Fisheries and Oceans Canada
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Canada's Species at Risk Act (SARA)
Frequently Asked Questions: About the Species at Risk Act and Commercial fishing:
- What species at risk will have the most impact on commercial fisheries?
- Why is the fishing industry not represented on the Committee on the Status of Endangered Wildlife in Canada (COSEWIC)?
- Is it possible that five years from now COSEWIC might designate the fish I’ve been harvesting as endangered?
- Will the implementation of the Species at Risk Act shut down my fishery?
- What kind of changes can I expect? Will I have to change the way I fish?
- Will I get compensation for any financial hardship I suffer due to these new prohibitions?
- I am already harvesting spotted wolffish as bycatch. Is this illegal? Will I be charged?
- What is an “Incidental Harm Permit” and how can I get one?
- Will the fishing industry have a say in the new measures that are implemented as part of the Act?
- How much advance notice will fishers be given of new prohibitions?
What species at risk will have the most impact on commercial fisheries?
There are currently over 90
aquatic species listed under the Species at Risk Act (SARA). Of these, several are caught as bycatch in commercial fisheries. These include the leatherback turtle, Inner Bay of Fundy salmon and Northern and spotted wolffish. Analysis is being conducted to determine the impact commercial fisheries are having on listed species.
Why is the fishing industry not represented on the Committee on the Status of Endangered Wildlife in Canada (COSEWIC)?
COSEWIC was created as an independent committee of experts that assesses the risk of extinction of species at risk. As such, no groups with an economic interest in the species being assessed are members.
However, the knowledge of groups such as the fishing industry and First Nations are often considered in COSEWIC’s assessments. In fact, COSEWIC’s Terms of Reference declare the importance of local and traditional knowledge in assessing species’ status. COSEWIC is currently establishing an Aboriginal Traditional Knowledge Subcommittee to ensure that this knowledge is adequately summarized in assessments.
It is also important to remember that COSEWIC only conducts scientific assessments of whether certain species should be considered at risk. The federal cabinet then decides whether those species should get legal protection under the Species at Risk Act. These decisions are taken only after consultation with affected stakeholders and other interests.
Is it possible that five years from now COSEWIC might designate the fish I’ve been harvesting as endangered?
COSEWIC’s raison d’être is to identify species at risk, which means its work is ongoing. COSEWIC will continue to meet annually to review status reports on species suspected of being at risk and provide its assessments to government and the public.
While there are no guarantees that a commercial fishery won’t be declared endangered or threatened in future, DFO’s fisheries management plans have built-in conservation measures to help ensure that commercial fisheries will continue to be sustainable and preserve the resource for future generations.
Will the implementation of the
Species at Risk Act shut down my fishery?
DFO is committed to conserving aquatic species at risk while also maintaining a sustainable fishing industry. Every effort will be made to work closely and collaboratively with the fishing industry to meet the objectives of the Act while minimizing its impact on fisheries.
While it is too early to know all of the specific impacts SARA will have on individual commercial fisheries, it is safe to assume that there will be changes, particularly in regard to bycatch. DFO will collaborate with fishing industry stakeholders throughout the process as new conservation measures are determined and implemented.
It should be noted that SARA has built-in flexibility. Under certain circumstances, the Minister can issue a permit to allow for “incidental harm” to a listed species, such as the bycatch of a species at risk in a fishery. An Incidental Harm Permit would only be issued if it is determined that the activity will not jeopardize the survival or recovery of the species.
What kind of changes can I expect?
Will I have to change the way I fish?
Species at risk will only get the protection they need if Canadians work together to reduce threats. Changes could include restrictions on bycatch of listed species; fishing gear modifications; fishing area closures; fishing season closures; and closures or reductions in traditional fisheries.
These changes will be determined via the recovery strategies and recovery action plans DFO is mandated by SARA to produce for each species listed as endangered or threatened. Recovery strategies for the species currently listed on SARA are being developed in close collaboration with the fishing industry and must be developed within two years of their addition to SARA.
Appropriate conservation measures to protect and recover listed species will also be built into DFO’s fisheries management plans, based on the provisions outlined in the recovery strategies. DFO will work with the fishing industry to ensure that the Act’s objectives are met and conservation measures put in place. Consultations on SARA requirements will be undertaken with the fishing industry.
Will I get compensation for any financial hardship I suffer due to these new prohibitions?
While there is provision under the Act for compensation, it is only offered under extraordinary circumstances. SARA provides authority for the payment of fair and reasonable compensation to persons who have suffered an extraordinary loss from applying the critical habitat prohibitions or applying an emergency order to protect critical habitat. Compensation does not apply to other economic losses resulting from the listing of a species. The procedures for applying for compensation are currently being developed.
I am already harvesting spotted wolffish as bycatch. Is this illegal? Will I be charged?
While there are prohibitions under SARA and individuals can be charged, the Act has built-in flexibility to assist the Minister in protecting species at risk while also maintaining sustainable fishing industries. Bycatch of a listed species may be allowed at a restricted level through an Incidental Harm Permit or under the provisions of a recovery strategy so long as it is determined that the activity will not jeopardize the survival or recovery of the species.
Incidental harm permits have been issued for spotted wolffish. The final recovery strategy for spotted wolffish outlines the conditions under which incidental harm of this species can be permitted. Fishers following its provisions will not be prosecuted if they kill or harm a listed species.
What is an “Incidental Harm Permit” and how can I get one?
Under certain circumstances, the Minister can issue a permit to allow for “incidental harm” to a listed species, such as the bycatch of a listed species by another fishery. An Incidental Harm Permit will only be issued if it is determined that the activity will not jeopardize the survival or recovery of the species.
Incidental Harm Permits will not be automatically granted. DFO must undertake scientific research in consultation with the fishing industry to further understand the impacts of various commercial fisheries on listed species at risk. Before a permit is granted, an applicant must have considered other reasonable alternatives, have taken all feasible measures to minimize the impact and must substantiate that any harm caused by the activity will not jeopardize the species’ survival or recovery.
When permits are issued, explanations will be published in the SARA Public Registry and will be included in DFO fisheries management plans.
Will the fishing industry have a say in the new measures that are implemented as part of the Act?
Without question. SARA will only be successful if government and industry work together. Each and every one of us has a responsibility to ensure we do everything possible to protect and recover these species at risk. The fishing industry will be consulted throughout the process as new management measures are developed and implemented.
How much advance notice will fishers be given of new prohibitions?
Fishing industry stakeholders will be consulted on an ongoing basis as new management measures are developed and implemented.
