Consultation workbook on the addition of Bering-Chukchi-Beaufort Bowhead whales to the SARA List

  1. Table of Contents
  2. Adding a species or population to the SARA list
  3. Information about the Bowhead Whale population
  4. Let us know what you think
  5. Appendix

October 2005

Please send your comments on this consultation to Fisheries & Oceans Canada, Central and Arctic Region at: fwisar@dfo-mpo.gc.ca

Or by regular mail comments should be sent to the following address:

Central and Arctic Region
SARA Coordinator
Freshwater Institute
Fisheries & Oceans Canada
501 University Avenue
Winnipeg, Manitoba
R3T 2N6

To request for additional copies of the workbook, please call 1-866-715-7272.

For more information on the Species at Risk Act, please visit the Public Registry.

For more information on species at risk, please visit the Fisheries & Oceans Canada aquatic Species at Risk website or

Environment Canada’s Species at Risk website.

Information on species at risk is also available on the website of the Committee on the Status of Endangered Wildlife in Canada(COSEWIC).

The Species at Risk Act (SARA) was proclaimed on June 5, 2003, by the Government of Canada. SARA provides a framework for actions across Canada to promote the survival of wildlife species and the protection of our natural heritage. It sets out how to decide which species are a priority for action and what to do to protect a species. It identifies ways governments, organizations and individuals can work together, and it establishes penalties for failures to obey the law.

Two federal Ministers are responsible for the administration of SARA. The Minister of Fisheries and Oceans is the competent Minister for aquatic species. The Minister of the Environment is the competent Minister for all other species at risk, including those found in national parks, national historic sites and other protected heritage areas. The Minister of the Environment is also responsible for the administration of the Act.

The Act protects the plants and animals included on a list within SARA (Schedule 1). Schedule 1 is also referred to as the List of Wildlife Species at Risk and will be referred to as the SARA List in the rest of this workbook. Species are put on the SARA List as a result of the work of the scientists and conservationists who are members of the Committee on the Status of Endangered Wildlife in Canada (COSEWIC). They conduct scientific assessments of the status of species. The Government then decides which species are added to the SARA List as such action could have economic or social implications.

233 species were included on the SARA List of the Act when Parliament passed SARA in December 2002. COSEWIC had already assessed these species as “at risk” using new updated assessment criteria and current information. When the Act came into force in June 2003, these species were on the initial SARA List.

Since then, COSEWIC has identified more species that are at risk. The Minister of Environment is now considering recommending those species for addition to the SARA List. As part of that process, the Minister of Fisheries and Oceans is currently carrying out public consultations on one population of bowhead whales that lives in the Western Arctic. The purpose of this consultation workbook is to invite Canadians to let us know whether these populations should be added to the SARA List.

The Species at Risk Act strengthens the Government of Canada’s ability to protect Canadian plants and animals in danger of becoming extinct. This protection applies only to species which are included on the SARA List. Adding a species to the SARA List requires a two-step process. The first step is identifying a species at risk and the second step is the listing of that species.

COSEWIC is an independent group whose mandate is to assess the status of plants and animals in Canada and identify those at risk. The committee is made up of biologists, ecologists, geneticists and individuals with Aboriginal traditional knowledge who are experts on wildlife species at risk. Members come from many areas, including government, universities, Aboriginal organizations and non-government agencies.

COSEWIC assesses the biological status of a species using the best available information on the biological status of the species. It reviews research, considers community and Aboriginal traditional knowledge, and applies strict assessment criteria. COSEWIC meets once a year to assess the biological status of species. Species that COSEWIC considers to be “at risk” are designated to one of the following categories:

Extinct –A wildlife species that no longer exists.

Extirpated – A wildlife species that is no longer found in the wild in Canada but may be found elsewhere.

Endangered – A wildlife species facing imminent extirpation or extinction.

Threatened – A wildlife species likely to become Endangered if nothing is done to reverse the factors threatening it.

Special Concern – A wildlife species that may become a Threatened or Endangered species because of a combination of biological characteristics and identified threats.

Listing a species at risk

The process of listing a species begins when COSEWIC submits its assessment to the Minister of the Environment. Upon receiving the assessment the Minister has 90 days to issue a Response Statement on how he or she intends to respond to the assessment and, to the extent possible, provide time lines for action. The Minister then forwards the species assessment to Governor in Council (GIC)[1], along with his or her recommendation on whether GIC should…

a) Accept the COSEWIC assessment and add the species to the SARA List;

b) Not add the species to the SARA List; or,

c) Refer the matter back to COSEWIC for further information or consideration.

GIC has nine months after receiving the COSEWIC assessment to decide whether the species should be added to the SARA List. If a decision has not been made within that time period, the Minister of the Environment will add the species to the SARA List.

The amount of protection the SARA provides depends on the assessed category. It is an offence to kill, harm, harass, possess, collect, buy, sell or trade an individual of an Extirpated, Endangered and Threatened species. It is also illegal under the Act to damage or destroy the residences of Endangered and Threatened species or for Extirpated species if a recovery strategy has recommended the introduction of the species into the wild in Canada. These prohibitions do not apply to species of Special Concern. SARA protects all listed birds covered under theMigratory Birds Convention Act, 1994, all listed aquatic species and all listed species on federal lands. The provinces and territories are responsible for making sure that all listed Extirpated, Endangered and Threatened species that are located outside federal lands receive adequate protection. However, if that protection is not given, the federal government can intervene, using “safety-net” provisions of SARA, but only after consulting with the province or territory concerned and carrying out public consultations.

The ministers of the Environment and of Fisheries and Oceans can, under special circumstances, make exceptions to SARA. For example, they can issue a permit that would allow a qualified scientist to carry out a research project that benefits a listed species or is required to enhance its chances of survival in the wild. Exceptions can only be made if all reasonable alternatives have been considered and if the Minister can be assured that the survival or recovery of the species will not be jeopardized.

If a wildlife species is added to the SARA List as an Extirpated, Endangered or Threatened species, the competent Minister must prepare a strategy for its recovery. Recovery strategies must be completed and made available on the SARA Public Registry, for public review, within one year for newly listed Endangered species and within two years for Threatened and Extirpated species. The Recovery Strategy addresses known threats to the species, identifies critical habitat to the extent possible and gaps in knowledge. It also sets a recovery goal. The Recovery Strategy is followed up with one or more Action Plans that identify ways to reduce threats to the species and protect its critical habitat, as well as other measures to be taken to implement the Recovery Strategy.

The Recovery Strategy and Actions Plans are prepared in cooperation and consultation with Wildlife Management Boards, Aboriginal communities that are directly affected by the Recovery Strategy, and jurisdictions such as provincial or territorial governments who are responsible for the management of the species. Landowners and others who are directly affected will also be consulted.

If a wildlife species is listed as a species of Special Concern, the responsible Minister must prepare a Management Plan. It must be posted on the SARA Public Registry within three years of the species being added to the SARA List. The Management Plan identifies conservation measures aimed at protecting the species and its habitat. A

Management Plan is prepared in cooperation with groups directly affected by the plans, including Wildlife Management Boards and Aboriginal organizations. To the extent possible, landowners, land users and others who may be directly affected by the plans will also be consulted.

Before the Minister of the Environment makes a recommendation to GIC about whether to add a species to the SARA List, he or she will consider the balance between the social and economic benefits and costs associated with adding the species to the SARA List, and the potential consequences for the species and Canadians of not adding it. The Government will meet with wildlife management boards, Aboriginal groups or organizations and other members of the public who have either a direct interest in the species under consideration or wish to comment on the issue. This includes – but is not limited to – landowners, land users, non-government environmental organizations, industries and industry groups. This consultation workbook is another way in which you can let us know what you think.

Comments received from Canadians will be carefully reviewed, evaluated and documented in a Regulatory Impact Analysis Statement (RIAS). The RIAS is an important part of the federal government’s regulatory process. In addition, a draft Order (an instrument that serves notice of a decision taken by the executive arm of government) proposing to add the species to the SARA List is prepared. This draft Order along with the RIAS will be published in the Canada Gazette Part I for a period of time to allow Canadians another opportunity to comment. The Minister of the Environment will take into consideration all received comments before recommending to the GIC whether to add the species to the SARA List or not. The GIC’s decision will be published in the Canada Gazette Part II and made available on the SARA Public Registry.

Consultations concerning adding species to the SARA List are part of the Government’s commitment to encourage public participation in programs designed to protect Canadian plants and animals and their habitat. The Bering-Chukchi-Beaufort bowhead whale population has been recently reassessed by COSEWIC as a species at risk and is being considered for addition to the SARA List. We welcome your comments about whether this bowhead whale population should be added to the SARA List.

A questionnaire has been provided near the end of this workbook. Please fill it out and mail your answers and comments to

Central & Arctic Region SARA Coordinator
Freshwater Institute
Fisheries & Oceans Canada
501 University Avenue
Winnipeg MB R3T 2N6

or

fwisar@dfo-mpo.gc.ca

The deadline for submission of comments is March 31, 2006.

The SARA Public Registry, available on the Internet, is a complete source of information on topics covered by the Act and offers access to public records concerning the administration of SARA. It is a key instrument that allows the government to respect its commitment to support public contribution in the environmental decision-making process. The Public Registry can be found at the following address:

http://www.sararegistry.gc.ca


[1]Governor in Council is the Governor General of Canada acting on the advice of the Queen’s Privy Council of Canada (i.e. Cabinet).

Status: Special Concern

Last Examination by COSEWIC: May 2005

The bowhead whale, Baleana mysticetus, is a large baleen whale, with a barrel-shaped body and a very large head. Young individuals are entirely brownish black, developing white markings on the chin, fluke tips and tailstock as they mature. At birth they are about 3.5-4.5 m long and weigh about 2,000-3,000 kg. Adult males reach physical maturity at about 12 m and weigh an average of 90,000 kg. Adult females reach maturity at about 13 m and can exceed 18 m at their maximum size. Adult females are larger than adult males.

Females reach sexual maturity at about 25 years of age. Breeding occurs in late winter or early spring, and calves are born from April to early June after a gestation period of 13 to 14 months. On average, the calving interval is about one calf every three to four years. Life span can exceed 100 years.

Bowhead whales feed mainly on copepods in areas where the currents are strongest. Feeding activity may be high around the time of a full moon when tidal variation is greatest.

The Bering-Chukchi-Beaufort bowhead whale population winters (November to April) in the western and central Bering Sea where there is adequate open water and broken pack ice (Figure 1). In spring (April through June) the whales migrate north and east to the eastern Beaufort Sea. In summer (June to September) the whales are distributed mainly in the Canadian Beaufort Sea, along the south and west coasts of Banks Island, in Amundsen Gulf, and along western Tuktoyaktuk Peninsula. In fall (September and October) bowhead whales migrate from the Canadian Beaufort Sea into Alaskan Beaufort Sea and Chukchi Sea and then into the Bering Sea.

The most recent published estimate, based on the 2001 ice-based census, is 10,470 (8,100-13,500) whales.

Bowhead whales are known to be displaced for short periods of time by industrial activity such as oil and gas exploration and development. Effects on bowhead whales over the long term are unknown.

In Canada, one bowhead whale was landed in 1991 and one in 1996 by the Aklavik Hunters and Trappers Committee (HTC). No further licenses have been requested by (or issued to) the Aklavik HTC since 1996. In Alaska and the Chukotka Peninsula, there is a subsistence harvest. A quota of 280 bowhead whales was set for 1999-2002 of which a total of 67 (plus up to 15 unharvested in the previous year) could be taken each year.

This population was hunted to low levels during commercial whaling. Although supporting a regulated hunt, it is recovering and is currently at about 50% of its historical population size. The population is not yet secure and is potentially negatively affected by climate change, and by oil and gas development.

Adding Bering-Chukchi-Beaufort bowhead whales as a Species of Special Concern to the SARA List would require the development of a management plan, a document to promote conservation of a vulnerable species or population by establishing specific management or conservation measures. A Management Plan was developed for bowhead whales in the Western Arctic in 1994. If Bering-Chukchi-Beaufort bowhead whales are added to the SARA List the Management Plan will be updated.

By answering the following questions you will help the federal government understand the benefits and impacts of adding the Bering-Chukchi-Beaufort bowhead whale population to the SARA List.

Please fill out the questionnaire that follows and send us your answers either by mail

Central and Arctic Region
SARA Coordinator
Freshwater Institute
Fisheries & Oceans Canada
501 University Avenue
Winnipeg, Manitoba
R3T 2N6

by fax: (204) 983-5192

or by e-mail: fwisar@dfo-mpo.gc.ca

The deadline for receiving comments is March 31, 2006.

For questions or comments concerning the Species at Risk Act or concerning this consultation process, please write to us at the address given above or call us at (204) 984-0599.

THANK YOU

Your name (optional): __________________________

Population of interest: Bering-Chukchi-Beaufort bowheadwhale

What is your interest in Bering-Chukchi-Beaufort bowhead whales?

(for example: fishing/hunting as a food source, tourism, guiding, research, etc.)

______________________________________________________________________

1) Are you in favour of the Government of Canada adding Bering-Chukchi-Beaufort bowhead whales to the SARA List?

£ Yes £ No

Why?

2a) Based on what you have learned about the Species at Risk Act, do you think adding Bering-Chukchi-Beaufort bowhead whales to the SARA List would affect your activities?

£ Yes £ No

b) If “Yes”, do you see these effects as a cost or benefit to you, and in what way?

c) If you think adding Bering-Chukchi-Beaufort bowhead whales to the SARA List will have a negative effect on you or your activities, can you suggest ways to reduce the impact?

3. Do you think you could contribute to the conservation of Bering-Chukchi-Beaufort bowhead whales as an individual or organization? Can you give a few examples of activities?

4. To be effective, the recovery or conservation of a species at risk must be a cooperative process that includes organizations and individuals with knowledge of the population and the threats it faces. Please tell us which organizations or individuals you feel should be involved in the recovery or conservation of Bering-Chukchi-Beaufort bowhead whales?

5. Please add any other comments or concerns (include additional sheets, if necessary).

PLEASE SEND COMMENTS BY March 31, 2006

Figure 1. Generalized seasonal occurrence and migration corridor for the Bering-Chukchi-Beaufort bowhead whale population (modified from COSEWIC status report 2004).

Figure 1. Generalized seasonal occurrence and migration corridor for the Bering-Chukchi-Beaufort bowhead whale population (modified from COSEWIC status report 2004).

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