Order Acknowledging Receipt of the Assessments Done Pursuant to Subsection 23(1) of the Act: SI/2018-112

Canada Gazette, Part II, Volume 152, Number 26

Registration

SI/2018-112 December 26, 2018

SPECIES AT RISK ACT

Order Acknowledging Receipt of the Assessments Done Pursuant to Subsection 23(1) of the Act

P.C. 2018-1569 December 14, 2018

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, acknowledges receipt, on the making of this Order, of the assessments done pursuant to subsection 23(1) of the Species at Risk Act ^{footnote a} by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) with respect to the species set out in the annexed schedule.

SCHEDULE

Endangered Species

Birds

Swift, Black (Cypseloides niger)
Martinet sombre

Shearwater, Pink-footed (Ardenna creatopus)
Puffin à pieds roses

Threatened Species

Birds

Bunting, Lark (Calamospiza melanocorys)
Bruant noir et blanc

Crossbill percna subspecies, Red (Loxia curvirostra percna)
Bec-croisé des sapins de la sous-espèce percna

Longspur, McCown’s (Rhynchophanes mccownii)
Plectrophane de McCown

Waterthrush, Louisiana (Parkesia motacilla)
Paruline hochequeue

Special Concern

Birds

Auklet, Cassin’s (Ptychoramphus aleuticus)
Starique de Cassin

Grosbeak, Evening (Coccothraustes vespertinus)
Gros-bec errant

Phalarope, Red-necked (Phalaropus lobatus)
Phalarope à bec étroit

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

Order to acknowledge receipt of the assessments from the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) regarding the status of nine wildlife species under paragraph 15(1)(a) and in accordance with subsection 23(1) of the Species at Risk Act (S.C. 2002, c. 29) [SARA].

Objective

The objective of this Order is for the Governor in Council (GIC), on the recommendation of the Minister of the Environment, to acknowledge receipt of the assessments undertaken pursuant to subsection 23(1) of the SARA by the COSEWIC with respect to the wildlife species set out in the annexed schedule of the Order.

Background

The purpose of SARA is to prevent wildlife species from being extirpated or becoming extinct; to provide for the recovery of wildlife species that are extirpated, endangered, or threatened as a result of human activity; and to manage species of special concern to prevent them from becoming endangered or threatened. COSEWIC was formed as an independent scientific body in 1977 with a mandate to provide a single, official, scientifically sound, national classification of wildlife species at risk in Canada. COSEWIC provides the Minister of the Environment with assessments of the status of Canadian wildlife species.

Of the nine COSEWIC assessments of wildlife species included in this Order, five are new assessments and four are reclassifications of a species already on the List of Wildlife Species at Risk (the List) set out in Schedule 1 to SARA.

Implications

Under subsection 27(1.1) of SARA, the GIC may, on the recommendation of the Minister of the Environment, within nine months after receiving COSEWIC’s assessment of the status of a species: accept the assessment and add the species to the List; decide not to add the species to the List; or refer the matter back to COSEWIC for further information or consideration. Under subsection 27(1) of SARA, the GIC may also, on the recommendation of the Minister of the Environment, reclassify or remove a listed species.

In addition, under subsection 27(2) of SARA, before making a recommendation in respect of a wildlife species or a species at risk, the Minister of the Environment must take into account the assessment of COSEWIC in respect of the species, consult the competent minister or ministers ^{footnote 1} and, if a species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of a wildlife species, consult the wildlife management board.

Under subsection 27(3) of SARA, if the Governor in Council has not taken a course of action under subsection 27(1.1) of SARA within nine months after receiving a COSEWIC assessment, the Minister must, by order, amend the List in accordance with COSEWIC’s assessment. However, in regard to this Order, this nine-month timeline does not apply to the four assessments reclassifying species, as these species are already on the List.

Consultations

Initial consultations with interested stakeholders and members of the public took place from: December 2015 to May 2016 for the Black Swift and the Cassin’s Auklet; from December 2015 to October 2016 for the Red-necked Phalarope; from January to May 2017 for the Louisiana Waterthrush, the McCown’s Longspur and the Red Crossbill percna subspecies; and from January to May 2018 for the Evening Grosbeak, Lark Bunting and Pink-footed Shearwater. Fifty-six comments were received during these consultations, and only three comments opposed the listing. The comments will be summarized in the Regulatory Impact Analysis Statement that will accompany the proposed Order to Amend Schedule 1 of the Species at Risk Act.

Departmental contact

Mary Jane Roberts
Director
SARA Policy
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 — COSEWIC assessment of nine species

Legal Population Name	Scientific Name	Current Status	COSEWIC Status Assessment	Range
Species proposed for addition to Schedule 1 of SARA
Black Swift	Cypseloides niger	None	Endangered	British Columbia, Alberta
Cassin’s Auklet	Ptychoramphus aleuticus	None	Special concern	British Columbia, Pacific Ocean
Evening Grosbeak	Coccothraustes vespertinus	None	Special concern	Everywhere in Canada except Nunavut
Lark Bunting	Calamospiza melanocorys	None	Threatened	Alberta, Saskatchewan, Manitoba
Red-necked Phalarope	Phalaropus lobatus	None	Special concern	Everywhere in Canada
Species proposed for reclassification on Schedule 1 of SARA
Louisiana Waterthrush	Parkesia motacilla	Special Concern	Threatened	Ontario, Quebec
McCown’s Longspur	Rhynchophanes mccownii	Special Concern	Threatened	Alberta, Saskatchewan
Pink-footed Shearwater	Ardenna creatopus	Threatened	Endangered	British Columbia, Pacific Ocean
Red Crossbill percna subspecies	Loxia curvirostra percna	Endangered	Threatened	Quebec, Newfoundland and Labrador