Guidelines for Applicants

Scientific Research Permits affecting SARA Listed Species
Guidelines for Applicants

Context

Under Sections 32 and 33 the Species at Risk Act (SARA—2002, c. 29), it is an offence to:

• kill, harm, harass, capture or take an individual of a listed species that is extirpated, endangered or threatened;
• possess, collect, buy, sell or trade an individual of a listed species that is extirpated, endangered or threatened, or its part or derivative;
• damage or destroy the residence of one or more individuals of a listed endangered or threatened species or of a listed extirpated species if a recovery strategy has recommended its reintroduction into the wild in Canada.

The Act allows the issuance of a permit or agreement authorizing a person to affect a listed species so long as certain conditions are first met. Under Section 73 of SARA, the Minister of Fisheries and Oceans may enter into an agreement with a person, or issue a permit to a person, authorizing the person to engage in an activity affecting a listed aquatic species, any part of its critical habitat, or the residences of its individuals.

Under section 73(2) of SARA, the agreement may be entered into, or the permit issued, only if the Minister is of the opinion that:

1. the activity is scientific research relating to the conservation of the species and conducted by qualified persons;
2. the activity benefits the species or is required to enhance its chance of survival in the wild; or
3. affecting the species is incidental to the carrying out of the activity.

Section 73(3) establishes that the agreement may be entered into, or the permit issued, only if the Minister is of the opinion that all three of the following pre-conditions are met:

1. all reasonable alternatives to the activity that would reduce the impact on the species have been considered and the best solution has been adopted;
2. all feasible measures will be taken to minimize the impact of the activity on the species or its critical habitat or the residences of its individuals; and
3. the activity will not jeopardize the survival or recovery of the species.

This document outlines the departmental guidelines for filling in an application to receive a permit under Section 73 of SARA for scientific research.

Introduction

As of June 1, 2004, proponents of scientific research projects in Canada will require a permit under Section 73 of SARA if it is determined that the proposed research may impact a SARA listed species (initially, this only includes species on Schedule 1 of SARA at the time of proclamation).

In order for the Minister of Fisheries and Oceans to be of the opinion that all of the pre-conditions laid out in Section 73(3) have been met, the onus is on the project proponent to do the following:

• Be proactive in their research design,
• Demonstrate awareness of the provisions of SARA, and
• Demonstrate that measures are being taken to minimise harm to listed species, that they have considered all alternatives to carrying out the activity and that the best solution has been adopted.

DFO Science will then be in a position to review research proposals and determine whether all of the pre-conditions have been met and whether a permit may be issued.

Procedure

Researchers planning to carry out activities that may impact a SARA-listed species need to obtain an application for a Section 73 permit from the appropriate Regional DFO contact (see list at end of document).

Guidelines for filling out the application are as follows:

Section 1: Basic information about the applicant. Please provide a brief description of relevant experience and credentials (education, degrees, and diplomas). Please ensure that you provide contact information where you can be reached in the days and weeks following your application, in case clarifications are required.

Section 2: Information regarding the logistics of the proposed research. Please be as accurate as possible. It is important to list all SARA-listed species that may occur in the proposed research area and the anticipated mortalities for each (be as specific as possible). For information on the distribution and known localities for listed species in your area, please contact the Regional DFO person listed at the end of this document.

Section 3: Description of proposed research. Please be sure to include the gear that will be used to carry out the work. A detailed project workplan or proposal should be attached to this section.

Section 4: Information specific to the Section 73 (3) pre-conditions. Pre-conditions (a) and (b) require that alternatives and measures such as area and/or time changes or changes to sampling gear or techniques must be considered and implemented if feasible before a permit or authorisation can be issued. For pre-condition (c), please indicate (to the best of your knowledge) whether the proposed research activity, given A and B, will jeopardize survival or recovery of the species.

Please send your completed application to the relevant DFO Regional office: