THE SPECIES AT RISK ACT (SARA)

1. THE SPECIES AT RISK ACT (SARA) CBA/Justice National Section Meeting Ottawa – November 3, 2006 Robert Rishikof

2. Purpose of the presentation A brief overview of recent events concerning SARA: • Listing decisions; • Recovery strategies • Petitions; and • Judicial Reviews.

3. SARA - Listing • 389 species in total on Schedule 1: • 44 species added to the list this year • Several species not added: • Populations of Atlantic Cod • Interior Fraser River Coho Salmon • Beluga whale populations • Porbeagle Shark • Two populations White sturgeon • Other species referred back to COSEWIC for further information and consideration

4. SARA – Recovery Strategies • 17 finalized • 6 currently posted for consultation • Work is ongoing on over 150

5. SARA – Bilateral Agreements (s.10) • Administrative agreements that promote inter-jurisdictional cooperation for the protection and recovery of species at risk • Agreement with British Columbia is finalized • 2 others in final stages, remainder at various stages of negotiation

6. SARA – Petitions? • No formal process for petitions in the Act • NGOs have adopted this format to request that the Minister exercise her powers

7. SARA – Petitions – “Tiny C” • The plant species Tiny cryptanthe (endangered) and Small flowered Sand Verbena (threatened) are listed on Schedule 1 • These two species are not prescribed in regulations under Alberta’s Wildlife Act • Request that the Minister make a recommendation under s. 34(3)

8. SARA – Petitions – “Tiny C”

9. SARA – Petitions – Woodland Caribou • Woodland Caribou (boreal population) is listed as threatened on Schedule 1 • A portion of this species occurs in Alberta • Current populations have been estimated at below 1000 • Canada-wide the Woodland Caribou (boreal population) is 35,000 - 40,000 individuals

10. SARA – Petitions – Woodland Caribou

11. SARA – Judicial Review –Sakinaw Salmon This species is not listed on Schedule 1 An Assessment of Imminent Threat (requested under s. 28) was completed in the February 2006 Application for an order of mandamus, on the basis of delay, to require a Ministerial recommendation 2005 survey found 27 mature adults

12. SARA – Judicial Review –Sakinaw Salmon

13. SARA – Judicial Review – Spotted Owl • Northern Spotted Owl listed as Endangered on Schedule 1 • 23 individuals found in last year’s survey • Petition to request an emergency order made in February 2004 • JR Application for mandamus – Dec. 2005 • Ministerial Decision – Aug. 2006 • New JR seeking certiorari

14. SARA – Judicial Review – Spotted Owl

15. SARA – Judicial Review – Tulsequah Chief • Mining project undergoing environmental assessment under the CEAA • Screening report indicates the access road for the mine has the potential to affect the East Atlin Woodland Caribou herd • The herd is part of the Northern Mountain population of Woodland Caribou - listed as a “species of special concern” on Schedule 1 • Section 79 of SARA is triggered • JR seeking various declaratory relief and an injunction prohibiting the issuance of approvals and licences

16. SARA – Judicial Review – Tulsequah Chief