ECCC's Role in Providing Science Advice on Federal...

ECCC's Role in Providing Science

Advice on Federal Wildlife Under the

Canadian Environmental Assessment

Act, 2012

Jennifer Huxter and Rachel Mayberry, ECCC

Environmental and Social Assessment Forum

Columbia Mountains Institute of Applied Ecology

February 23, 2016

Page 2 – March-7-16

Objective

• To provide an overview of Environment and Climate Change Canada’s

(ECCC’s) federal environmental assessment (EA) expertise, interests and

mandate, related to the department’s responsibilities under the Species at

Risk Act (SARA) and the Migratory Bird Convention Act (MBCA).

Canada Warbler, SARA Schedule 1

Threatened, protected under the MBCA

Little Brown Myotis, SARA Schedule 1

Endangered


Federal EA Processes Overview

• The Canadian Environmental Assessment Act, 2012 (CEAA

2012) came into effect on July 6, 2012.

• This legislation resulted in changes to the conduct of federal

EAs, including:

– Changes to the EA decision-makers, known as Responsible

Authorities

– Updates to the Projects which require EAs

– EAs are focused on federal mandate (CEAA 2012 Section 5)


• This legislation resulted in

changes to the conduct of

federal EAs, including:

• Legislated timeline

requirements

• Substitution of federal EA

processes

• Follow-up is mandatory for

designated projects

Federal EA Processes Overview -

Continued

Ajax Project post-mining land use schematic;

this Project is located adjacent to Kamloops.

This project is subject to a federal EA.

Image from the Ajax Project EA Application


New Interim Approach to Federal

EAs Announced

• On January 27, 2016, the Minister of Environment and Climate Change

and Minister of Natural Resources announced an interim approach for

federal EA processes.

• No project proponents will have to re-start their projects as a result of

these new approaches; EAs will continue within the current legislative

framework and in accordance with treaty provisions.


ECCC’s Involvement in Federal

Environmental Assessment Processes • ECCC participates in a variety of EA processes, depending on

jurisdictional and legislative considerations.

• In projects subject to CEAA 2012, ECCC participates as a expert

authority; we provide scientific expertise related to our mandate but do

not make project decisions.

Ruddock Creek mine schematic;

this project is located near the

Monashee mountains and is 100

km north of Revelstoke. This

project is subject to a federal EA.

Image from the Ruddock Creek

Mine Project Description


ECCC’s Involvement in Federal EA

Processes - Continued

• Under CEAA 2012, ECCC participates in the below EA types:

– Designated EAs (which may be coordinated with provincial EA

processes)

– Review Panel EAs

– Substituted EAs

– National Energy Board projects (i.e. pipelines, oil & gas facilities)

– Canadian Nuclear Safety Commission projects

– CEAA 2012 section 67


ECCC’s Environmental Assessment

Expertise, Mandate and Interests • ECCC has a number of areas of expertise, stemming from the

department’s mandate:

– Water Quality (under the Fisheries Act)

– Air Quality (under the Canadian Environmental Protection Act, CEPA)

– Environmental Emergencies (under CEPA)

– Disposal At Sea (under CEPA)

– Migratory Birds (under the MBCA)

– Species at Risk (under SARA)

– Wetlands (lead federal advisor on Federal Policy on Wetland

Conservation)


Columbia Region

Federal EAs

• ECCC is currently

participating in several

federal EAs in the

southern interior:


ECCC’s Typical EA Advice

• For EA projects, ECCC may review potential project

impacts and provide science-based advice related to:

– Water quality

– Air Quality

Water Quality measurement at the

Coal Mountain Mine; photo from Teck

Resources: www.teck.com

http://www.teck.com/


ECCC’s Typical EA Advice -

continued

• For EA projects, ECCC typically

reviews likely Project impacts to:

– Environmental emergencies

response plans;

– Direct and Upstream GHGs;*

– Federal Wildlife

American Badger jeffersonii subspecies;

photo from COSEWIC Assessment and

Status Report

* Subject to be update with interim approach

for federal EA processes


ECCC Federal Wildlife Advice

• ECCC works to bring forward science based advice for

consideration in decisions

• Ensure advice is:

– Accurate

– Relevant

– Consistent

• Related to:

– Species at Risk

– Migratory Birds

– Wetlands

Creston Valley Wildlife Management

Area wetlands


Migratory Birds

Common Loon

© Simon Pierre

Barrette

http://ec.gc.ca/ap-pa/default.asp?lang=En&n=EB3D54D1-1


Migratory Birds Convention Act, 1994

(MBCA)

• Purpose of the MBCA:

– To implement the Migratory Birds Convention between Canada and the

United States by protecting and conserving migratory birds, as

populations and individuals.

• Government of Canada is responsible for protecting and conserving

the roughly 500 species of migratory birds regularly occurring in

Canada.

– Includes all seabirds (except cormorants, pelicans), all waterfowl, all

shorebirds and most landbirds


Relevant Prohibitions to

Environmental Assessment

Under the MBCA and associated Migratory Bird

Regulations there are prohibitions against:

• The deposition of a substance that is harmful to

migratory birds (in areas or waters where they frequent

or where the deposit could enter such locations)

– e.g. oil spill

• The disturbance, destruction, or taking of a nest, egg or

nest shelter of a migratory bird


Avoiding Incidental Take

• Inadvertent harming, killing, disturbance or destruction of migratory

birds, nests and eggs

• Prohibited under the MBCA

• Examples of activities that could result in incidental take:

– clearing trees and other vegetation

– draining or flooding land

• Habitat destruction has a high risk of disturbing or destroying

migratory bird eggs and nests during nesting.


Avoiding Incidental Take – Plan Ahead

• Know your legal obligations

• Determine the likelihood of the presence of migratory birds, their

nests or eggs by using a scientifically sound approach that

considers:

– the available bird habitats,

– what migratory bird species are likely to be encountered in such habitats, and

– the likely time periods when they would be present.

• Avoid potentially destructive or disruptive activities at key locations

or during key periods

– including the breeding periods and periods of high usage, such as migration

and/or feeding periods that vary by region and by species

• Detailed information on incidental take, including nesting windows, is

found on ECCC’s website (http://ec.gc.ca/paom-itmb/default.asp?lang=En&n=C51C415F-1)

http://ec.gc.ca/paom-itmb/default.asp?lang=En&n=C51C415F-1






ECCC’s Role in Environmental

Assessments for Migratory Birds

Provide input in EA reviews to:

• Contribute expertise related to migratory birds and the MBCA


ECCC’s Approach to Migratory Birds

in Environmental Assessments

Desired EA outcomes:

• Compliance with MBCA

• Migratory bird populations are not put at risk by project activities.

• Migratory bird habitat, especially priority habitat area, is conserved.

• Knowledge of pre-project populations, distribution, and habitat for

each migratory bird species within the proposed project area and its

zone of influence

• All potential project effects on migratory birds are identified and

avoided

• Monitoring to provide for adaptive management


Species at Risk

Southern Mountain Caribou –

Threatened

Western Toad -

Special concern

© Mark Bradley

© Dan Busby

Olive-sided Flycatcher – Threatened


Canada’s Species at Risk Act (SARA)

• Under the Accord for the Protection of Species at Risk (1996),

federal, provincial, and territorial government signatories agreed

to establish complementary legislation and programs that

provide for effective protection of species at risk throughout

Canada.

Purposes of SARA:

• To prevent wildlife species in Canada from disappearing;

• To provide for the recovery of wildlife species that are extirpated

(no longer exist in the wild in Canada), endangered, or

threatened as a result of human activity; and

• To manage species of special concern to prevent them from

becoming endangered or threatened.


Species at Risk Status

Status Definition

Extirpated Species that no longer exists in the wild in Canada, but exists

elsewhere in the wild

Endangered Species that is facing imminent extirpation or extinction.

Threatened Species that is likely to become an endangered species if

nothing is done to reverse the factors leading to its extirpation

or extinction.

Special

concern

Species that may become a threatened or an endangered

species because of a combination of biological

characteristics and identified threats.


SARA Process

COSEWIC

Assessment

• Committee

on the

Status of

Wildlife in

Canada

SARA

Listing/Delisting

• Recommendation

to Governor in

Council (GIC)

•GIC decision

•Emergency

listing also

possible

Planning

• Critical

habitat

identification

• Recovery

strategies,

action plans,

management

plans

Protection

• Different for

different

species and

federal vs non

federal land.

• Emergency orders also

possible

Reporting

• Implementation

and progress

under recovery

strategy,

management

plan, action

plan every 5

years

Western Screech-Owl

macfarlanei subspecies -

Endangered


Responsibilities under SARA

• Under SARA, ECCC has a number of responsibilities, including:

– Overall administration of SARA

– Development of recovery documents

– Protection

– Permitting

© Zoe Crysler and Danielle Fife

Common

Nighthawk –

Threatened


SARA – Relevant Sections to

Environmental Assessment

• General Prohibitions (s. 32-36) – Protection of individuals and residences (e.g. den, nest)

• Recovery strategies and action plans (s.37-55) – Include identification of critical habitat, to the extent possible

• Protection of Critical Habitat (s.56-64)

• Agreements and permits (s.73-77)

• Project Review (s. 79)

• Emergency Protection (s.80)


General Prohibitions: Protection of

Individuals and Residences

• Listing triggers “general prohibitions” that apply to species listed as extirpated, endangered, or threatened (not special concern). No person shall:

– kill, harm, harass, capture or take an individual

– possess, collect, buy, sell or trade an individual, or any part or derivative

– damage or destroy the residence of one or more individuals

• General prohibitions apply: – On federal lands

– To aquatic species anywhere they occur

– To migratory birds protected under the MBCA 1994 anywhere they occur

• The prohibitions do not apply on private or provincial/territorial lands for non-migratory bird species without a Governor in Council decision to make an order


Recovery Planning

• Listing also triggers requirements for recovery planning

• For extirpated, endangered and threatened species:

1. Recovery strategies establish population and distribution objectives and

must include identification of critical habitat, to the extent possible

2. Action plans: outline priority recovery actions and must include

identification of critical habitat to the extent possible if not already completed

• For species of special concern a management plan is prepared

• Cooperation with provinces and territories, federal ministers, wildlife

management boards, aboriginal organizations

• Consultation with landowners, persons directly affected by the strategy


Critical Habitat Identification

Critical Habitat – Species at Risk Act (SARA) definition:

“the habitat that is necessary for the survival or recovery of a listed

wildlife species and that is identified … in the recovery strategy or in

an action plan for the species.”

• Linked to Population & Distribution objectives

• “to the extent possible, based on the best available information”

• Comprised of:

– a) Geographic location or area within which critical habitat is found,

– b) Biophysical attributes, and

– c) Activities likely to result in destruction of critical habitat.


Critical Habitat Identification - Scale

• As the scale of identification is broadened (i.e. from “site” level to

“area” level, to “landscape” level), there is increased need to focus

on the definition of biophysical attributes that comprise the

identification for management and protection purposes.


Critical Habitat Identification – Scale

• Area containing critical habitat essentially

represents critical habitat

– Example: Toothcup – endangered

• Critical habitat is identified such that it is uncertain

as to what portion of the mapped critical habitat unit

is likely to possess biophysical attributes until

surveys are conducted

– Example: Williamson’s Sapsucker - endangered

© Jennifer Anderson @ USDA-

NRCS PLANTS Database

© Les W. Gyug


Destruction of Critical Habitat

• What “destruction” of critical habitat is:

– Permanent or temporary degradation of

any part of critical habitat such that it

would not serve its function when the

species needs it

– May result from a single action or

cumulative effects

• What “destruction” of critical habitat is not:

– Threats

– Partial degradation if functionality is

retained


Protection of Critical Habitat

• Identification of critical habitat is separate from

protection.

• Under specified conditions, no person shall destroy

any part of the critical habitat of any species listed

as endangered, threatened, or extirpated if a

recovery strategy has recommended its

reintroduction in Canada

• Land tenure establishes which mechanisms can be

used to protect critical habitat:

• Federal land (protected areas & other federal lands)

• Non-federal land (private or provincial crown land)

Western Rattlesnake –

Threatened


Permits Issued under SARA

• Permits are needed only where the Act’s prohibitions apply

• Permits may only be issued for three purposes

• The permit may only be issued if the Minister is of the opinion that:

– All reasonable alternatives to the activity have been considered;

– All feasible measures will be taken to minimize the impact of the activity on

the species and their habitat; and

– The activity will not jeopardize the survival and recovery of the species

• In an EA context, permits may be required to conduct various project-

related activities (e.g. capturing species at risk for baseline studies or

construction that would destroy a residence) where prohibitions apply


Project Review (SARA s. 79):

Connection with CEAA 2012 SARA requirements of a Responsible Authority (decision-maker):

• Notify appropriate competent minister under SARA if project is likely

to affect a listed wildlife species or its critical habitat

• Identify adverse effects on listed wildlife species or their critical

habitat

• Avoid or lessen adverse effects and monitor them, consistent with

any recovery strategies or action plans

Monarch –

Special Concern


ECCC’s Role in Environmental

Assessments for Species at Risk

Provide input in EA reviews to:

• Contribute expertise related to species at risk and the Species at Risk

Act (e.g. advice related to recovery strategies, critical habitat, etc.)

– ECCC is the lead management jurisdiction for migratory birds

– Province of BC is the lead management jurisdiction for all other land-based

species, and ECCC advises Proponents to contact the Province for

information, expertise and advice on those species

• Assist the Responsible Authority in fulfilling its obligations, including its

responsibilities under SARA (i.e. Project Review s. 79)


ECCC’s Approach to Species at Risk

in Environmental Assessments

Desired EA outcomes:

• Project activities do not jeopardize survival or recovery of SARA-

listed species at risk or contribute to future up-listing of wildlife.

• Knowledge of pre-project relative abundance, distribution, and

critical habitat for each SARA-listed wildlife species and COSEWIC-

assessed species within the proposed project area and its zone of

influence through the completion of comprehensive baseline studies

• All potential project effects on species at risk and their critical habitat

are identified, avoided or lessened, and monitored consistent with

recovery documents

• Monitoring to provide for adaptive management


Species at Risk Public Registry

www.sararegistry.gc.ca

Provides information for each species at risk, including:

• SARA status

• Species profile

• Recovery documents

http://www.sararegistry.gc.ca/


Example: Little Brown Myotis and

Northern Myotis

• Emergency SARA-listing of Little Brown Myotis and Northern Myotis

as endangered in 2014



Northern Myotis – Recovery Strategy

• Proposed federal recovery strategy posted to the SAR

Public Registry on Dec. 24, 2015

• Includes a partial identification of critical habitat:

– Insufficient to meet the population and distribution

objectives

– A schedule of studies has been developed to provide

the information necessary to complete the identification

– Critical habitat is partially identified for hibernacula,

based on the best available information for each

species as of October 2015

© Hugh Broders

© Jordi Segers

Little Brown Myotis

Northern Myotis



Northern Myotis – Critical Habitat

Hibernacula - Proposed partial identification is based on:

• Occupancy:

– Any site where hibernation during the winter has been

recorded at least once since 1995

• Presence of biophysical attributes of hibernacula:

– Subterranean features where light and noise levels are

low.

– Typically contain sections that have relatively stable

temperatures (2-10 ˚C) and stable, high humidity levels

(>80 %)

• Geographical location:

– Areas containing critical habitat in Figures 4-20 in the

recovery strategy.

© Hugh Broders

© Jordi Segers

Little Brown Myotis

Northern Myotis



Northern Myotis – Critical Habitat in BC

• In BC, the proposed

recovery strategy identifies

one grid square that

contains critical habitat for

Northern Myotis.



Northern Myotis – Critical Habitat in BC

• Sites used for hibernation in western Canada,

particularly along the Pacific Coast, may differ

substantially from those elsewhere in Canada and our

knowledge of the location and biophysical attributes of

these hibernacula is very limited

• Schedule of studies will allow for the complete

identification of critical habitat for hibernacula in these

areas.

© Hugh Broders

© Jordi Segers

Little Brown Myotis

Northern Myotis


• Baseline studies conducted over multiple years

• Effects assessment conducted for each species

• Mitigation hierarchy followed for each potential impact

• Mitigation measures

• Cumulative effects assessment

• Monitoring of effectiveness of mitigation measures


Northern Myotis – EA context


Take Home Messages

• ECCC provides scientific expertise related to our

mandate, but does not make project decisions

• MBCA and SARA provide the legislative

framework for ECCC’s input related to migratory

birds and SAR into environmental assessments

• Comprehensive baseline studies are critical to

achieving desired project outcomes

• To find key information:

– Species at Risk – SAR Public Registry www.sararegistry.gc.ca

– Migratory Birds –Incidental Take website http://ec.gc.ca/paom-

itmb/default.asp?lang=En&n=C51C415F-1

Short-eared Owl –

Special Concern

http://www.sararegistry.gc.ca/







Questions?

THANK- YOU!

Rusty Blackbird, Special Concern

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