Canada Gazette, Part I, Volume 152, Number 24: Order Amending Schedule 1 to the Species at Risk Act

June 16, 2018

Statutory authority
Species at Risk Act

Sponsoring department
Department of the Environment

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

Biodiversity is rapidly declining worldwide as species become extinct.^footnote1 Today's extinction rate is estimated to be between 1 000 and 10 000 times higher than the natural rate.^footnote2 Biodiversity is positively related to ecosystem productivity, health and resiliency ^footnote3 (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 Committee on the Status of Endangered Wildlife in Canada (COSEWIC), a non-governmental, independent scientific body of experts, has assessed the status of the following 31 species in Canada:

1. Baikal Sedge
2. Bear's-foot Sanicle
3. Black-foam Lichen
4. Blue-grey Taildropper Slug
5. Broad-banded Forestsnail
6. Colicroot
7. Common Hoptree
8. Eastern Box Turtle
9. Fascicled Ironweed
10. Flooded Jellyskin
11. Griscom's Arnica
12. Hoptree Borer
13. Lake Erie Watersnake
14. Mountain Crab-eye
15. Phantom Orchid
16. Poweshiek Skipperling
17. Prairie Rattlesnake
18. Proud Globelet
19. Pygmy Pocket Moss
20. Pygmy Slug
21. Sheathed Slug
22. Small White Lady's-slipper
23. Spiked Saxifrage
24. Spiny Softshell
25. Tall Beakrush
26. Tiny Tassel
27. Toothcup (Great Lakes Plains population)
28. Toothcup (Southern Mountain population)
29. Vivid Dancer
30. Wrinkled Shingle Lichen
31. Yukon Podistera

Pursuant to section 27 of the Species at Risk Act (SARA or the Act), the Governor in Council (GIC)^footnote4 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.^footnote5 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 plays a leadership role as federal regulator in order to prevent terrestrial species from becoming extinct at the global scale^footnote6 or extirpated^footnote7 from Canada. The Parks Canada Agency, as the cognizant Department, also contributes to the protection and conservation of these species within its network of protected heritage places,^footnote8 including national parks and national marine conservation areas.

The primary federal legislative mechanism for delivering on this responsibility 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 the proclamation of SARA in 2003, the official list of wildlife species at risk (Schedule 1) included 233 species. Since then, the list has been amended on a number of occasions to add, remove or reclassify species. There are currently 555 species listed on Schedule 1, which classifies species as being extirpated, endangered, threatened, or special concern.^footnote9

With the proclamation of SARA in 2003, the Act established COSEWIC as the body responsible for providing the Minister of the Environment with assessments of the status of wildlife species that are at risk of disappearing from Canada. The assessments are carried out in accordance with section 15 of SARA which, among other provisions, requires COSEWIC to determine the status of species it considers 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.^footnote10

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 Public 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 by way of an order in council published in the Canada Gazette, Part II. 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,

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

If the GIC does not make a decision within nine months of 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, depending on their status, as per the general prohibitions (sections 32 and 33 of SARA).

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

Species Status	Application of General Prohibitions by Type of Species and their Location			General Prohibitions
	Species Protected by the Migratory Birds Convention Act, 1994	Aquatic Species	All Other Listed Species	Protection of Individuals (SARA, Section 32)	Residence Protection (SARA, Section 33)
Special concern	SARA's general prohibitions are not applicable (for species of special concern).			SARA's general prohibitions do not apply.	SARA's residence protection does not apply.
Threatened, endangered, and extirpated	General prohibitions apply everywhere in Canada for migratory birds.	General prohibitions apply everywhere in Canada for aquatic species.	In the provinces, general prohibitions apply only on federal lands.footnote11 In the territories, general prohibitions apply only on federal lands under the authority of the Minister of the Environment or the Parks Canada Agency.	Protection for individuals of the species 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.	It is an offence to damage or destroy the residence of one or more individuals of a species. The residence of extirpated species is only protected if a recovery strategy recommends reintroduction into the wild in Canada.

On non-federal lands, listed species that are not an aquatic species or a migratory bird protected by the Migratory Birds Convention Act, 1994 (MBCA) can only be protected under SARA by an order made by the Governor in Council, on the recommendation of the Minister of the Environment.^footnote12 The Minister of the Environment must recommend that such an order be made if the Minister is of the opinion that the laws of the province or territory do not effectively protect the species or the residences of its individuals.

Permits issued under SARA

A person intending to engage in an activity affecting a listed species, any part of its critical habitat or the residences of its individuals that is prohibited under SARA, may apply to the competent minister^footnote13 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:

• (a) the activity is scientific research relating to the conservation of the species and conducted by qualified persons;
• (b) the activity benefits the species or is required to enhance its chance of survival in the wild; or
• (c) affecting the species is incidental to the carrying out of the activity.^footnote14,^footnote15

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

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

Section 74 of SARA allows for a competent minister to issue permits under another Act of Parliament (e.g. the Canada National Parks Act) to engage in an activity that affects a listed wildlife species, any part of its critical habitat or the residences of its individuals, and have the same effect as those issued under subsection 73(1) of SARA, if certain conditions are met. This is meant to reduce the need for multiple authorizations.

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 the listed species. For species of special concern, a management plan must be developed within three years of listing.

SARA states that a proposed recovery strategy must be posted on the SAR Public Registry:

• Endangered species: within one year of listing; and
• Threatened and extirpated species: within two years of listing.

Recovery strategies include

• the description of the species;
• the identification of threats to species survival;
• the identification of critical habitat (i.e. the habitat necessary for recovery or survival) or a schedule of studies required for the identification of critical habitat;
• the statement of the population and distribution objectives for the species (i.e. the number of individuals, populations and/or geographic distribution of the species required to successfully recover the species); and
• a statement of the time frame for the development of one or more action plans.

Recovery strategies must be prepared in cooperation with

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

To the extent possible, recovery strategies must also be prepared in consultation with landowners (including provinces and territories) or other persons whom the competent minister considers to be directly affected by the strategy.

Once a recovery strategy has been posted as final, the competent minister must then prepare one or more action plans based on the recovery strategy. Action plans are also prepared in consultation with the above-mentioned organizations and persons. SARA does not mandate timelines for their preparation or implementation; rather, these are set out in the recovery strategy. Action plans must include

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

Protection of critical habitat

Requirements under SARA for the protection of critical habitat depend on whether the species are aquatic species, migratory birds protected under the MBCA, or other species, as well as whether these species are found on federal lands, in the exclusive economic zone, on the continental shelf of Canada or elsewhere in Canada.

When critical habitat or portions of critical habitat have been identified on federal lands, in the exclusive economic zone of Canada or on the continental shelf of Canada, SARA requires that it be legally protected within 180 days of its identification in a recovery strategy or an action plan. Protection can be achieved through provisions in or measures under SARA or any other Act of Parliament, including conservation agreements under section 11 of the Act.

If critical habitat is located in a migratory bird sanctuary under the MBCA, in a national park included in Schedule 1 of the Canada National Parks Act (CNPA), in the Rouge National Urban Park established by the Rouge National Urban Park Act, in a marine protected area under the Oceans Act, or in a national wildlife area under the Canada Wildlife Act, the competent minister must publish a description of that critical habitat in the Canada Gazette within 90 days of the date that the critical habitat was identified in a final recovery strategy or action plan. Ninety days after a description of the critical habitat is published in the Canada Gazette, the critical habitat protection under subsection 58(1) of SARA (i.e. prohibiting the destruction of critical habitat) comes into effect automatically, and the critical habitat located in the federally protected area is legally protected under SARA.

In the case of a critical habitat identified on federal land but not found in the federal protected areas listed in the previous paragraph, the competent minister must, within 180 days following the identification of the habitat in a final posted recovery strategy or action plan, make a ministerial order under subsection 58(4) of SARA prohibiting the destruction of the critical habitat. If a ministerial order is not made within 180 days, the competent minister must publish on the SAR Public Registry a statement explaining how the critical habitat (or portions of it) is protected under SARA or another Act of Parliament, including conservation agreements under section 11 of SARA.

If the critical habitat of a migratory bird species protected by the MBCA is located outside federal lands, the exclusive economic zone, the continental shelf of Canada or a migratory bird sanctuary under the MBCA, the critical habitat will be protected only once the Governor in Council has made an order to that effect, following recommendation from the competent minister.

For portions of critical habitat for species other than aquatic species or species protected under the MBCA, on non-federal lands, SARA considers the protection of the critical habitat by other governments (e.g. provinces, territories). In the event that critical habitat is not protected in these areas, the Governor in Council may, by order, apply the SARA prohibition against destruction of that critical habitat. In cases where the Minister of the Environment is of the opinion that critical habitat on non-federal lands is not effectively protected by the laws of a province or territory, by another measure under SARA (including agreements under section 11) or through any other federal legislation, the Minister must recommend an order to the Governor in Council to apply the SARA prohibition against destruction of critical habitat on non-federal lands. Before making the recommendation, the Minister must consult with the appropriate provincial or territorial minister. In all cases, the Governor in Council makes the final decision whether to proceed with the order to protect the critical habitat in question.^footnote16

Management of species of special concern

The addition of a species of special concern to Schedule 1 of SARA serves as an early indication that the species requires attention. Triggering the development of a management plan at this stage enables the species to be managed proactively, maximizes the probability of success, and is expected to avoid higher-cost measures in the future.

The management plan includes conservation measures deemed appropriate to preserve the wildlife species and avoid a decline of its population. It is developed in cooperation with the relevant provincial and territorial governments, other federal government departments, wildlife management boards, Indigenous partners and organizations, and any appropriate stakeholders, and must be posted within three years of the species being listed.

New designatable units

Through the definition of wildlife species as a "species, subspecies, varieties or geographically or genetically distinct population of animal, plant or other organism," SARA recognizes that conservation of biological diversity requires protection for taxonomic entities below the species level (i.e. designatable units), and gives COSEWIC a mandate to assess those entities when warranted. These designatable units and their proposed classification (e.g. endangered, threatened, species of special concern) are presented in COSEWIC assessments in the same way as with other wildlife species. In some cases, based on scientific evidence, wildlife species that were previously assessed may be reassessed and recognized to include fewer, additional or different designatable units. COSEWIC will publish assessments and classifications for any designatable units that may or may not correspond to the previously recognized wildlife species.

Should COSEWIC assess a newly defined designatable unit at the same classification level as the originally listed wildlife species, Schedule 1 should also be amended to reflect this more current listing of the species, consistent with the best available scientific information.

Objectives

The objective of the proposed Order Amending Schedule 1 to the Species at Risk Act (the proposed Order) is to help maintain Canada's biodiversity and the well-being of Canadian ecosystems by preventing wildlife species from becoming extirpated from Canada or extinct and to contribute to their recovery, as well as to respond to COSEWIC's recommendations.

Description

The proposed Order pertains to 31 species found across all of Canada, with the majority of species being found in British Columbia, Ontario, and Quebec. These species were grouped together because the actions being considered under the proposed Order are anticipated to have a low impact on Indigenous peoples and stakeholders.

Of the 31 species,

• 12 species would be listed or reclassified as species of special concern;
• 7 species would be reclassified between threatened and endangered;
• 9 species would be listed as threatened, endangered or extirpated;
• 1 species is now recognized as two new designatable units and would be listed at the same level of protection (endangered or threatened) as the previously recognized species (endangered); and
• 1 species would be removed from the list.

These proposed changes can be found in tables 2 to 5 below. A detailed description of each species, their ranges and threats can be found in Annex 1. Additional information on these species can also be found in the COSEWIC status reports.^footnote17

Table 2: Proposed addition of 17 wildlife species to Schedule 1 of SARA

Common name (Scientific name)	Proposed status
Reptiles
Rattlesnake, Prairie (Crotalus viridis)	Special concern
Turtle, Eastern Box (Terrapene carolina)	Extirpated
Molluscs
Forestsnail, Broad-banded (Allogona profunda)	Endangered
Globelet, Proud (Patera pennsylvanica)	Endangered
Slug, Pygmy (Kootenaia burkei)	Special concern
Slug, Sheathed (Zacoleus idahoensis)	Special concern
Arthropods
Borer, Hoptree (Prays atomocella)	Endangered
Dancer, Vivid (Argia vivida)	Special concern
Plants
Arnica, Griscom's (Arnica griscomii ssp. griscomii)	Threatened
Beakrush, Tall (Rhynchospora macrostachya)	Endangered
Ironweed, Fascicled (Vernonia fasciculata)	Endangered
Podistera, Yukon (Podistera yukonensis)	Special concern
Saxifrage, Spiked (Micranthes spicata)	Special concern
Lichens
Lichen, Black-foam (Anzia colpodes)	Threatened
Lichen, Wrinkled Shingle (Pannaria lurida)	Threatened
Mountain Crab-eye (Acroscyphus sphaerophoroides)	Special concern
Mosses
Tassel, Tiny (Crossidium seriatum)	Special concern

Table 3: Proposed reclassification of 11 wildlife species to Schedule 1 of SARA

Common name (Scientific name)	Proposed status change
Reptiles
Softshell, Spiny (Apalone spinifera)	Threatened to endangered
Watersnake, Lake Erie (Nerodia sipedon insularum)	Endangered to special concern
Molluscs
Taildropper, Blue-grey (Prophysaon coeruleum)	Endangered to threatened
Arthropods
Skipperling, Poweshiek (Oarisma poweshiek)	Threatened to endangered
Plants
Colicroot (Aletris farinosa)	Threatened to endangered
Hoptree, Common (Ptelea trifoliata)	Threatened to special concern
Lady's-slipper, Small White (Cypripedium candidum)	Endangered to threatened
Orchid, Phantom (Cephalanthera austiniae)	Threatened to endangered
Sanicle, Bear's-foot (Sanicula arctopoides)	Endangered to threatened
Sedge, Baikal (Carex sabulosa)	Threatened to special concern
Lichens
Jellyskin, Flooded (Leptogium rivulare)	Threatened to special concern

Table 4: Split in population designation of a currently listed wildlife species under Schedule 1 of SARA

Common name (Scientific name)	Proposed status
Plants
Toothcup (Rotala ramosior) Great Lakes Plains populationfootnote18	Threatened
Toothcup (Rotala ramosior) Southern Mountain populationfootnote18	Endangered

Table 5: Removal of 1 wildlife species from Schedule 1 of SARA

Common name (Scientific name)	Proposed status change
Mosses
Moss, Pygmy Pocket (Fissidens exilis)	Special concern to not at risk

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 scenario and a scenario in which the proposed Order is implemented over the same period. The baseline scenario includes activities ongoing on federal lands where a species is found, and incorporates any projected changes over the next 10 years (2018–2027) that would occur without the proposed Order in place.

An analytical period of 10 years (2018–2027) was selected, as the status of the species must be reassessed by COSEWIC every 10 years.^footnote19 Unless otherwise noted, costs provided in present value terms are discounted at 3% over the period of 2018–2027, and all monetary values are in 2017 constant dollars.

Overall, costs associated with the proposed Order are expected to be low.

Benefits

Overall, the proposed Order is expected to benefit the environment and culture of Canadians.

Endangered, threatened and extirpated species would benefit from the development of recovery strategies and action plans that identify the main threats to their survival, as well as identify, when possible, the habitat that is necessary for their survival and recovery in Canada. Species of special concern would benefit from the development of a management plan, which includes measures for the conservation of the species. These documents would enable coordinated action by responsible land management authorities wherever the species are found in Canada. Improved coordination among authorities increases the likelihood of species survival. This process would also provide an opportunity to consider the impact of measures to recover the species and to consult with Indigenous peoples and stakeholders. These activities may be augmented by actions from local governments, stakeholders and/or Indigenous peoples to protect species and habitats, for example, through projects funded through the Habitat Stewardship Program,^footnote20 which requires support and matching funds from other sources. These projects enhance the ability to understand and respond effectively to the conservation needs of these species and their habitats.

The special concern designation would also serve as an early indication that the species requires attention due to a combination of biological characteristics and identified threats. This helps to manage the species proactively, maximizing the probability of success and potentially preventing higher-cost measures in the future.

For species that are being down-listed to species of special concern, an incremental benefit would be that management efforts for the species would reflect the best available scientific information, as provided by COSEWIC, in order to ensure that the species are protected according to the purposes of SARA, while minimizing impacts on stakeholders, Indigenous peoples and resources. Since for these species SARA's general prohibitions would no longer apply, there could be avoided costs to Indigenous peoples and stakeholders who would no longer need to apply for a permit or mitigate their practices to respect the prohibitions.

A benefit of reclassifying species from threatened to endangered or vice versa will be that the designation will be consistent with the best available scientific information, as provided by COSEWIC, thus allowing for better decision-making regarding the species in terms of its conservation prioritization. For the four species being recommended for up-listing from threatened to endangered, the reclassification would also provide national recognition that these species are facing higher risks of extirpation or extinction.

It is also important to note that preventing the extinction or extirpation of a given species (via a diversity of actions, including those taken under SARA, such as this proposed Order) is an integral part of maintaining biodiversity in Canada and conserving Canada's natural heritage. More diverse ecosystems are generally more stable, and thus the benefits (i.e. goods and services) they provide are also more stable over time. For example, it can be noted that

• Plants, like the Common Hoptree, have a long history of medicinal uses by Indigneous peoples.^footnote21
• Lichens can be a source of medicine, including antibiotics, as well as natural dyes and food.^footnote22
• Terrestrial molluscs, in general, play a key role in ecosystem functioning through processes such as nutrient cycling, soil building, and decomposition, providing food and essential nutrients to other wildlife.^footnote23
• Many species enable research efforts into broader ecosystem effects. For example, lichens absorb pollutants in the air, which scientists can then extract to understand chemicals present in the atmosphere.^footnote24 Another example, the Pygmy Slug, is used in research of glacial history and evolutionary relationships.^footnote25

Some of the species in the proposed Order also have important cultural significance for Indigenous peoples. For example, the genus of the Pygmy Slug was named after the traditional land of the Kootenay First Nation, where the species was historically found.^footnote26

Many people derive well-being from simply knowing that a species exists now, and/or for future generations. Although no quantitative estimates of the existence value of these species are available, studies on other at-risk species indicate that society does place substantial value on vulnerable species especially for charismatic, symbolic, or emblematic species.^footnote27,^footnote28

Canadian residents and firms may hold a value associated with the preservation of genetic information that may be used in the future for biological, medicinal, genetic engineering, and other applications. Moreover, economic theory suggests there is a benefit to erring on the side of avoiding an irreversible outcome such as extinction.^footnote29

Given that the costs associated with the proposed Order are expected to be low (see below), a complete analysis of how Canadians benefit from the ecosystem goods and services associated with these species was not conducted.

Costs

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

• Costs to Indigenous peoples and to stakeholders of complying with general prohibitions on First Nation reserves or other federal lands;
• Costs to the Government of Canada for recovery strategy, action plan or management plan development, permit applications and issuance, compliance promotion and enforcement:
• There may also be costs to Indigenous peoples and stakeholders for voluntarily participating in the process of recovery strategy, action plan or management plan development. These costs could vary widely depending on the species in question and the chosen level of engagement, and so could not be estimated;
• Potential implications of a ministerial critical habitat protection order on federal lands, if one is required in the future.

As indicated above, if critical habitat is identified on federal land, it must be protected. This protection can be afforded by existing federal laws or by provisions under SARA, including conservation agreements, publication of the description of critical habitat where it is found in a protected area, or the issuing of a ministerial order to prohibit the destruction of critical habitat on federal lands.

Since critical habitat is only identified in a recovery strategy or action plan following the listing stage in Schedule 1 of SARA, the extent of critical habitat identification is unknown. Thus, the need for, and the form of, future critical habitat protection measures on federal lands are not known at the time of the listing. Hence, the analysis of potential changes to critical habitat protections resulting from this proposed Order is illustrative, based on the best available information at this stage.

It is important to note a distinction regarding critical habitat on non-federal lands. If any critical habitat identified on non-federal lands is, in the opinion of the Minister, insufficiently protected, she must make a recommendation to the Governor in Council for a critical habitat protection order. The Governor in Council has the discretion to determine the scope of the order and whether or not an order should be made. Therefore, the potential for critical habitat protection on non-federal lands is not considered an incremental impact of the proposed Order.

Analysis of costs by species group

The Department of the Environment's assessment of the proposed Order indicated that the cost impacts would be low. This is because each species falls within at least one of four groups associated with minimal costs and impacts on Indigenous peoples and stakeholders, as described below.

(1) Proposed listing as species of special concern

Twelve species are proposed for listing or reclassification as species of special concern: Baikal Sedge, Common Hoptree, Flooded Jellyskin, Lake Erie Watersnake, Mountain Crab-eye, Prairie Rattlesnake, Pygmy Slug, Sheathed Slug, Spiked Saxifrage, Tiny Tassel, Vivid Dancer, and Yukon Podistera.

As previously indicated, SARA's general prohibitions do not apply to species of special concern, meaning that the listing of these species does not create any incremental costs to Indigenous peoples and stakeholders. The identification of critical habitat is also not conducted. Instead, a management plan must be prepared and published within three years of listing.

The development of management plans is expected to cost the Government of Canada approximately $10,000 per species, for an undiscounted total of $120,000 for the species in this group.

(2) Proposed reclassification from threatened to endangered and vice versa

Seven species are proposed for reclassification as threatened to endangered or vice versa: Bear's-foot Sanicle, Blue-grey Taildropper, Colicroot, Phantom Orchid, Poweshiek Skipperling, Small White Lady's-slipper, and Spiny Softshell.

Endangered and threatened species receive identical protections. The requirements for preparing recovery strategies and action plans and identifying critical habitat are also the same for these species. The only difference between the two statuses is the mandated timelines to publish the recovery strategies, which is within one year of listing for endangered species and two years for threatened species. Therefore, these reclassifications do not result in new costs to Indigenous peoples and stakeholders.

Updates to the recovery strategies and action plans for these species would be required following reclassification. However, the cost of updating these documents would be less than the development of new recovery strategies and action plans. It is estimated that the cost to Government of updating recovery strategies and action plans is between $3,000 and $10,000 per document per species. The total undiscounted cost to Government for this group is estimated to be up to $112,000.

(3) Species not found on federal lands

Four species have not been found on federal lands, and were assessed by COSEWIC as endangered, threatened or extirpated: Eastern Box Turtle, Fascicled Ironweed, Proud Globelet, and Tall Beakrush.

Given that search efforts have not recorded any populations of these species on federal lands, the general prohibitions would not be expected to be triggered, resulting in no new impacts on Indigenous peoples or stakeholders.

Efforts to recover these species through the development of both a recovery strategy and an action plan are estimated to cost the Government of Canada between $40,000 and $50,000 per species. The total undiscounted cost to the Government of Canada for the species in this group is therefore estimated to total $160,000 to $200,000.

(4) Species known to be found on Parks Canada properties

Five species were assessed to have known occurrences on federal properties, limited to national parks and national historic sites managed by Parks Canada.

Table 6: National parks of Canada and national historic sites of Canada where five species proposed to receive new protections are known to be found

	Cape Breton Highlands National Park, Nova Scotia	Forillon National Park, Quebec	Gros Morne National Park, Newfoundland	Kejimkujik National Park and National Historic Site, Nova Scotia	Point Pelee National Park, Ontario	Port au Choix National Historic Site, Newfoundland
Black-foam Lichen (threatened)	X			X
Broad-banded Forestsnail (endangered)					X
Griscom's Arnica (threatened)		X	X			X
Hoptree Borer (endangered)					X
Wrinkled Shingle Lichen (threatened)				X

Although SARA's general prohibitions will apply across the Parks Canada Agency's network of protected heritage places upon listing, species are already afforded protection in the aforementioned national parks and national historic sites under the Canada National Parks Act (CNPA). Moreover, although neither the critical habitat nor activities likely to destroy critical habitat are known at the time of listing, habitat in national parks and national historic sites already receives protection under the CNPA and its regulations. For example, in national parks, the maintenance or restoration of ecological integrity, through the protection of natural resources and natural processes, is the priority of the Minister when considering all aspects of parks management, as per subsection 8(2) of the CNPA. It is prohibited to remove, deface, damage or destroy flora, fauna or natural objects in a park without a permit, or to carry out any action that unreasonably interferes with fauna in a park. ^{footnote 30} Furthermore, under section 25 of the CNPA it is an offence to traffic in any wild animal, in any plant or in any other naturally occurring object taken in or from a park. Considering the existing federal legislative protections in place, the incremental costs on Parks Canada Agency lands and waters are anticipated to be negligible.

Creating both a recovery strategy and an action plan for a species is estimated to cost between $40,000 and $50,000. Species in this group will also require compliance promotion and enforcement efforts, with an estimated cost of $10,000 for compliance promotion in the first year, and an annual enforcement cost of approximately $30,180 per year. The total undiscounted cost to the Government of Canada for the species in this group is estimated to be between $511,800 and $561,800.

(5) Listed species proposed to be split into newly defined designatable units, while retaining the same level of protection

Based on the best available scientific information, COSEWIC may reassess and recognize species to include fewer, additional, or different designatable units. Changes to Schedule 1 of SARA would be required to reflect the new taxonomy.

Specifically, in the proposed Order, the Toothcup has been divided by COSEWIC into two separate populations: Great Lakes Plains population and Southern Mountain population. In its assessments, COSEWIC has determined the status to be threatened and endangered for the Great Lakes Plains population and the Southern Mountain population respectively. The proposed amendment would provide for a species listing consistent with the latest available scientific information.

Minimal costs are expected for the Southern Mountain population, as it was previously listed as endangered. No incremental impact is expected, though some costs would be associated with updating the current recovery documents to reflect the changes. The Great Lakes Plains population would be reclassified from endangered to threatened and would require updates to its recovery strategy and action plan. It is estimated that the cost to Government of updating the recovery strategy and action plan can be as much as $10,000 per document; this cost is dependent on the scale of update required. The total undiscounted cost to Government for this group is estimated to be $3,000.

(6) Species proposed to be removed from Schedule 1

The Pygmy Pocket Moss was assessed by COSEWIC and it is now considered to no longer be at risk. The species is proposed to be de-listed from a species of special concern to a species not at risk.

There are no incremental costs for de-listing.

(7) Cost summary

Given the analysis above, the overall costs to the Government of Canada of listing these species are anticipated to be low, and no costs are anticipated for Indigenous peoples and stakeholders. Costs would arise from the development of recovery strategies, action plans or management plans that are required when a species is listed under SARA, and from compliance promotion and enforcement activities.

Administrative costs

Based on the list of species included in the proposed Order, the overall cost to Government was estimated at $778,000 to $856,000 over 10 years (2018–2027), discounted at 3% to a base year of 2017.

The extent of future critical habitat protection is undetermined at this stage, but an analysis of species occurrences relative to land tenure and current protections suggests that no associated costs are expected.

Permitting costs

Although it is not certain that additional permit requirements would be triggered as a result of the proposed Order, permits would be required for activities that would otherwise be prohibited under SARA. For the Parks Canada Agency, permits that have the same effect as a permit issued under subsection 73(1) of SARA, as provided for by section 74 of SARA, may be issued under the CNPA. In either case, the SARA permit or CNPA authorization contain terms and conditions considered necessary for protecting the species, minimizing the impact of the authorized activity on the species or providing for its recovery.

In general, the incremental costs to the Government of Canada for SARA-compliant permit applications is $500 per permit, including costs associated with reviewing permits, assessing applications, and communicating with applicants.

On the part of permit applicants that are businesses or researchers, applying for SARA permits for scientific or beneficial activities where a previous CNPA permit was required usually involves incremental costs estimated at $300 per permit.

On the part of permit applicants that are from industry, applying for a SARA permit where affecting the species is incidental to the carrying out of the activity, and a previous CNPA permit was required, is estimated to cost about $600, varying with species and activities involved.

For permits, the administrative costs to the Government are estimated at $6,865 undiscounted over 10 years. Government applicants that apply for a permit within national parks would assume a cost of up to $654 per species found in a national park, or $3,270 undiscounted over 10 years.

For permits related to high-impact development projects, costs could rise to the tens of thousands of dollars. However, many such projects would undergo an environmental assessment (EA) process that requires proponents to gather large amounts of information on species at risk, and in such cases the costs associated with gathering this information are not fully attributable to the listing of the species under SARA.

Implications for environmental assessments

There could be some implications for projects^{footnote 31} required to undergo an environmental assessment by or under an Act of Parliament (hereafter referred to as a federal EA). However, any costs are expected to be minimal relative to the total costs of performing a federal EA. Once a species is listed in SARA Schedule 1, under any designation, additional requirements under section 79 of SARA are triggered for project proponents and government officials undertaking a federal EA. These requirements include identifying all adverse effects that the project could have on the species and its critical habitat and, if the project is carried out, to ensure that measures are taken to avoid or lessen those effects and to monitor them. However, the Department of the Environment always recommends to proponents in EA guidelines (early in the EA process) to evaluate effects on species already assessed by COSEWIC that may become listed on Schedule 1 of SARA in the near future, so these costs are likely already incorporated in the baseline scenario.

"One-for-One" Rule

Although the number of permit applications that would be triggered as a result of the proposed Order is unknown, preparing the permit application would represent an administrative cost to the applicants. Therefore, the amendments are considered to be an "IN" under the Government of Canada's "One-for-One" Rule.

There are five species for which incremental permit applications under SARA may be foreseeable, because they are being newly listed as threatened or endangered and are found within national parks. They are as follows: Black-foam Lichen, Broad-banded Forestsnail, Griscom's Arnica, Hoptree Borer and Wrinkled Shingle Lichen. For the reasons outlined in the "Benefits and costs" section above, all other species in the proposed Order are unlikely to trigger permit applications. Therefore, to be conservative, on the part of businesses and researchers, it is assumed that one permit may be requested per national park per species (eight in total) where each of these species are known to occur. Further, five assessments, one per species, may result in an additional five permit applications by Parks Canada for projects on Parks Canada lands. Therefore, up to 13 potential permit applications could be received in the 10 years following listing.

Based on data on previously requested permits, it is also assumed that five of these applications would be for a permit where affecting the species is incidental to the carrying out of the activity and could be prepared by businesses. The remaining three permit applications would be for research or activities that benefit the species, and would be prepared by academic institutions or other research organizations (e.g. non-governmental organizations, universities, governments). Furthermore, for properties that already require a permit under another Act of Parliament for an activity to take place (e.g. national park, national wildlife area), the permit application cost would only be the additional cost required to make the permit compliant with SARA, which is estimated to be approximately a quarter of the effort of a new permit application (or about seven hours of the applicant's time). An incidental permit application could therefore give rise to $85 in one-time annualized administrative costs on the part of the business applicant or $292 for all incidental permit applications (2012 Canadian dollars discounted at 7% to a base year of 2012).

Small business lens

The small business lens does not apply to this proposal, as the nationwide cost impacts of the proposal are below $1 million per year and any potential costs for small businesses are not considered disproportionately high.

Consultation

Under SARA, the independent scientific assessment of the status of wildlife species conducted by COSEWIC and the decision made by the GIC to afford legal protection by listing a wildlife species on Schedule 1 of the Act are two distinct processes. This separation guarantees that the panel of scientists may work independently when assessing the status of wildlife species and that Canadians have the opportunity to participate in the decision-making process of determining whether or not wildlife species will be listed under SARA to receive legal protections.

The Government of Canada recognizes that the conservation of wildlife is a joint responsibility and that the best way to secure the survival of species at risk and their habitats is through the active participation of all those concerned. SARA's preamble stipulates that all Canadians have a role to play in preventing the disappearance of wildlife species from Canada's lands. One of the ways that Canadians can get involved is by sharing comments concerning the addition, reclassification, or removal of species to Schedule 1 of SARA. Comments are considered in relation to the potential consequences of whether or not a species is included on Schedule 1, and comments received from those who will be most affected by the proposed changes are given particular attention. All comments received are considered by the Minister when making listing recommendations to the Governor in Council.

The Department of the Environment begins initial public consultations with the posting of the Minister's response statements on the SAR Public Registry within 90 days of receiving a copy of an assessment of the status of a wildlife species from COSEWIC. Indigenous peoples, stakeholders, organizations, and the general public are also consulted by means of a publicly posted document titled Consultation on Amending the List of Species under the Species at Risk Act: Terrestrial Species. This was published in January 2016 (16 species)^{footnote 32} and January 2017 (14 species)^{footnote 33} for the species included in this proposed Order. For the remaining species, Toothcup (Southern Mountain population), no further consultations were undertaken for the proposed listing. Since the COSEWIC assessment confirms the current endangered classification of Toothcup under Schedule 1 of SARA, no new impacts are expected for Indigenous peoples or stakeholders. For this species, activities would continue to be undertaken in a manner consistent with the purposes and according to the timelines identified in the Species at Risk Act.

The consultation documents provide information on the species, including the reason for their designation, a biological description and location information. They also provided an overview of the SARA listing process. These documents were distributed directly to over 2 600 individuals and organizations, including Indigenous peoples and organizations, provincial and territorial governments, various industrial sectors, resource users, landowners and environmental non-governmental organizations (ENGOs) with an interest in a particular species.

Consultation results summary

The Department of the Environment received 49 comments pertaining to the species included in this proposed Order. Comments were received from provinces, territories, federal agencies, Indigenous peoples, Indigenous organizations, wildlife management boards, and ENGOs. All comments received supported, did not oppose, or acknowledged the modifications to Schedule 1 of SARA. Specifically, 31 comments were supportive, 12 did not oppose, and 6 acknowledged receipt. These 6 acknowledgments were received from First Nations either acknowledging receipt of the consultation document or indicating that their Nation was not able to respond to the consultation request.

Listing comments

Four comments were received regarding the entire 2016 consultation package, all from First Nations. Three comments did not oppose the proposed listing of any of the species in the package. The remaining comment was from a First Nation that simply acknowledged receipt of the consultation documents.

In addition, during the 2016 consultation, an ENGO advised caution when considering the down-listing of Common Hoptree, Flooded Jellyskin, and Lake Erie Watersnake. The Department notes these concerns and is proposing to down-list these species based on an improved understanding of the number of individuals of Common Hoptree, the habitat requirements of Flooded Jellyskin, and the increased prey base of Lake Erie Watersnake. There is an overall reduction in risk for these species.

Three comments were also received regarding the entire 2017 consultation package, all of which were from First Nations. Two of these comments generally supported the listing of species in the consultation package. The remaining First Nation indicated that it could not provide a fulsome review of the entire consultation document at the time, though it did provide a species-specific comment during the same consultation.

Other comments

Seven general comments were also received during these consultation periods, from First Nations and individuals. These comments were not directly related to the proposed listing of these species.

During the 2016 consultation, one First Nation requested that the Department of the Environment provide a meaningful consultation process in a broader context rather than a listing or batch specific process. Four comments were received from individuals, three of which were inquiries about the SARA process and one expressed concern about further federal government regulation.

During the 2017 consultation, two First Nations indicated a need for support from the Government of Canada to allow for the capacity to respond to these consultation efforts.

Canada has committed to a renewed, nation-to-nation relationship with Indigenous peoples based on recognition of rights, respect, co-operation and partnership. In line with this commitment, the Department of the Environment is taking measures to have meaningful consultations with Indigenous peoples and organizations in the interest of respect, co-operation and partnership.

Details on species-specific comments can be found in Annex 1.

Rationale

Biodiversity is crucial to ecosystem productivity, health and resiliency, yet is rapidly declining worldwide as species become extinct.^{footnote 34} The proposed Order would support the survival and recovery of 30 species at risk in Canada,^{footnote 35} thus contributing to the maintenance of biodiversity in Canada.In the case of endangered or threatened species, they would be protected on federal lands through the general prohibitions of SARA, including prohibitions on killing, harming, harassing, capturing, possessing, collecting, buying, selling and trading. In addition, these species would benefit from the development of recovery strategies and action plans that identify the main threats to species survival or recovery, as well as identify, when possible, the critical habitat that is necessary for their survival and recovery in Canada. Species listed as special concern would benefit from the development of a management plan, which includes measures for the conservation of the species.

In 1992, Canada signed the United Nations Convention on Biological Diversity, which committed the federal government to "[conserve] biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out the utilization of genetic resources."^{footnote 36} SARA was designed as a key tool for the conservation and protection of Canada's biological diversity, and the proposed Order helps fulfill this important commitment under the Convention.

A strategic environmental assessment concluded that the proposed Order would result in important positive environmental effects. Specifically, it was determined 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 2016–2019 (FSDS).^{footnote 37} The proposed amendments to Schedule 1 of SARA would have important environmental effects and support the goal of "healthy wildlife populations" of the FSDS. Under this goal, these proposed amendments would help fulfill the target that "by 2020, species that are secure remain secure, and populations of species at risk listed under federal law exhibit trends that are consistent with recovery strategies and management plans."

In summary, listing of the species would benefit Canadians in many ways, yet no major costs would be borne by Indigenous peoples or stakeholders. The costs to Government are expected to be relatively low.

Implementation, enforcement and service standards

Following the listing, the Department of the Environment and the Parks Canada Agency 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. Outreach would be targeted to potentially affected Indigenous peoples and stakeholders where applicable in order to

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

These objectives may be accomplished, where applicable, through the creation and dissemination of information products explaining the prohibitions on federal lands where they relate to those 18 species,^{footnote 38} the recovery planning process that follows listing and how Indigenous peoples and stakeholders can get involved, as well as general information on each of the species. These resources will be posted on the SAR Public Registry. Mail outs and presentations to targeted audiences may also be considered as appropriate.

In Parks Canada Agency heritage places,^{footnote 39} 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 enforcement officers designated under the Act with inspection and search and seizure powers. 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.

As stated above, section 73 of SARA allows individuals to apply to the competent Minister for a permit to engage in an activity affecting a listed wildlife species, its critical habitat or the residences of its individuals. Upon notifying an applicant that their application for a section 73 permit is received, the Minister has 90 days to either issue or refuse to issue the permit.^{footnote 40}

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

Contact

Mary Jane Roberts
Director
Species at Risk Act Management and Regulatory Affairs
Canadian Wildlife Service
Environment and Climate Change Canada
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

Baikal Sedge — down-list to species of special concern

About this species

This species is currently listed as threatened on Schedule 1 of SARA. COSEWIC reassessed this species as a species of special concern in 2016.

The Baikal Sedge is a tufted perennial plant with long rhizomes. As the flowers mature, the slim stems arch and droop, and the heavy fruiting heads sometimes touch the ground. In Canada, this species is restricted to 16 sites in 10 dune fields in the southwest Yukon. This dune ecosystem, which was once widespread, is no longer common in Canada, resulting in the restriction of potential sites for Baikal Sedge.

Consultations

Consultations were undertaken for this species in January 2017. Two comments were received specific to this species. One comment from a territorial government supported the COSEWIC assessment, while one comment from a federal agency recommended that new threats in a national park be accounted for when considering the down-listing.

Three general listing comments were also received from First Nations, which are described in the "Consultation" section in the main body of this document.

Down-listing rationale

The main threat to this species is habitat loss due to natural succession and fire suppression. Other threats driving recent declines include habitat degradation from off-road recreational vehicle use, the introduction of invasive plants resulting in competitive exclusion, and habitat loss through housing development.

Since the last assessment, 11 subpopulations have been found, reducing the known risk to the Canadian population of 16 subpopulations.

A down-listing from threatened to species of special concern does not preclude the conservation efforts already underway, since it requires the development of a management plan to prevent the species from becoming further at risk.

Bear's-foot Sanicle — down-list to threatened

About this species

This species is currently listed as endangered on Schedule 1 of SARA. COSEWIC reassessed this species as threatened in 2015.

The Bear's-foot Sanicle is a nationally rare perennial wildflower restricted in Canada to the Garry oak and associated ecosystems in the extreme southeast of Vancouver Island and the Gulf Islands of British Columbia.

Consultations

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

Three general listing comments were received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Down-listing rationale

Most of the Canadian population occurs at one site, which is threatened by grazing by an expanding non-migratory, newly resident Canada goose population and by severe trampling by humans at a few sites.

Several new sites, discovered since the species was last assessed by COSEWIC, have reduced the risk to this plant.

Down-listing from endangered to threatened under SARA provides the same protection for individuals and their residences on federal lands, and also includes provisions for the protection of critical habitat once identified in a recovery strategy or action plan.

Black-foam Lichen — threatened

About this species

COSEWIC assessed this species as threatened in 2015.

The Black-foam Lichen is a leafy lichen that grows as greenish-grey rosettes on the trunks of deciduous trees. In Canada, this lichen has been found in Ontario, Quebec, New Brunswick and Nova Scotia where it inhabits high humidity areas near wetlands, lakes or streams.

Consultations

Consultations were undertaken for this species in January 2016. Three comments were received specific to this species from two First Nations and one province, which were all supportive of the COSEWIC assessment.

Four general listing comments were also received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Listing rationale

In Ontario and Quebec, the main threat to the Black-foam Lichen appears to be habitat disturbance, while in New Brunswick and Nova Scotia, the main threat is harvesting of older hardwood forests.

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

Blue-grey Taildropper — down-list to threatened

About this species

This species is currently listed as endangered on Schedule 1 of SARA. COSEWIC reassessed this species as threatened in 2016.

The Blue-grey Taildropper is a small, slender bluecoloured slug found only in western North America where it lives in the moist layer of fallen leaves and mosses in mixed-wood forest. In Canada, this species is confined to the southeastern tip of Vancouver Island.

Consultations

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

Three general listing comments were received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Down-listing rationale

The main threats to the Blue-grey Taildropper are habitat loss and degradation from natural ecosystem modification by invasive plants and from urbanization and recreational activities, competition and predation by introduced invertebrates, and droughts and severe weather associated with climate change.

Fifteen subpopulations are currently known, an increase that has resulted in a change of status.

Down-listing from endangered to threatened under SARA provides the same protection for individuals and their residences on federal lands, and also includes provisions for the protection of critical habitat once identified in a recovery strategy or action plan.

Broad-banded Forestsnail — endangered

About this species

COSEWIC assessed this species as endangered in 2015.

The Broad-banded Forestsnail is a hermaphroditic, air-breathing, terrestrial snail. In Canada, this large terrestrial snail is presently known to exist only at Point Pelee, Ontario, including Point Pelee National Park and Pelee Island.

Consultations

Consultations were undertaken for this species in January 2016. No comments specific to this species were received.

Four general listing comments were received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Listing rationale

Historical and recent threats include habitat destruction and alteration from forest clearing and large nesting colonies of Double-crested Cormorants. Major continuing threats are from recreational activities and shoreline erosion.

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

Colicroot — up-list to endangered

About this species

This species is currently listed as threatened on Schedule 1 of SARA. COSEWIC reassessed this species as endangered in 2016.

The Colicroot is a perennial herb that has been used to treat menstrual and uterine problems and contains active chemicals that may have hormonal properties. This species grows in open, moist, sandy ground and is restricted to remnant, disturbance-dependent prairie habitats in southwestern Ontario.

Consultations

Consultations were undertaken for this species in January 2017. One comment was received specific to this species from a province, which was supportive of the COSEWIC assessment.

Three general listing comments were also received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Up-listing rationale

Threats to this species include lack of disturbance resulting in vegetative succession; invasive plant species such as the European Common Reed and the Autumn Olive, which fill in open spaces and can isolate Colicroot patches; herbivory by deer; and development of the species' habitat.

Recent construction of a new transportation corridor in Ontario caused the removal of more than 50% of all mature plants in the Canadian population and loss of habitat.

Up-listing from threatened to endangered under SARA provides the same protection for individuals and their residences on federal lands, and also includes provisions for the protection of critical habitat once identified in a recovery strategy or action plan.

Common Hoptree — down-list to species of special concern

About this species

This species is currently listed as threatened on Schedule 1 of SARA. COSEWIC reassessed this species as a species of special concern in 2015.

The Common Hoptree is a small, short-lived tree. This species has a long history of medicinal and economic use, including use by First Nations. This species is the host plant for many unique arthropods, including the Hoptree Borer. In Canada, this species colonizes sandy shoreline habitats in southwestern Ontario.

Consultations

Consultations were undertaken for this species in January 2017. Two comments were received specific to this species from a province and an ENGO. The province was supportive of the COSEWIC assessment, while the ENGO did not oppose it but advised caution when considering a down-listing.

Three general listing comments were also received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Down-listing rationale

The Common Hoptree's main threats include loss of habitat resulting from altered coastal processes, especially due to historical sand mining in Lake Erie; habitat succession; and shoreline development.

Improved survey efforts have significantly increased the number of known mature individuals, which reduces the overall risk to this species.

A down-listing from threatened to species of special concern does not preclude the conservation efforts already underway, since it requires the development of a management plan to prevent the species from becoming further at risk.

Eastern Box Turtle — extirpated

About this species

COSEWIC assessed this species as extirpated in 2015.

The Eastern Box Turtle is a small terrestrial turtle with a slightly keeled, high-domed carapace, which is usually brown to black with variable yellow to orange patterning. This turtle occurred historically in Ontario. Based on archeological evidence and Aboriginal traditional knowledge, this species had special cultural significance to the Iroquois.

Consultations

Consultations were undertaken for this species in January 2016. Two comments were received specific to this species from a First Nation and an individual; both were supportive of the COSEWIC assessment.

Four general listing comments were also received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Listing rationale

Traffic mortality, illegal collection, and habitat loss and fragmentation are all factors that are believed to have led to the extirpation of the Eastern Box Turtle.

A SARA listing as extirpated creates immediate protection for individuals on federal lands and requires the development of a recovery strategy and action plan(s). Protections for their residences are also afforded to an extirpated species, if a recovery strategy has recommended the species' reintroduction.

Fascicled Ironweed — endangered

About this species

COSEWIC assessed this species as endangered in 2015.

The Fascicled Ironweed is an erect perennial herb with smooth to slightly hairy stems that are tall and support sharply toothed stalkless leaves. The extant Canadian range of this species is confined to small moist to wet prairie and riparian areas in southeastern Manitoba. The Fascicled Ironweed has medicinal and cultural significance for Indigenous peoples.

Consultations

Consultations were undertaken for this species in January 2016. No comments specific to this species were received.

Four general listing comments were received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Listing rationale

This species is threatened by road and ditch maintenance activities, alterations in flood duration and frequency, and cultivation.

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

Flooded Jellyskin — down-list to species of special concern

About this species

This species is currently listed as threatened on Schedule 1 of SARA. COSEWIC reassessed this species as a species of special concern in 2016.

The Flooded Jellyskin is a small, leafy lichen when dry. When wet, the surface of this lichen species becomes jelly-like. In Canada, three subpopulations have been identified between Manitoba and Quebec. This species has declined or disappeared from elsewhere in its global range.

Consultations

Consultations were undertaken for this species in January 2017. Seven comments were received specific to this species from two First Nations, a wildlife management board, an ENGO, two provinces, and a Crown corporation, all of which were supportive or did not oppose the COSEWIC assessment. Of those that did not oppose the assessment, the two First Nations acknowledged the information but had no specific comments to provide, the wildlife management board noted that there were no known occurrences in its jurisdiction, and the ENGO advised caution when considering a down-listing.

Three general listing comments were also received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Down-listing rationale

A major threat to this species is the Emerald Ash Borer, which kills native ash trees, an important host species for this lichen. The species is also threatened by climate change, which may alter seasonal flooding, and activities with the potential to degrade habitat.

Increased search efforts and a better understanding of the habitat requirements of the species have revealed new occurrences in Manitoba, Ontario, and Quebec.

A down-listing from threatened to species of special concern does not preclude the conservation efforts already underway, since it requires the development of a management plan to prevent the species from becoming further at risk.

Griscom's Arnica — threatened

About this species

COSEWIC assessed this species as threatened in 2015.

The Griscom's Arnica is a small perennial herb with bright-yellow daisy-like flowers. This species is endemic to the Canadian Gulf of St. Lawrence. The species is found only in Quebec and on the island of Newfoundland, where it grows in calcium-rich soils.

Consultations

Consultations were undertaken for this species in January 2016. Four comments were received specific to this species. Two First Nations and an ENGO were supportive of the COSEWIC assessment. One province did not have additional information to present.

Four general listing comments were also received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Listing rationale

The Griscom's Arnica is threatened by climate change. Other minor threats include trampling and habitat damage by wildlife and human activity.

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

Hoptree Borer — endangered

About this species

COSEWIC assessed this species as endangered in 2016.

The Hoptree Borer is a small nocturnal moth and the only species of the family Praydidae native to Canada. This species has a distinctive pattern and colour, with a black-spotted, pure white forewing and a pinkish rust-brown hindwing and abdomen. The species is dependent on its sole larval host plant, the Common Hoptree, which is confined to a narrow swath of southwestern Ontario and is currently assessed by COSEWIC as a species of special concern. However, the Hoptree Borer is apparently absent from a large portion of the range of the Common Hoptree.

Consultations

Consultations were undertaken for this species in January 2017. One comment was received specific to this species from a province that was supportive of the COSEWIC assessment.

Three general listing comments were also received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Listing rationale

The current threats to the Hoptree Borer are similar to those for the Common Hoptree and include loss of shoreline habitat through erosion, vegetation succession, and invasive plant species.

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

Lake Erie Watersnake — down-list to species of special concern

About this species

This species is currently listed as endangered on Schedule 1 of SARA. COSEWIC reassessed this species as a species of special concern in 2016.

The Lake Erie Watersnake ranges in appearance from regularly patterned with dark blotches to a uniform greyish-brown without pattern. It is one of two subspecies of Common Watersnake found in Canada. In Canada, this species is known to occur on four small islands of Lake Erie in Ontario. The Lake Erie Watersnake occupies rocky or sandy shorelines, and forages in the water.

Consultations

Consultations were undertaken for this species in January 2017. Two comments were received specific to this species from an ENGO and a province. The province supported the COSEWIC assessment, while the ENGO did not oppose it but advised caution when considering a down-listing.

Three general listing comments were also received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Down-listing rationale

Significant threats to this species include road mortality, shoreline development, pollution, and intentional killing by humans. These threats are compounded by the small geographic range of the species and its small population size.

Increases have been seen in the U.S. population and are apparently associated with an increased prey base. Though there is no information on population trends in Canada, similar increases in population size are expected to have occurred in the Canadian population.

A down-listing from threatened to species of special concern does not preclude the conservation efforts already underway, since it requires the development of a management plan to prevent the species from becoming further at risk.

Mountain Crab-eye — species of special concern

About this species

COSEWIC assessed this species as a species of special concern in 2016.

The Mountain Crab-eye is a globally rare lichen that forms pale grey to yellow grey coral-like cushions. In Canada, there are only eight known occurrences, all within British Columbia, in a very restricted climatic zone.

Consultations

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

Three general listing comments were received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Listing rationale

Development pressures (e.g. roads, pipeline, hydroelectricity, mining, and forestry) and climate change threaten the hydrological regime and microclimatic conditions required by this species at many of the known sites.

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

Phantom Orchid — up-list to endangered

About this species

This species is currently listed as threatened on Schedule 1 of SARA. COSEWIC reassessed this species as endangered in 2015.

The Phantom Orchid is a parasitic plant that lacks chlorophyll and derives its food from a three-way partnership with an underground fungus and a tree species. This species is the only member of the Cephalanthera genus found in North America. In British Columbia, the Phantom Orchid is found in relatively undisturbed old growth, mature and occasionally older second-growth forests, as it requires an intact below-ground fungal network.

Consultations

Consultations were undertaken for this species in January 2016. No comments specific to this species were received.

Four general listing comments were received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Up-listing rationale

The primary threat to the Phantom Orchid is habitat destruction from the rapid increase of new housing development. Other threats include forest harvest activities, recreational activities, invasive plants, plant collection, and overgrazing by deer.

The species' dependency on specific habitat conditions and its interdependency on a fungal partner and associated tree species make it more susceptible to extirpation.

Up-listing from threatened to endangered under SARA provides the same protection for individuals and their residences on federal lands, and also includes provisions for the protection of critical habitat once identified in a recovery strategy or action plan.

Prairie Rattlesnake — species of special concern

About this species

COSEWIC assessed this species as a species of special concern in 2015.

The Prairie Rattlesnake is a heavy-bodied pit viper. The species is tan in colour with darker bands or blotches along its back and dark olive to brown tail rings. The Canadian distribution of this species is limited to southeastern Alberta and southwestern Saskatchewan and is strongly associated with major river valleys.

Consultations

Consultations were undertaken for this species in January 2016. Two comments were received specific to this species from an ENGO and a province; both were supportive of the COSEWIC assessment.

Four general listing comments were also received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Listing rationale

The viability of Prairie Rattlesnake populations in Canada is threatened by large-scale habitat loss and degradation from cultivation, oil and gas exploration and development, urbanization, and road mortality.

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

Proud Globelet — endangered

About this species

COSEWIC assessed this species as endangered in 2015.

The Proud Globelet is a terrestrial snail distinct from other species of the genus Patera, as it has a round shell that lacks a tooth-like protuberance at the shell opening. This species is found in southwestern Ontario on wooded hillsides or in ravines, though its Canadian range makes up a small portion of the species' global range.

Consultations

Consultations were undertaken for this species in January 2016. No comments specific to this species were received.

Four general listing comments were received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Listing rationale

The complete absence of live individuals and the age of the shells found in a 2013 survey suggest that the population has substantially declined since 1996. Human intrusions and disturbances from recreational activities, invasive species, urbanization, pollution, and climate change may all be contributing threats to this species.

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

Poweshiek Skipperling — up-list to endangered

About this species

This species is currently listed as threatened on Schedule 1 of SARA. COSEWIC reassessed this species as endangered in 2015.

The Poweshiek Skipperling is a small diurnal butterfly with dark dorsal wing surfaces and orange lines along the wing margins. The Canadian population of Poweshiek Skipperling is isolated and disjunct from populations in the United States. In Canada, this species is restricted to native tall-grass prairie in Manitoba, a habitat that has undergone major declines.

Consultations

Consultations were undertaken for this species in January 2016. No comments specific to this species were received.

Four general listing comments were received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Up-listing rationale

This species is threatened by natural succession of open prairie habitats to woody shrubs and trees, and is also vulnerable to severe weather events. Historically, habitat loss and fragmentation were also threats, but most Canadian sites are currently protected from habitat conversion.

The loss of this species from Canada would represent the loss of a significant element of the endangered tall-grass prairie ecosystem.

Up-listing from threatened to endangered under SARA provides the same protection for individuals and their residences on federal lands, and also includes provisions for the protection of critical habitat once identified in a recovery strategy or an action plan.

Pygmy Pocket Moss — not at risk

About this species

This species is currently listed as a species of special concern on Schedule 1 of SARA. COSEWIC assessed this species as not at risk in 2016.

The Pygmy Pocket Moss is an ephemeral moss, periodically producing minute plants from a mat of undifferentiated green filaments. This species has a very large extent of Canadian occurrence, occurring on both the Pacific and Atlantic coasts, and in central Canada. Although it is found in some densely populated regions of Canada, including southern Ontario, no declines or direct imminent threats are known for this species. Localized soil disturbance is required for suitable habitat, such that some kinds of human disturbance may actually benefit the species.

Consultations

Consultations were undertaken for this species in January 2017. Four comments were received specific to this species from a First Nation, two provinces, and an ENGO. The provinces were supportive of the COSEWIC assessment. While the First Nation and the ENGO did not oppose the assessment, the ENGO did advise caution when considering a down-listing.

Three general listing comments were also received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Delisting rationale

Despite low detectability that makes attempts to determine population sizes difficult, the number of known occurrences has increased since 2005. Although data are lacking in many aspects of its biology, ecology, distribution, and abundance, no evidence suggests that this species is currently at risk in Canada.

The proposed removal of this species from Schedule 1 would not pose a concern to the conservation of this species.

Pygmy Slug — species of special concern

About this species

COSEWIC assessed this species as a species of special concern in 2016.

The Pygmy Slug is a very small species of slug. It is dark grey to tan in colour with dense bluish flecking. Dark mottling is often present on the species' mantle. In Canada, this slug occurs mostly within the Interior Cedar-Hemlock biogeoclimatic zone of British Columbia, which is among the wettest areas in the interior of the province.

Consultations

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

Three general listing comments were received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Listing rationale

Threats to this species include roads causing habitat fragmentation; degradation and barriers to dispersal; predation and competition from invasive species; habitat degradation from livestock grazing; habitat loss from logging; and climate change.

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

Sheathed Slug — species of special concern

About this species

COSEWIC assessed this species as a species of special concern in 2016.

The Sheathed Slug is a small slender, solid grey or brownish grey slug with small light flecks on the mantle and tail. This species of slug is regionally endemic to moist forests of the northern Columbia Basin, an area that contains many unique plants and animals. In Canada, this slug is generally found within 25 km of the Canada–U.S. border, in the Kootenay region of southeastern British Columbia.

Consultations

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

Three general listing comments were received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Listing rationale

Threats to this species include habitat loss from logging, wood harvesting, and climate change.

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

Small White Lady's-slipper — down-list to threatened

About this species

This species is currently listed as endangered on Schedule 1 of SARA. COSEWIC reassessed this species as threatened in 2015.

The Small White Lady's-slipper is a perennial, clonal orchid. In Canada, this species is known to Manitoba and Ontario, where it typically grows in tall-grass and mixed grass prairies, specifically in remnant fragments of moist, calcareous (containing calcium carbonate) native prairie openings (e.g. patches of prairie remnants in roadside ditches surrounded by agricultural fields). The most imminent and widely documented threats to this species are loss, degradation and fragmentation of its prairie habitat by natural and anthropogenic factors. Because individuals are slow to mature and require a fungal partner, the species is especially vulnerable to local extirpations.

Consultations

Consultations were undertaken for this species in January 2016. No comments specific to this species were received.

Four general listing comments were received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Down-listing rationale

The discovery of additional populations, increased habitat protection, and active management for this species has resulted in a change in status from endangered to threatened.

Down-listing from endangered to threatened under SARA provides the same protection for individuals and their residences on federal lands, and also includes provisions for the protection of critical habitat once identified in a recovery strategy or an action plan.

Spiked Saxifrage — species of special concern

About this species

COSEWIC assessed this species as a species of special concern in 2015.

The Spiked Saxifrage is a large showy perennial herb growing only in the Yukon and Alaska. In Canada, it is found only at small sites in a restricted geographical area along cool, shady creeks and in moist, rocky alpine areas, where it shows genetic differences from the Alaskan population.

Consultations

Consultations were undertaken for this species in January 2016. Two comments were received specific to this species from a territory that was supportive of the proposed listing and from a business that did not oppose, but requested more information and the development of management plans for this species.

Four general listing comments were also received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Listing rationale

Placer mining (mining of stream bed deposits for minerals) is the most extensive cause of habitat loss for Spiked Saxifrage in the Yukon, with subpopulations threatened by destruction due to mining or upstream activities such as sediment build-up, damming, and stream realignment. This species is also threatened by natural processes such as flash flooding, forest fires, and landslides, which may increase in frequency and severity due to climate change.

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

Spiny Softshell — up-list to endangered

About this species

This species is currently listed as threatened on Schedule 1 of SARA. COSEWIC reassessed this species as endangered in 2016.

The Spiny Softshell is a species of turtle well adapted for swimming, with a reduced lower shell, hydrodynamic shape and strongly webbed front and hind feet. This species is the only species in the Trionychidae family native to Canada. The Spiny Softshell inhabits a wide variety of aquatic habitats including sandbars or mudflats, such as rivers, marshy creeks, oxbows, lakes and impoundments. These habitats share common features such as a soft bottom with sparse aquatic vegetation. In Canada, the population is divided into two geographically distinct subpopulations: a Great Lakes/St. Lawrence subpopulation in southern Quebec and a Carolinian subpopulation in southern Ontario.

Consultations

Consultations were undertaken for this species in January 2017. Five comments were received specific to this species. Three comments were supportive of the COSEWIC assessment and were received from one First Nation, a province, and a Crown corporation. Two comments did not oppose the COSEWIC assessment and were received from one First Nation and a federal department.

Three general listing comments were also received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Up-listing rationale

Threats to this species include loss or degradation of suitable nesting and basking sites due to development, altered water regimes, invasive plants, recreation, and illegal harvest.

The continuing decline of this species in Ontario and Quebec is attributed to very low recruitment (increase in a natural population) that has resulted from loss of nesting habitat.

Up-listing from threatened to endangered under SARA provides the same protection for individuals and their residences on federal lands, and also includes provisions for the protection of critical habitat once identified in a recovery strategy or an action plan.

Tall Beakrush — endangered

About this species

COSEWIC assessed this species as endangered in 2015.

The Tall Beakrush is a perennial, herbaceous sedge that is considered one of the characteristic species of Atlantic Coastal Plain Northern Pondshores. This species is an obligate wetland plant occurring in Canada on shallow acidic open lakeshores with occurrences restricted to two lakes 23 km apart in southern Nova Scotia.

Consultations

Consultations were undertaken for this species in January 2016. No comments specific to this species were received.

Four general listing comments were received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Listing rationale

The restricted occurrences of this species to two lakes in southern Nova Scotia may have a disproportionate significance for the species' genetic diversity. Threats to the Tall Beakrush include shoreline development, the potential for anthropogenic flooding, invasive species, and competitive exclusion.

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

Tiny Tassel — species of special concern

About this species

COSEWIC assessed this species as a species of special concern in 2015.

The Tiny Tassel is a small dark green to golden brown moss. It grows most often as scattered individuals among other species of small dryland mosses. The species is known to Canada in only four valleys in the Okanagan region of southernmost central British Columbia. These populations of Tiny Tassel occur only within dry grasslands, which is a rare habitat type occupying less than 1% of the British Columbia land base.

Consultations

Consultations were undertaken for this species in January 2016. No comments specific to this species were received.

Four general listing comments were received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Listing rationale

Threats to this species include erosion due to recreational use of the habitat and maintenance of road cuts. Climate change may also be a threat to the species, although the potential impacts are unknown.

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

Toothcup (Great Lakes Plains population) — threatened

About this species

This species is currently listed as Toothcup and as endangered on Schedule 1 of SARA. COSEWIC reassessed Toothcup as two populations, with the Great Lakes Plains population assessed as threatened in 2015.

The Toothcup is a low-growing annual plant with small flowers that are usually solitary in the leaf axils. This species is found in open, seasonally wet areas with natural or artificial water level fluctuations. Such habitats include riverbanks, ditches, pond margins, sandy to muddy shores, and interdunal swales (marshy depressions between sand dunes). Until 2014, this species and the Toothcup (Southern Mountain population) were assessed as a single species.

Consultations

Consultations were undertaken for this species in January 2016. No comments specific to this species were received.

Four general listing comments were received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Listing rationale

The Great Lakes Plains population is known to occur on the shores of only two lakes at the southern edge of the Canadian Shield in southeastern Ontario. The main threats to this species are shoreline development and recreational activities.

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

Toothcup (Southern Mountain population) — endangered

About this species

This species is currently listed as Toothcup and as endangered on Schedule 1 of SARA. COSEWIC reassessed Toothcup as two populations, with the Southern Mountain population assessed as endangered in 2015.

The Toothcup is a low-growing annual plant with small flowers that are usually solitary in the leaf axils. This species is found in open, seasonally wet areas with natural or artificial water level fluctuations, such as riverbanks, ditches, pond margins, sandy to muddy shores, and interdunal swales (marshy depressions between sand dunes). Until 2014, this species and Toothcup (Great Lakes Plains population) were assessed as a single species.

Consultations

Consultations were not undertaken for this species, because consultations and the associated impact analysis occurred when the original species (Toothcup) was first proposed for listing at the proclamation of the Act.

Listing rationale

The Southern Mountain population is known from just two local populations in the Southern Interior of British Columbia. The main threat to this species is invasive plant species.

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

Vivid Dancer — species of special concern

About this species

COSEWIC assessed this species as a species of special concern in 2015.

The Vivid Dancer is a robust damselfly. Adult males are typically bright blue or occasionally violet blue, with black markings. Females may resemble males or may have more subdued colours, typically orange or red-brown and black. The species is the only documented odonate (type of dragonfly) adapted to breed in geothermal springs in North America. Much of this species' Canadian range is restricted to thermal springs. In the hot valleys of the Okanagan and the Fraser, it is also found in cooler spring-fed creeks. This species is found throughout southern British Columbia and into western Alberta.

Consultations

Consultations were undertaken for this species in January 2016. Three comments were received specific to this species from two ENGOs and a province, all of which supported the COSEWIC assessment.

Four general listing comments were also received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Listing rationale

The Vivid Dancer is threatened by intensive recreational use of thermal springs, livestock trampling at cool springs, and introduced fish (specifically at Banff National Park sites).

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

Wrinkled Shingle Lichen — threatened

About this species

COSEWIC assessed this species as threatened in 2016.

The Wrinkled Shingle Lichen is a leafy lichen that forms patches or rosettes with a brownish grey and wrinkled upper surface. It almost always grows on the trunks of deciduous trees. In Canada, the Wrinkled Shingle Lichen is known from 56 occurrences, of which 49 are in Nova Scotia, 4 are in New Brunswick, 2 in Newfoundland and 1 in Prince Edward Island.

Consultations

Consultations were undertaken for this species in January 2017. One comment was received specific to this species from a First Nation that did not oppose the COSEWIC assessment.

Three general listing comments were also received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Listing rationale

The major current threat to this species is forest harvest resulting in both loss of host trees and changes in microclimate.

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

Yukon Podistera — species of special concern

About this species

COSEWIC assessed this species as a species of special concern in 2015.

The Yukon Podistera is a tufted perennial that often forms clumps from a stout elongate taproot and bears small flowers that are bright yellow when newly opened that then fade to white. The species is restricted globally to the west-central Yukon and a small area of eastern Alaska. Approximately 90% of the Yukon Podistera's global range falls within a narrow ecological niche in the Yukon, defined by dry, well-drained, rock-dominated habitat with sparse vegetation and limited soil development.

Consultations

Consultations were undertaken for this species in January 2016. One comment was received specific to this species from a territory that was supportive of the COSEWIC assessment.

Four general listing comments were also received from First Nations, which are described in the "Consultation" section in the main body of this statement.

Listing rationale

This species is at risk due to the projected loss of its alpine habitat as a result of a rapidly changing climate. The Yukon Podistera is further threatened by mining and mineral exploration occurring at or near several locations.

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

PROPOSED REGULATORY TEXT

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

Interested persons may make representations concerning the proposed Order within 30 days after the date of publication of this notice. All 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, Department of the Environment, Gatineau, Quebec K1A 0H3 (email: ec.LEPreglementations-SARAregulations.ec@canada.ca).

Ottawa, May 24, 2018

Jurica Čapkun
Assistant Clerk of the Privy Council

Order Amending Schedule 1 to the Species at Risk Act

Amendments

1 Part 1 of Schedule 1 to the Species at Risk Act ^{footnote 41} is amended by adding the following in alphabetical order under the heading "Reptiles":

• Turtle, Eastern Box (Terrapene carolina)
  Tortue boîte de l'Est

2 Part 2 of Schedule 1 to the Act is amended by striking out the following under the heading "Reptiles":

• Watersnake, Lake Erie (Nerodia sipedon insularum)
  Couleuvre d'eau du lac Érié

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

• Softshell, Spiny (Apalone spinifera)
  Tortue molle à épines

4 Part 2 of Schedule 1 to the Act is amended by striking out the following under the heading "Molluscs":

• Slug, Blue-grey Taildropper (Prophysaon coeruleum)
  Limace-prophyse bleu-gris

5 Part 2 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading "Molluscs":

• Forestsnail, Broad-banded (Allogona profunda)
  Escargot-forestier écharge
• Globelet, Proud (Patera pennsylvanica)
  Patère de Pennsylvanie

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

• Borer, Hoptree (Prays atomocella)
  Perceur du ptéléa
• Skipperling, Poweshiek (Oarisma poweshiek)
  Hespérie de Poweshiek

7 Part 2 of Schedule 1 to the Act is amended by striking out the following under the heading "Plants":

• Lady's-slipper, Small White (Cypripedium candidum)
  Cypripède blanc
• Sanicle, Bear's-foot (Sanicula arctopoides)
  Sanicle patte-d'ours
• Toothcup (Rotala ramosior)
  Rotala rameux

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

• Beakrush, Tall (Rhynchospora macrostachya)
  Rhynchospore à gros épillets
• Colicroot (Aletris farinosa)
  Alétris farineux
• Ironweed, Fascicled (Vernonia fasciculata)
  Vernonie fasciculée
• Orchid, Phantom (Cephalanthera austiniae)
  Céphalanthère d'Austin
• Toothcup (Rotala ramosior) Southern Mountain population
  Rotala rameux population des montagnes du Sud

9 Part 3 of Schedule 1 to the Act is amended by striking out the following under the heading "Reptiles":

• Softshell, Spiny (Apalone spinifera)
  Tortue-molle à épines

10 Part 3 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading "Molluscs":

• Taildropper, Blue-grey (Prophysaon coeruleum)
  Limace-prophyse bleu-gris

11 Part 3 of Schedule 1 to the Act is amended by striking out the following under the heading "Arthropods":

• Skipperling, Poweshiek (Oarisma poweshiek)
  Hespérie de Poweshiek

12 Part 3 of Schedule 1 to the Act is amended by striking out the following under the heading "Plants":

• Colicroot (Aletris farinosa)
  Alétris farineux
• Hoptree, Common (Ptelea trifoliata)
  Ptéléa trifolié
• Orchid, Phantom (Cephalanthera austiniae)
  Céphalanthère d'Austin
• Sedge, Baikal (Carex sabulosa)
  Carex des sables

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

• Arnica, Griscom's (Arnica griscomii ssp. griscomii)
  Arnica de Griscom
• Lady's-slipper, Small White (Cypripedium candidum)
  Cypripède blanc
• Sanicle, Bear's-foot (Sanicula arctopoides)
  Sanicle patte-d'ours
• Toothcup (Rotala ramosior) Great Lakes Plains population
  Rotala rameux population des plaines des Grands Lacs

14 Part 3 of Schedule 1 to the Act is amended by striking out the following under the heading "Lichens":

• Jellyskin, Flooded (Leptogium rivulare)
  Leptoge des terrains inondés

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

• Lichen, Black-foam (Anzia colpodes)
  Anzie mousse-noire
• Lichen, Wrinkled Shingle (Pannaria lurida)
  Pannaire jaune pâle

16 Part 4 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading "Reptiles":

• Rattlesnake, Prairie (Crotalus viridis)
  Crotale des prairies
• Watersnake, Lake Erie (Nerodia sipedon insularum)
  Couleuvre d'eau du lac Érié

17 Part 4 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading "Molluscs":

• Slug, Pygmy (Kootenaia burkei)
  Limace pygmée
• Slug, Sheathed (Zacoleus idahoensis)
  Limace gainée

18 Part 4 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading "Arthropods":

• Dancer, Vivid (Argia vivida)
  Agrion vif

19 Part 4 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading "Plants":

• Hoptree, Common (Ptelea trifoliata)
  Ptéléa trifolié
• Podistera, Yukon (Podistera yukonensis)
  Podistère du Yukon
• Saxifrage, Spiked (Micranthes spicata)
  Saxifrage à épis
• Sedge, Baikal (Carex sabulosa)
  Carex des sables

20 Part 4 of Schedule 1 to the Act is amended by striking out the following under the heading "Mosses":

• Moss, Pygmy Pocket (Fissidens exilis)
  Fissident pygmée

21 Part 4 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading "Mosses":

• Tassel, Tiny (Crossidium seriatum)
  Petit pompon

22 Part 4 of Schedule 1 to the Act is amended by adding the following in alphabetical order under the heading "Lichens":

• Jellyskin, Flooded (Leptogium rivulare)
  Leptoge des terrains inondés
• Mountain Crab-eye (Acroscyphus sphaerophoroides)
  Acroscyphe des montagnes

Coming into Force

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