Aquatic Species at Risk Protection and Recovery

Transcription

1 Aquatic Species at Risk Protection and Recovery Fisheries and Oceans Canada Species at Risk Program 2014 Latornell Conservation Symposium

2 Presentation Outline Aquatic Species at Risk What are they? Where do they occur? Why should we care? The Species at Risk Act Prohibitions Recovery Plans Critical Habitat Project Review and Permitting Stewardship 2

3 What are Aquatic Species at Risk? Photo by G. Coker Aquatic species (fishes and mussels) assessed to be at risk of extinction or extirpation Status recommended by Committee on the Status of Endangered Wildlife in Canada (COSEWIC) Species listed under Schedule 1 of the Species at Risk Act (SARA) Illustration by Ellen Edmonson (NYSDEC) 3

4 Where do they occur? Currently 32 SARA-listed, aquatic species at risk in Ontario 21 fishes 11 mussels 27 located within southwestern Ontario Under Consideration for Listing 4

5 Why Do We Care? Natural biodiversity supports ecosystem health Economic and cultural value International commitments Photo courtesy of Hudson s Bay Archives Archives of Manitoba 5

6 Species at Risk Act Spotted Gar photo by J.Barnucz 6

7 Species at Risk Act SARA in force as of June 1st, 2004 Environment Canada - Lead Canadian Wildlife Service migratory birds and terrestrial species (except on Parks Canada lands) Parks Canada Agency all SARA species on Parks Canada lands (including Trent-Severn and Rideau Canal waterways) Fisheries and Oceans Canada - Lead all aquatic species (fishes and mussels as defined in the Fisheries Act) (except in National Parks). Eastern Sand Darter photo by A. Dextrase Ontario Ministry of Natural Resources 7

8 SARA Prohibitions Sec. 32. Individual Organisms No killing, harming, harassing, buying, collecting, selling of extirpated, endangered or threatened species (Schedule 1) Sec. 33. Residences Only for species to which the concept of residence applies Not yet defined for any aquatic species in Ontario Sec. 58. Critical Habitat Prohibits destruction of Critical Habitat once defined in a recovery strategy or action plan 8

9 Species Status Extinct The death of every individual of a species - it no longer lives anywhere in the world Extirpated Endangered Threatened No longer exists in the wild in Canada Facing imminent disappearance from Canada Needs something done to reverse threat factors Special Concern Sensitive to human activities & natural events 9

10 FISH (21) MUSSELS (11) Schedule 1 Aquatic Species at Risk in Ontario Extirpated Gravel Chub Paddlefish Endangered Aurora Trout < Lake Chubsucker Northern Madtom Pugnose Shiner Shortnose Cisco Eastern Pondmussel Kidneyshell Mudpuppy Mussel Northern Riffleshell Rayed Bean Rainbow Round Hickorynut Round Pigtoe Snuffbox Threatened Channel Darter Eastern Sand Darter Spotted Gar Mapleleaf Special Concern Blackstripe Topminnow Bridle Shiner Deepwater Sculpin Grass Pickerel Kiyi (Upper Great Lakes) Northern Brook Lamprey Pugnose Minnow River Redhorse Silver Chub Spotted Sucker Warmouth Wavy-rayed Lampmussel Fisheries and Oceans Canada 10

11 Under Consideration for SARA Listing and Addition to Schedule 1 FISH Endangered/Threatened* Redside Dace (Endangered) Special Concern* Lake Sturgeon - DU6 (Lake of the Woods, Rainy River) Lake Sturgeon - DU7 (S. Hudson Bay, James Bay) Silver Lamprey (Great Lakes, Upper St. Lawrence) MUSSELS Fawnsfoot (Endangered) *Already listed under ESA (some have immediate general habitat protection) 11

12 A ASSESSMENT B Status Status Reports COSEWIC Designation LEGAL LISTING Response Statements List of Wildlife SAR Key Components of SARA C PROTECTION Automatic Prohibitions: Protection for EXT/END/THR species, CH and residence D RECOVERY Mandatory Recovery Planning: Development of Recovery Strategies and Action Plans 12

13 Recovery Strategies Developed for Threatened & Endangered species Describe the species and its needs Identify population and distribution objectives Define critical habitat with examples of activities likely to destroy it Identify threats to recovery Promote species recovery approaches Guide Action Plans and implementation 13

14 Management Plans Prepared for Special Concern species Planning document with a goal of maintaining sustainable population levels To manage environmental factors that cause decline May be multi-species or ecosystem based Evaluated every 5 years and updated as necessary 14

15 SARA / ESA Coordination Channel Darter photo credit G. Coker 15

16 SARA & ESA Considerations Endangered Species Act came into force June 2008 Similar to federal SARA Inter-agency coordination protocol established (currently under review due to various regulatory revisions) OSARWG - Permitting Site-specific review and tailored mitigation for SARA Recent MNR project self-assessment process (for ESA permits & other authorizations) Contact DFO/MNR early! Pugnose Shiner photo by K. Schmidt 16

17 Critical Habitat SVCA photo MVCA photo 17

18 What is Critical Habitat? Defined in SARA as: Habitat necessary for the survival or recovery of a listed endangered, threatened or extirpated species. SARA recognizes that protecting the habitat of species at risk is key to their conservation Critical habitat (CH) is identified in a recovery strategy or action plan and posted on the SARA Public Registry Once identified, CH will be protected 18

19 Critical Habitat Important breeding, feeding, and/or nursery habitat for aquatic species at risk Any activity that degrades or destroys critical habitat can lead to further demise of species 19

20 How is Critical Habitat identified? Two components: Geo-spatial (extent) Biophysical (features) Site assessment determines if habitat contains biophysical features required by the species Fisheries and Oceans Canada 20

21 Critical Habitat ID Geo-spatial extent of CH Features (biophysical) Critical Habitat maps show the geo-spatial extent of critical habitat in red (areas containing key features) Biophysical features are required by the species to carry out life processes at various stages (e.g., depth, vegetation, temperature, structure) 21

22 Channel Darter Essential functions, features and attributes of critical habitat for each life stage of the Channel Darter Life stage Spawn to Larvae (June-July) Habitat requirement Migration Spawning Nursery Feature(s) Riffles, runs, shoals, backwater areas and pools in streams and rivers Shoals in lakes Juvenile Rearing Riffles, runs, shoals, backwater areas and pools in streams/rivers Adult Feeding Riffles, runs, shoals, backwater areas and pools in streams and rivers Gravel and coarse sand beaches (Lake Erie) Attribute(s) Ellen Edmonson (NYSDEC) Moderate to fast current Clean, course substrate (e.g., gravel and smooth rocks) Shallow depths (e.g., 2 metres) Warm water temperatures (e.g., 14.5 to 25 C) Males establish spawning territory around a large rock in current Slow current (e.g., 0.39 to 0.48 m/s) Sand and gravel substrates Shallow depths (e.g., <5 m) Slow to moderate currents (0.39 to 0.48 m/s) Cobble, gravel and sand substrates Usually shallow depths (e.g., <0.60 m) Minimal to sparse aquatic vegetation Good water quality (i.e., low turbidity, sufficient dissolved oxygen, low pollution levels) Availability of prey (benthic macroinvertebrates) Note: This is a simplified summary of CH Refer to the Recovery Strategy for Details

23 Currently at 23

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25 Critical Habitat Identified in Ontario Critical Habitat has been identified for 6 fish species Joseph R. Tomelleri Illustration by Ellen Edmonson (NYSDEC) Joseph R.Tomelleri Joseph R.Tomelleri 25

26 Critical Habitat Identified in Ontario Photo by A. Dextrase, Ontario Ministry of Natural Resources Photo by G. Coker 26

27 Critical Habitat - Identified Critical Habitat has been identified for 10 mussel species Round Hickorynut, Kidneyshell Photo by A. Dextrase Northern Riffleshell, Snuffbox, Round Pigtoe, Mudpuppy Mussel, Rayed Bean Photo by G. Coker (Images courtesy of Environment Canada) 27

28 Critical Habitat - Identified Eastern Pondmussel Mapleleaf (ON populations) Photo by A. Dextrase Photo by G. Coker Rainbow Photo by G. Coker 28

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33 How is Critical Habitat Protected? Critical habitat is established by a Minister s order Under SARA you cannot destroy critical habitat, unless you have specific approval to do so You can avoid work in CH and mitigate any potential harmful impacts If work must be carried out that will destroy CH, it must be approved by way of an agreement or a permit 33

34 What is Allowed? The intent of SARA is to protect critical habitat as much as possible through voluntary actions and stewardship measures Prohibitions against the destruction of critical habitat apply (pending Critical Habitat Orders) Some activities may be permitted, but this will be assessed on a case-by-case basis Kelly Nichols photo 34

35 Project Design to Protect SAR Determine which aquatic SAR are present, their status and whether Critical Habitat is present Review maps presently available at: Ensure project activities will not contravene SARA prohibitions Target mitigation to SAR that are present (life history characteristics and habitat requirements) See Recovery Strategies

36 Project Design to Protect SAR (cont d) Examples of mitigation options: re-design (e.g., spanning bridge) sediment and erosion control fish salvage and mussel relocations (permits required) Other Sources of information: DFO website for measures to avoid impact: DFO Fisheries Protection staff Published Recovery Plans COSEWIC reports Species experts This This Not this

37 One-Window Pilot DFO Project Review Process Integrated one-window project reviews under FA & SARA Visit Fisheries Protection Program (FPP) website at self-assess to determine if Fisheries Act review is needed Check DFO SAR maps to see if THR or END species or critical habitat are present SARA permit may be required If FA review or SARA Permit Required submit a Request for Review Form to FPP at: fisheriesprotection@dfo-mpo.gc.ca 37

38 DFO Project Review Process (cont d) If an authorization is required under the Fisheries Act, or a permit under SARA submit application(s) to FPP Where both are required, a SARA-compliant authorization may be issued Timelines for review of authorization and permit applications are identified in FA and SARA regulations FA 60 days for completeness / 90 days for decision SARA 90 days for decision, etc. Except for SARA research/collectors permits all project reviews are coordinated through DFO s FPP 38

39 Species At Risk Permits 39

40 When are SARA Permits Issued? 73. (1) The competent minister may enter into an agreement with a person, or issue a permit to a person, authorizing the person to engage in an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals. Purpose (2) The agreement may be entered into, or the permit issued, only if the competent minister is of the opinion that (a) the activity is scientific research relating to the conservation Fisheries of the and species Oceans Canada 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. Pre-conditions (3) The agreement may be entered into, or the permit issued, only if the competent minister is of the opinion that (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. 40

41 When are SARA Permits Issued? May be issued when: The activity is for scientific research The activity benefits the species Fisheries and Oceans Canada Affecting the species is incidental to the activity The following pre-conditions are met: All reasonable alternatives have been considered Impacts will be minimized The activity will not jeopardize survival or recovery of the species 41

42 SARA Permitting A SARA permit will be required for project activities that may cause incidental harm to a SAR or any contravention of the 3 SARA prohibitions (Sections 32, 33 and 58) This may include vegetation removal or any other in/near water works Field surveys to detect fish and/or mussel SAR Contact DFO FPP early if you suspect a SAR permit may be required for your project 42

43 Information Required for a SARA Permit Individuals or Incorporated Organizations Qualified Applicants in Species at Risk Acceptable History meeting conditions with previous permits Explanation of purpose, field collections/study techniques/project design Location lats/longs etc. with maps. CH, land claims, Reserves, etc. Timelines Offsetting and Financial Security Monitoring 43

44 Information Required for a SARA Permit List of SAR Species Anticipated # of mortalities for each species Explanation of field collections/study techniques/project design Description of effects of potential disturbances, impacts on habitat(s), nature of harm and likelihood of harm or encounters (high, med, low) Alternatives to the proposed method Mitigation measures and how they minimize impact on listed species and/or habitats. Will the activities jeopardize survival or recovery? 44

45 SARA Permits & ESA A permit under SARA does not meet the needs of the ESA (a separate MNR permit may be required) Send information early & check MNR self- assessment process for ESA Contact DFO & MNR early in project planning stages 45

46 Fish Mitigation Guide & Mussel Relocation Protocol 46

47 Offsetting Avoidance and mitigation are the primary means of managing potential adverse impacts to SAR and CH Offsetting can be used as one of many tools to promote survival or recovery It is never used exclusively It is an additional means to counterbalance residual impacts to individuals and habitat (one time or ongoing) Offsetting includes: restoration, enhancement or creation of habitat; reducing another sources of mortality, or enhancing fish production by artificial means 47

48 Offsetting (cont d) An offsetting plan can be submitted with an application for a SAR permit Must contribute to population and distribution objectives set out in Recovery Strategies and Action Plans and must not jeopardize survival or recovery If a Fisheries Act authorization is also required, must be consistent with the Fisheries Productivity Investment Policy: A Proponent s Guide to Offsetting 48

49 Key Threats to Species at Risk Habitat Loss Silt & Sediment Pollution Illegal Collection Accidental Kills Climate Change Photo by Kymberlie Ferguson Photo by Kymberly Ferguson Photo by Ingrid Taylar Photo by E. Thomas 49

50 Some Specific Concerns Fishes and Mussels Habitat alteration (e.g., dredging, infills) Sediment loading (turbidity) Contaminants and toxic compounds Mussels in particular Host fish availability Recreational activities (e.g., ATVs in streams) Nutrient loading Barriers to movement Altered flow regimes Exotic species and disease Incidental harvest Ministry of Natural Resources Photo by Dave Marson 50

51 Species At Risk Stewardship 51

52 What can be done? Know where aquatic SAR are located Consider how your activities might impact SAR Design your work in a way that protects SAR or assists in their recovery 52

53 How else you can help Contact your local CA about SAR stewardship programs and initiatives Participate in public consultations if interested, check out the SARA Public Registry and subscribe to the newsletter Ontario Ministry of Natural Resources photo Support protection of SAR through municipal planning (Provincial Policy Statement, Official Plan policies, Natural Heritage designations) 53

54 Municipal Planning Support In 2014, DFO asked selected municipalities to recognize federal aquatic SAR protection in Official Planning document updates Natural heritage features to include waters supporting Schedule 1 SARA aquatic species and critical habitats As identified on DFO maps (currently on CO website) Policy direction should include no development and site alteration unless EIS shows no negative impacts Also applies within 120 m of such waters 54

55 What else can be done Apply Best Management Practices (BMPs) Species at Risk Farm Incentive Program Seek advice and approvals to protect SAR or assist in their recovery Report observations and illegal activities around water Species recovery can only be accomplished through cooperative action 55

56 Stewardship Support Stewardship opportunities exist (Best Management Practices) (e.g., see Funding to promote the protection and recovery of SAR: Federal Habitat Stewardship Program Fund Species at Risk Farm Incentive Program Aboriginal Fund for Species at Risk Provincial Species at Risk Stewardship Fund Healthy environment / healthier communities Reducing threats and recovering SAR benefits local communities (e.g. water quality improvements, enhanced tourism and recreational opportunities) 56

57 Reporting Observations and Violations If you have found a SAR which may be a new record: Contact your local CA, DFO or MNR office Take quality photographs of the individual, record relevant information, and release (DFO Fish and Mussel Protocols) Submit photos and information to DFO or local CA If you see a SARA violation, contact DFO or your local MNR office Fisheries and Oceans Canada photos 57

58 Examples of Success! There are many examples of how stewardship efforts have resulted in positive benefits to species, habitat and watershed quality Conservation Authorities and NGOs support: Habitat protection Population recovery Successful mitigation techniques Landowner involvement 58

59 Ausable-Bayfield CA shoreline planting Essex Region CA riparian planting Before Grand River livestock fencing After 59

60 St. Clair Region CA livestock restriction Add more examples? 60

61 Species at Risk Websites & Contacts Websites For SARA permit applications visit For SARA screening maps/guidance document we do/watershed stewardship/aquaticspecies at risk For further information, you may wish to contact: DFO s Fisheries Protection Program fisheriesprotection@dfo-mpo.gc.ca 61

62 Questions? 62