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  1. Order Giving Notice of Decisions not to add Certain Species to the List of Endangered Species - SI/2006-110 (ANNEX 1 : Statement Setting Out the Reasons for Not Adding Five Populations of the Beluga Whale, Porbeagle Shark, and Two Populations of the White Sturgeon to the List)
    Order Giving Notice of Decisions not to add Certain Species to the List of Endangered Species

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    Beluga Whale (Delphinapterus leucas) (Cumberland Sound Population, Eastern High Arctic/Baffin Bay Population, Eastern Hudson Bay Population, Ungava Bay Population, Western Hudson Bay Population)

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    The Committee on the Status of Endangered Wildlife in Canada (COSEWIC) states that available evidence supports dividing the Canadian belugas into seven populations, based on largely disjunct summer distributions and genetic differences. Five of these populations are currently under consideration for listing under the Act, including Cumberland Sound, Eastern High Arctic/Baffin Bay, Eastern Hudson Bay, Ungava Bay, and Western Hudson Bay populations. Historical commercial hunting has been the main cause of the declines in some populations, although belugas are also threatened by natural factors including ice entrapments and predators such as polar bears and killer whales. A variety of other human activities may also put beluga whales at risk, including noise and disturbance resulting from vessel traffic, climate change, contaminants and hydro-electric dams.

    [...]

    Not adding these five populations of the beluga whale at this time is necessary in order to further consult with the Nunavut Wildlife Management Board. While good progress has been made to consult on whether or not to list these beluga populations, further engagement with the Nunavut Wildlife Management Board will continue to ensure that the current decision and future listing decisions are made in full consideration of the views of the Inuit people. Any future listing decisions will be consistent with an approach that provides the best opportunity for the continued survival and future recovery of this species.

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    White Sturgeon (Acipenser transmontanus) (Lower Fraser River Population, Middle Fraser River Population)

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    The white sturgeon is the largest freshwater fish in Canada, sometimes exceeding six metres in length. Sturgeons consist of several species that historically occurred throughout the temperate northern hemisphere, which have in recent years declined substantially due to various human induced impacts. Spawning populations of the white sturgeon occur only in the Fraser, Columbia, and Sacramento River systems on the Pacific coast of North America. These populations are genetically distinct from each other and each consists of several genetically distinct sub-populations. Six of these subpopulations have a Canadian range: four in the Fraser River system (Lower, Middle, and Upper Fraser populations as well as the Nechako River population) and two in the Columbia River system (Upper Columbia River and Kootenay River populations).

    [...]

    The decisions to not add the Lower Fraser River and Middle Fraser River populations of the white sturgeon to Schedule 1 of the Act are based on the potential negative socio economic impacts a listing decision would have on Aboriginal peoples and the sport fishing industry. As well, the existing catch and release white sturgeon fishery on the Lower Fraser River and Middle Fraser River is a key source of information to monitor and manage the populations. Listing these populations creates the potential for reduced stewardship for conserving and rebuilding white sturgeon populations.

    [...]

    The Lower Fraser River population, and to a lesser extent the Middle Fraser River population, of white sturgeon is subject to a catch and release recreational fishery that is managed by the Province of British Columbia. This fishery is a key source of information to both monitor and to manage white sturgeon, and provides a means for governments, the recreational fishing industry and conservation groups to work together to conserve and recover this species. Listing these two populations under the Act could lead to between $2.1 million and $9.3 million in annual losses to the recreational fishery sector. As well, the Lower Fraser River and Middle Fraser River populations of the white sturgeon are harvested as bycatch by First Nations during their food, social, and ceremonial fisheries for salmon. For both populations, there is currently a voluntary release of white sturgeon bycatch by First Nations. However, listing these populations could lead to further restrictions on salmon fishing by First Nations.

    Many conservation measures are already in place to protect and conserve the Lower Fraser River and Middle Fraser River populations of the white sturgeon. The Department of Fisheries and Oceans (DFO) will continue to use existing legal, and funding mechanisms, including the Fisheries Act, other government programs, and actions by non-governmental organizations, industry, and Canadians to protect and recover these populations. With the federal government’s cooperation, the province of British Columbia has led recovery planning over several years. This work in collaboration with others will complete the plan to guide future management activities, identify rebuilding strategies, and encourage ongoing and complementary stewardship activities.


  2. Order Giving Notice of Decisions Not to Add Certain Species to the List of Endangered Species - SI/2010-14 (ANNEX : Statement Setting Out the Reasons for the Decisions Not To Add the Winter Skate and the Chinook Salmon to the List of Wildlife Species at Risk)
    Order Giving Notice of Decisions Not to Add Certain Species to the List of Endangered Species

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    • 1 Winter Skate (Leucoraja ocellata) (Southern Gulf of St. Lawrence population, Eastern Scotian Shelf population and Georges Bank–Western Scotian Shelf–Bay of Fundy population)

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      Winter Skate are distinguished from other skates by their rounded snout and eye spots on the upper side near the corner of the pectoral fins. However, these eye spots are not always present. In the absence of eye spots, a closer inspection of a variety of other characteristics must be carried out to correctly distinguish this species, particularly from Little Skate (Leucoraja erinacea) whose range overlaps that of Winter Skate. The lower surface of Winter Skate is usually whitish, often with irregular brownish blotches near the rear and tail.

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      The prohibitions under section 32 of the Species at Risk Act (“the Act”), which come into effect after listing a species as threatened or endangered, require that any activity that would result in killing, harming, harassing, capturing or taking the listed species be stopped immediately. This would include fishing activity, if the Winter Skate is caught as bycatch while listed as threatened or endangered, as is the case for the Southern Gulf of St. Lawrence and Eastern Scotian Shelf populations, which have been assessed as endangered species and threatened species respectively. The negative socio-economic impacts of listing these populations would be significant and the population trajectory of the species is unlikely to be reversed as a result of the listing. The closure of commercial fisheries in Northwest Atlantic Fisheries Organization areas 4T and 4VW, which would be necessary as a result of listing these populations, would result in millions of dollars in lost revenue annually, as well as significant direct and indirect job losses.

      There is a lack of support from New Brunswick, Nova Scotia, Prince Edward Island, Quebec and industry stakeholders for the listing of these three populations of Winter Skate. Some Aboriginal communities have also expressed reservations about listing.

      There have been significant declines in the Southern Gulf of St. Lawrence and the Eastern Scotian Shelf populations of Winter Skate, while the abundance of mature Winter Skate is steady in the Georges Bank–Western Scotian Shelf–Bay of Fundy population and the geographic range of the population has neither increased nor decreased since the last abundance estimates were completed. While fishing is believed to be the main human activity directly affecting the Winter Skate populations, it is estimated to contribute very little to the current elevated mortality of mature Winter Skate. The COSEWIC status report notes that the dominant impediment to this species’ recovery potential is the high rate of natural mortality within the remaining adult population. The significant declines are understood to be related to the life-cycle characteristics of the Winter Skate, which include a delayed age at maturity, an extended intergenerational time and low fecundity. These factors, when coupled with high rates of natural mortality, increase the species’ vulnerability to exploitation and poor rate of recovery and lead to an increased risk of extinction. Adding these populations to the List would not help address the high rate of natural mortality that is the main concern regarding the species’ recovery, producing very little benefit to the species while incurring significant economic costs.

      The primary source of human induced mortality, bycatch, can be addressed through the Fisheries Act, which provides legally enforceable protection measures. Targeted conservation measures will be included in the groundfish Integrated Fisheries Management Plans and implemented as conditions of fishing licenses issued for groundfish. The measures would reduce human induced mortality and would include, but would not be limited to, continued closure of the commercial skate fishery, mandatory discarding of all Winter Skate caught as bycatch, including live release of Winter Skate, wherever possible, and monitoring to determine discard rates. For the primary human induced threat, bycatch, existing legislation is available to establish the regulatory and management framework required to promote recovery of the species. These measures would be similar to measures contained in a management plan compliant with the Act.

    • 2 Chinook Salmon (Oncorhynchus tshawytscha) (Okanagan Population)

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      Adding Okanagan Chinook Salmon to the List would immediately activate the prohibitions contained in section 32 of the Act. Since individuals of this population cannot easily be distinguished from other co-mingling populations of Chinook Salmon, implementing the prohibitions would require the closure of all commercial fisheries in which the Okanagan population could potentially be intercepted. Consequently, commercial Chinook Salmon troll fisheries on the north and west coasts of Vancouver Island would have to be closed. The closure of these Chinook Salmon fisheries would result in the loss of approximately $19 million per year to the B.C. economy: $7.7 million per year in lost wages for people working in commercial fishing, $4.2 million per year in lost profits to the commercial fishing industry and $7.3 million per year lost in commercial fishing licence values. The Recovery Potential Assessment indicates that this reduction in catch would, by itself, not provide for the recovery of Okanagan Chinook Salmon.

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  3. Order Giving Notice of Decisions not to add Certain Species to the List of Endangered Species - SI/2006-61 (ANNEX 1 : Statement Setting Out the Reasons for Not Adding Three Populations of Atlantic Cod and One Population of Coho Salmon to the List)
    Order Giving Notice of Decisions not to add Certain Species to the List of Endangered Species

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    Atlantic Cod (Newfoundland and Labrador Population, Laurentian North Population, Maritimes population)

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    COSEWIC has assessed the Newfoundland and Labrador, Laurentian North and Maritimes populations as endangered, threatened and special concern, respectively. COSEWIC has identified the threats to these three populations of cod as fishing, predation by fish and seals and natural and fishing-induced changes to the ecosystem. The cod stocks that make up these three populations are at various levels of abundance. While it is true that there are fewer cod in stocks in offshore waters where they were once abundant, the situation for the cod species as a whole is highly variable. There are tens of millions of cod, particularly in the near shore waters of Newfoundland and Labrador, and some cod stocks are recovered and increasing, supporting sustainable fisheries.

    Of the 12 aquatic species currently under consideration for listing under the Species At Risk Act (SARA), these three populations of Atlantic Cod are particularly challenging. The decline of the once-dominant cod fishery and the historical and current significance of Atlantic Cod to the fishery and economy of Atlantic Canada and Quebec have been key considerations in the development of this recommendation. In the early 1990s it became clear that groundfish populations were reduced. Many stocks were closed to fishing in 1992/93. Cod management through the 1990s and into the early 2000s focused on the recovery of the fishery. Moratoria on directed fishing of many cod stocks continue to this day, throughout much of Canada’s Exclusive Economic Zone.

    Despite the fact that shellfish have dominated the Atlantic fishing industry in terms of value and effort since the collapse of most groundfish species in the 1990s, cod still holds a place of preeminence among those who rely on the fishery for their livelihood, as the species upon which the Atlantic fishery was built. The cod fishery is at the core of the cultural roots of many coastal rural communities in Atlantic Canada and Quebec. Consequently, any decision that is made with respect to the management of Atlantic Cod will likely generate intense reactions. This was certainly evidenced in 2003 when the directed cod fisheries in two cod management areas (4RS3Pn and 2J3KL) were closed. These closures resulted in forceful and extended public backlash including from industry and provinces.

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    Many conservation measures are already in place to protect and conserve Atlantic Cod. These measures include moratoria, reduced direct and bycatch harvests, reduced allowable harvest of capelin (a prey species of cod), mandatory harvest plans for all groundfish and the use of at-sea observers to monitor the harvest of Atlantic Cod. Three complementary federal-provincial Cod Action Teams have existed since 2003 and have developed rebuilding strategies for most stocks in these populations.

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    Coho Salmon (Interior Fraser population)

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    There is uncertainty around future foregone revenue for Coho following its listing under SARA and the increased harvest that may result in the event of increased marine survival. As well, there is uncertainty due to the fact that currently the sale of legally harvested fish is prohibited, though it is expected that these issues will be resolved before Coho recover to the extent where open sale would be possible. Over the longer term, if marine survival improves and if adequate flexibility is not available under the recovery strategy, there could be losses experienced by the fishing industry. In the 2009-2016 timeframe, foregone gross combined revenue loss for the fish harvesting and processing sectors could range from $4.9 million to $52.9 million (present value), with direct total employment impacts ranging from 350 to 2160 person-years. In addition, losses in recreational sector revenue resulting from reduced angling opportunities could be between $41.9 million to $227 million.


  4. Order Giving Notice of Decisions Not to Add Certain Species to the List of Endangered Species - SI/2011-56 (ANNEX : Statement Setting Out the Reasons for the Decisions Not To Add the Bocaccio, Canary Rockfish and Lake Winnipeg Physa to the List of Wildlife Species at Risk)
    Order Giving Notice of Decisions Not to Add Certain Species to the List of Endangered Species

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    • 1 Bocaccio (Sebastes paucispinis)

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      As well, improved catch monitoring will be established to better estimate the level of mortality of Bocaccio in the recreational and First Nations fisheries to ensure that non-directed catch levels do not increase. In particular, a review of the recreational groundfish creel program will be conducted to estimate the recreational catch for the upcoming year. This review will be used to inform recommendations for an improved catch monitoring program for the recreational sector. In addition, DFO is working co-operatively with First Nations to develop new tools for reporting catch information from food, social and ceremonial fisheries. Current harvest from these sectors is not considered to impact recovery of the species.

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      The outcome of these new measures is expected to allow for the improved catch monitoring for all groundfish species, whether through directed or non-directed fisheries. This improved catch monitoring will allow DFO to accurately monitor harvest of all groundfish species to ensure that they remain within sustainable levels.

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    • 2 Canary rockfish (Sebastes pinniger)

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      In direct response to COSEWIC’s 2007 assessment, Canary rockfish catch limits for commercial harvesters and recreational fishers were reduced. Initiatives to reduce harvest in the commercial sector and improve information included multi-species surveys to monitor relative abundance, 100% at-sea and dockside monitoring of all catch and full catch accountability by all commercial groundfish harvesters. These initiatives will continue to be implemented along with 100% retention of rockfish and implementation of reduced individual quotas and transferability of quotas between all commercial groundfish licences.

      Instead of listing the species on the List, Canary rockfish will continue to be managed under the Fisheries Act. The management objective for this species is to keep the population in the healthy zone. The term “healthy zone” is related to the Precautionary Approach framework and represents the population level where the stock would have no major conservation concerns from a fisheries management perspective. If the population moves out of the healthy zone, a reduction in the commercial Canary rockfish TAC will be implemented. DFO will improve its by-catch monitoring activities in the salmon troll fishery, recreational fishery and First Nations food, social and ceremonial fisheries to better estimate the level of mortality of Canary rockfish in these fisheries and ensure that these by-catches do not increase. As well, DFO will include groundfish trawl discards into catch quotas to better estimate the total level of mortality of Canary rockfish by the groundfish trawl fishery. This will be included to ensure that harvest remains within the prescribed TAC.

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  5. Order Giving Notice of Decisions not to add Certain Species to the List of Endangered Species - SI/2005-72 (ANNEX 1 : Statement Setting Out the Reasons for Not Adding the Plains Bison to the List)
    Order Giving Notice of Decisions not to add Certain Species to the List of Endangered Species

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    Plains Bison (Bison bison bison)

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    By not listing the plains bison, the species will not receive the protection and recovery measures afforded by the Species at Risk Act (the Act). Although not listed in the Act, plains bison in national parks of Canada will continue to be protected under the Canada National Parks Act. Parks Canada has played a significant role in the recovery of plains bison in Canada and will continue to be a leader in the recovery and management of these animals. Reintroduction of plains bison is currently being planned in certain national parks of Canada.

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