains relatively large, it has been undergoing persistent range-wide declines. These declines are likely driven by ongoing loss and degradation of grassland habitat on both the breeding and wintering grounds, coupled with reduced reproductive success resulting from some agricultural practices.

Eastern Wood-pewee

COSEWIC assessed this species as a species of special concern in November 2012.

About this species

The Eastern Wood-pewee is a small forest bird about the same size as a House Sparrow. Both sexes have similar plumage, being generally greyish-olive on the upper parts and pale on the underparts. This species is often observed perched in an upright position typical of flycatchers. During the breeding season, the most reliable way to detect and identify the Eastern Wood-pewee is by hearing its distinctive, clear, three-phrased whistled song, often paraphrased as “pee-ah-wee.”

The Eastern Wood-pewee is mostly associated with the mid-canopy layer of forest clearings and edges of deciduous and mixed forests in Canada, and tends to prefer forest stands of intermediate age and mature stands with little understory vegetation. During migration, a variety of habitats are used by the species including forest edges, early successional clearings, and primary/secondary lowland (and submontane) tropical forests.

The Eastern Wood-pewee breeds from southeastern Saskatchewan to the Maritime Provinces, south to southeastern Texas and east to the U.S. Atlantic coast. About 11% of its global breeding range is in Canada, which accounts for about 8% of the breeding population. The Eastern Wood-pewee can be seen in many of the eastern national parks. Wintering occurs primarily in South America, from northwestern Colombia and northeastern Venezuela south to southern Peru, northern Bolivia and Amazonian Brazil.

Due to an overall lack of scientific research, threats and limiting factors for the Eastern Wood-pewee have not been clearly identified, and are poorly known. Potential threats to this species may include habitat loss and degradation for breeding and wintering grounds due to urban development and forest management change; changes in availability of flying insect prey; high mortality rates during migration; increasing rates of predation; and structural forest change due to White-tailed Deer browsing.

Consultations

Four comments were received specifically pertaining to adding the Eastern Wood-pewee as a species of special concern to Schedule 1 of SARA: three of them supported or did not oppose the listing. The supporting comments came from an environmental non-governmental organization, an industry sector association and a First Nation. The opposing comment came from a business who argues this species is relatively abundant and that listing this species could have significant impacts on their operations.

Eight comments were also received that relate to all the species included in the December 2013 consultation document. Seven of the comments supported or did not oppose the listing, while one comment from a First Nation opposed the addition of all species to SARA, because they anticipated serious impacts on their use of the land.

The details of each opposing comment were presented in the “Consultation” section of this document.

Listing rationale

While being one of the most common and widespread songbirds associated with North America's eastern forests, and despite its apparent resilience to many kinds of habitat changes, the Eastern Wood-pewee has experienced persistent decline over the past 40 years at a 10-year decline rate of 25%. This puts it close to the criteria of the threatened designation, although the lack of understanding on the cause of its decline requires further research to determine proper conservation and management measures. This species may become threatened in the foreseeable future if the population continues to decline.

Grasshopper Sparrow pratensis subspecies

COSEWIC assessed this species as a species of special concern in November 2013.

About this species

The Grasshopper Sparrow pratensis subspecies (hereafter Eastern Grasshopper Sparrow) is a small dull-coloured song bird of grassland habitats. It has a short tail, flat head, conical beige-coloured bill and pink lower mandible. Adults of both sexes have similar plumage: a plain buff-coloured throat and breast; buff, unmarked or faintly marked flanks; whitish belly and upper parts, rump and upper tail coverts mottled with rust. Its summer diet is largely composed of grasshoppers and so the Eastern Grasshopper Sparrow is considered beneficial for agriculture.

In Canada, the Eastern Grasshopper Sparrow typically breeds in large human-created grasslands (≥5 ha), such as pastures and hayfields, and natural prairies, such as alvars. This habitat is characterized by well-drained, often poor soil dominated by relatively low, sparse perennial herbaceous vegetation. The habitat used by the Grasshopper Sparrow in its wintering range is generally similar to that used in the breeding range.

In Canada, the breeding range of the Eastern Grasshopper Sparrow includes extreme southern Quebec and southern Ontario, with the vast majority of birds occurring in Ontario. In the United States, it breeds in all states east of the Midwestern states to the East Coast and south to Georgia and Texas. The Eastern Grasshopper Sparrow winters in the southeastern United States, but also in the Caribbean and Central America.

The main causes of Eastern Grasshopper Sparrow declines include habitat loss caused by the conversion of forage crops and pastures to intensive crop production; habitat fragmentation resulting in high predation rates; and more frequent and earlier hay mowing activities during the breeding season causing nest failure.

Consultations

No comments were received with regard to the Grasshopper Sparrow pratensis subspecies.

Listing rationale

The restriction of the Eastern Grasshopper Sparrow to southern Ontario and southwestern Quebec coupled with persistent, long-term decline in population make this species vulnerable to ongoing threats. These threats include habitat loss, as pastures and hayfields are converted to row crops; habitat fragmentation, which increases predation rates; and early hay-mowing activities that destroy nests.

Hooded Warbler

The Hooded Warbler was listed to Schedule 1 of SARA as threatened upon proclamation of the Act. COSEWIC reassessed this species as not at risk in May 2012.

About this species

This small yellow songbird is readily identified by its distinctive plumage and vocalizations. Adult males have a characteristic black hood, but this feature is reduced or lacking in adult females.

The Hooded Warbler typically nests in shrubs associated with small canopy gaps within large tracts (>100 ha) of mature deciduous or mixed forests in eastern North America. High densities can occur following selective logging, provided many mature trees remain. On the wintering grounds in Mexico, Central America and the Caribbean, there is strong sexual segregation by habitat, with males preferring closed canopy forests and females preferring more open shrubby habitats.

The breeding range of this species has been expanding northwards for at least 40 years. The Canadian breeding distribution is restricted to southern Ontario, where it is considered to be a rare or locally uncommon breeder.

Given the observed increase in the Hooded Warbler population in Canada, habitat availability does not appear to be a limiting factor at present. Climate change appears to be an important factor in the observed range expansion. Some studies in Ontario have found low productivity and suggested that some areas may be acting as ecological sinks. However, there is also evidence that the Hooded Warbler population is very dynamic and is characterized by high levels of immigration and emigration in response to habitat quality. Provided that there is an ongoing supply of suitable habitat, then it is likely that the Hooded Warbler population will continue to be stable or may increase. Loss and degradation of habitat at migration stopover sites and on the wintering grounds have been identified as potential threats, but the magnitude of these threats is unknown.

Consultations

One comment was received that focused specifically on the delisting of the Hooded Warbler. It came from an environmental non-governmental organization and expressed support for the designation change.

Four comments related to all the species included in the December 2012 consultation document were also received, all in favour of the proposed designation changes.

Delisting rationale

In Canada, the range and abundance of this forest-nesting species have increased substantially since the species was last assessed. The species has also experienced a significant long-term increase in abundance in the core of its range in the United States, so there is an outside source for rescue. However, habitat degradation at breeding sites and habitat loss and degradation at migration stopover sites and on the wintering grounds are potential threats.

Western Grebe

COSEWIC assessed this species as a species of special concern in May 2014.

About this species

The Western Grebe is a large and conspicuous waterbird. Adapted for an aquatic lifestyle, with lobed feet set well back on a streamlined body, Western Grebes are powerful swimmers but awkward on land. Their white throat, breast and belly contrast with the black and grey plumage of their crown, neck, back and wings. They have bright red eyes and a long, pointed yellowish-green bill. The Western Grebe has been proposed as a bio-indicator for wetland ecosystems.

Western Grebes nest on marshes and lakes with stands of emergent vegetation, stable water levels, extensive areas of open water, and sufficient populations of prey fish. During migration, they stop mainly on large lakes, but sometimes also use sloughs and river backwaters. On their coastal wintering grounds, they are generally found in sheltered salt or brackish water, in bays, inlets, estuaries, lagoons, and channels.

The Western Grebe breeds in British Columbia, Alberta, Saskatchewan, Manitoba, and throughout the western United States. It is a colonial breeder, with an uneven and clustered breeding distribution. It winters mainly in coastal areas from southern Alaska to Mexico, and on inland lakes, particularly in the southern portion of its range. Large numbers formerly occurred in the Salish Sea (Strait of Georgia, Juan de Fuca Strait, and Puget Sound), but in recent years the wintering distribution has apparently shifted southward to California.

In breeding areas, the primary threats to the Western Grebe are human disturbance of colonies and habitat degradation. Fluctuating water levels during nesting, disturbance leading to predation of eggs, the introduction of non-native fish, recreational and commercial fisheries, declines in prey availability, and chemical pollution and contaminants can also negatively impact breeding success and survival. The Western Grebe is especially vulnerable to large disturbances in coastal areas, including oil spills, harmful algal blooms, bycatch in gillnet fisheries, changes in prey availability, and predation by bald eagles.

Consultations

Three supporting comments were received regarding the addition of the Western Grebe to Schedule 1 of SARA. Two of them were from provincial government departments, while the third one was from an environmental non-governmental organization.

Listing rationale

Although population declines have occurred within the Western Grebe's Canadian wintering area on the Pacific coast, this could largely be the result of a southern shift in wintering distribution rather than a true loss in population size. Nevertheless, on a continental scale, wintering populations have undergone a 44% decline from 1995 to 2010 based on Christmas Bird Count data. Some of this decline may also be the result of declines on the Canadian breeding grounds. In addition, the propensity of this species to congregate in large groups, both in breeding colonies and on its wintering areas, makes its population susceptible to a variety of threats, including oil spills, water level fluctuations, fisheries bycatch, and declines in prey availability.

Wood Thrush

COSEWIC assessed this species as threatened in November 2012.

About this species

The Wood Thrush is a medium-sized neotropical migrant, slightly smaller than the American Robin. Sexes are similar, with adults being generally rusty-brown on the upperparts with white underparts and large blackish spots on the breast and flanks. Juveniles are similar to adults, but have tawny streaks and spots on the back, neck, and wing coverts. Overall, the plumage is quite distinctive, and the Wood Thrush is not likely to be confused with other thrush species or the Brown Thrasher. The Wood Thrush has become a symbol of declining neotropical migrants due to significant declines over much of its range since the late 1970s.

In Canada, the Wood Thrush nests mainly in second-growth and mature deciduous and mixed forests, with saplings and well-developed understory layers. This species prefers large forest mosaics, but may also nest in small forest fragments. Wintering habitat is characterized primarily by undisturbed to moderately disturbed wet primary lowland forests.

The Wood Thrush breeds in southeastern Canada from southern Ontario east to Nova Scotia. It breeds in some of the national parks, such as the Bruce Peninsula, Thousand Islands, Point Pelee and La Mauricie national parks. It also nests across the eastern United States, south to northern Florida and the Gulf Coast. In the west, it ranges from eastern Texas to southeast South Dakota and west-central Minnesota. Wood Thrushes winter in Central America, mainly in lowland and tropical forests along the Atlantic and the Pacific slopes from southern Mexico south to Panama.

Several threats are currently known to affect the Wood Thrush. On the breeding grounds, the main threats include habitat degradation and fragmentation due to development and over-browsing by White-tailed Deer. High rates of nest predation and Brown-headed Cowbird nest parasitism associated with habitat fragmentation also threaten the Wood Thrush. On the wintering grounds, the main threats are habitat loss and degradation.

Consultations

Four comments were received concerning the listing of the Wood Thrush to Schedule 1 of SARA. One environmental non-governmental organization and two First Nations supported or did not oppose listing, while one business indicated opposition. The business argues that this species is relatively abundant and that listing it could have significant impacts on their operations.

Eight comments were also received that relate to all the species included in the December 2013 consultation document. Seven of the comments supported or did not oppose listing, while one comment from a First Nation opposed the addition of all species to SARA, because they anticipated serious impacts on their use of the land.

The details of each opposing comment were presented in the “Consultation” section of this document.

Listing rationale

In Canada, this forest-nesting species has shown significant long- and short-term declines in population abundance. The species is threatened by habitat loss on its wintering grounds and habitat fragmentation and degradation on its breeding grounds. It also suffers from high rates of nest predation and cowbird parasitism associated with habitat fragmentation on the breeding grounds.

Yellow-breasted Chat virens subspecies

The Yellow-breasted Chat virens subspecies was listed to Schedule 1 of SARA as a species of special concern upon proclamation of the Act. COSEWIC reassessed this species as endangered in November 2011.

About this species

The Yellow-breasted Chat is regarded as an unusually large warbler. It has olive-green upper parts, a lemon-yellow chin, throat and breast, and a white belly and undertail coverts. It has a thick bill and a long, rounded tail and rounded wings. Its face is greyish, with black lores and distinctive white “spectacles”. The subspecies virens is found in the eastern half of North America. During the breeding season, chats have a distinctive song characterized by repeated whistles, alternating with harsh chattering clucks and soft caws.

The Yellow-breasted Chat virens subspecies is a shrub specialist, occurring in early successional shrub habitats. It is a flagship bird species for these habitats and members of this guild are declining widely in North America. In Ontario, habitat has declined since the early 1960s, because of land conversion and successional change.

Yellow-breasted Chats breed in North America, south of the boreal forest. The virens subspecies breeds from the east-central Great Plains and eastern Texas eastward, and north to southwestern Ontario. Chats winter in the lowlands of eastern and western Mexico through Central America to western Panama.

For the Ontario population of the virens subspecies, the greatest threats are loss of suitable habitat from land conversion (agriculture/urban) and changes in habitat suitability as a result of natural succession.

Consultations

One comment was received pertaining to the addition of the Yellow-breasted Chat virens subspecies to Schedule 1 of SARA. It came from an environmental non-governmental organization and supported listing the species.

Four comments related to all the species included in the December 2012 consultation document were also received, all in favour of listing.

Listing rationale

This subspecies is a shrub-thicket specialist that occurs at the northern edge of its range in Canada. Its population in southern Ontario is localized and very small. Since the last status report was produced, declines have occurred in the Ontario population owing to habitat loss. The potential for rescue effect has also been dramatically reduced, because population declines are evident across most of the northeastern range of this subspecies.

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to subsection 27(1) of the Species at Risk Act (see 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 such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Mary Jane Roberts, Director, SARA Management and Regulatory Affairs, Canadian Wildlife Service, Environment and Climate Change Canada, Gatineau, Quebec K1A 0H3 (tel.: 1-800-668-6767; fax: 819-938-4066; email: ec.LEPreglementations-SARAregulations.ec@canada.ca).

Ottawa, February 23, 2017

Jurica Čapkun
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 (see footnote 35) is amended by adding the following in alphabetical order under the heading “Birds”:

Chat virens subspecies, Yellow-breasted (Icteria virens virens)

Warbler, Cerulean (Setophaga cerulea)

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

Warbler, Hooded (Wilsonia citrina)

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

Bobolink (Dolichonyx oryzivorus)

Meadowlark, Eastern (Sturnella magna)

Swallow, Bank (Riparia riparia)

Swallow, Barn (Hirundo rustica)

Thrush, Wood (Hylocichla mustelina)

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

Chat virens subspecies, Yellow-breasted (Icteria virens virens)

Warbler, Cerulean (Dendroica cerulea)

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

Grebe, Western (Aechmophorus occidentalis)

Sparrow pratensis subspecies, Grasshopper (Ammodramus savannarum pratensis)

Wood-pewee, Eastern (Contopus virens)

Coming into Force

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

[10-1-o]