SPECIES AT RISK Legal listing consultation workbook

SPECIES AT RISK Legal listing consultation workbook Winter Skate (Leucoraja ocellata) Eastern Scotian Shelf Population (NAFO divisions 4VW) Threatened Georges Bank/Bay of Fundy/Western Scotian Shelf Population (NAFO divisions 4X5Ze) Special Concern Southern Gulf of St. Lawrence Population (NAFO division 4T) Endangered Aussi disponible en français 1

Addition of species to the Species at Risk Act Introductory Information Species at Risk and You Scientists estimate that the world s species are becoming extinct at a rate that is as much as 10,000 times higher than it should naturally be. It s a staggering statistic and a source of concern for all humans. Although many Canadians understand that species have intrinsic worth, sometimes we forget why the disappearance of a species matters. At the most basic level, species diversity, often referred to as biodiversity, is crucial to ensure that life continues on earth. From a human standpoint, biodiversity also supports people s livelihoods, enables sustainable development and encourages cooperation among nations. In 2003, the Government of Canada took a major step toward protecting species at risk and their habitats in Canada when it proclaimed the Species at Risk Act (SARA). SARA was designed as a key tool for the conservation and protection of biodiversity in Canada. It provides a framework for action across the country to ensure the survival and recovery of wildlife species at risk and the protection of our natural heritage. The law protects those plants and animals that are included on the List of Wildlife Species at Risk, sometimes referred to as Schedule 1 or the SARA List. (For more information on SARA, visit the SARA Registry at www.sararegistry.gc.ca) In order to determine which species should be listed, or added to the SARA list of protected species, the Government of Canada consults the general public, with special emphasis on those groups either directly involved with or particularly interested in the species under review. The government makes its decision only after carefully considering the outcome of consultations as well as the potential social and economic implications of listing the species. This consultation workbook is part of the government s effort to obtain feedback on whether or not the winter skate should be added to the List of Wildlife Species at Risk. Your thoughts on this issue are important and play a crucial role in the listing process. They will be carefully reviewed and considered. Please answer all of the questions in this book to the best of your ability. If you have additional comments, space has been provided for them as well. To ensure that your responses are considered, please return your completed workbook or any other comments you may have to the address below by April 1, 2006. Thank you for your help. Mail Species at Risk Coordination Office Gulf Fisheries Centre P.O. Box 5030 343 Universite Ave., Moncton, NB E1C 9B6 Email GLF-SARA-LEP@dfo-mpo.gc.ca For More Information on Species at Risk in Canada www.aquaticspeciesatrisk.gc.ca www.cosewic.gc.ca www.sararegistry.gc.ca www.speciesatrisk.gc.ca 2

Terms You Should Know The Committee on the Status of Endangered Wildlife in Canada (COSEWIC) assigns a status to each species it considers. The status indicates the degree to which a species is at risk. Considered here are: Extirpated: A species that no longer exists in the wild in Canada, but exists elsewhere in the world Endangered: A species facing imminent extinction or extirpation Threatened: A species that is likely to become endangered if certain factors affecting it are not addressed Special Concern: A species with biological characteristics that make it particularly vulnerable to human activity or certain natural phenomena Other Information You Should Know How is a Species Listed? 1. The species is assessed and assigned a status by the COSEWIC. This committee is comprised of specialists working in a variety of relevant fields, such as biology, ecology, and traditional ecological knowledge. They come from government, universities, aboriginal organizations, and non-governmental organizations, and they are appointed according to their expertise. However they do not represent the agency, group or region from which they are drawn, but must provide impartial scientific recommendations about the species they are considering. 2. The COSEWIC provides the status report to the Minister of the Environment and the Canadian Endangered Species Conservation Council, which is comprised of provincial and territorial ministers responsible for the conservation and management of wildlife, in addition to the federal ministers responsible for the administration of SARA (the Minister of the Environment, and the Minister of Fisheries and Oceans). A copy is also posted on the SARA Public Registry. 3. The Minster of the Environment indicates how he or she will respond to a COSEWIC assessment in a Response Statement. This Response Statement indicates the nature and timing of consultations and is posted on the SARA Public Registry within 90 days of receiving the COSEWIC Assessment. 4. Consultations are undertaken by the lead federal departments, Environment Canada and the Department of Fisheries and Oceans (DFO), and the information brought forward is analyzed. 5. Based on advice from the Minister of Fisheries and Oceans, the Minister of the Environment must provide the Governor in Council (the Governor General of Canada acting on the advice of Cabinet) with a recommendation to add or not add the species to the List of Wildlife Species at Risk. In order to make his or her decision, the Minister will take into consideration the COSEWIC s scientific assessment of the species, the information provided by Canadians obtained through initiatives like this consultation workbook, and the anticipated socioeconomic impacts of adding the species to the SARA List. The Minister can offer three possible 3

responses to the COSEWIC assessment. a. Accept the COSEWIC assessment and, as it advises, either add the species, reclassify it, or remove it from the SARA List b. Determine that the species should not be added to the SARA List c. Determine that there is insufficient information to make a decision, and refer the species back to COSEWIC for further consideration How Does SARA Protect a Species? Immediately upon a species being added to the SARA List as extirpated, endangered, or threatened, it receives protection under SARA. It is then an offence to: kill, harm, harass, capture or take an individual of these listed species possess, collect, buy, sell or trade an individual, part or derivative of these listed species damage or destroy the residence of one or more individuals of these listed species The only exceptions to these rules occur when the government issues specific authorizations for: scientific research about the conservation of the species done by a qualified person; an activity that benefits the species or enhances its chances of survival in the wild; or an activity whose effect on the listed species is incidental. In all cases, the activity must not jeopardize survival or recovery. For species listed as special concern, prohibitions do not apply. What Happens Next? After a species is listed, the recovery process begins in an effort to reduce the causes of a species decline and to improve the status of the species. There are two parts to the process for extirpated, endangered or threatened species: a recovery strategy, which identifies threats to the species and describes recovery objectives, and an action plan, which details the activities that must be carried out to promote the species recovery. The process for species of special concern requires a management plan, which lists appropriate conservation measures for a species and its habitat. All of these documents are developed through extensive consultation with scientists, community members, aboriginal groups and community stakeholders. Then, the strategies and plans are published in the SARA Public Registry, and the public has 60 days to comment on them. Five years after the plans come into effect, the responsible government minister must report on their implementation and the progress that has been made in meeting the objectives they outlined. Species specific information Winter Skate Skates are found around the world from shallow to deep water. They are easily recognized by their flattened diamond shape, the result of greatly enlarged pectoral fins. They also have a long tail with two small dorsal fins near the tip. The upper surface is usually light to dark brown and the underside white to greyish. However, more detailed observation is needed to identify individual species of the skate family. 4

Winter skate are distinguished from other skates by their rounded snout and the presence of eye spots on the upper side near the corner of the pectoral fins. However, these eye spots are not always present. A closer inspection of a variety of other characteristics must then be carried out to correctly distinguish this species, particularly from little skate (Leucoraja erinacea) whose range overlaps with winter skate. The lower surface of winter skate is usually whitish, often with irregular brownish blotches near the rear and tail. Winter skate are found only in the northwest Atlantic where approximately 50 percent of their range occurs in Canadian waters. They occur from the Gulf of St. Lawrence and southern Newfoundland in Canada to Cape Hatteras, North Carolina in the United States. However, they are most abundant on Georges Bank, the Scotian Shelf and Southern Gulf of St. Lawrence in Canada and off southern New England in the United States. Winter skate are a bottom dwelling species preferring sandy or gravelly areas usually in depths of less than 100 meters (m), although they have been recorded at depths reaching 400 m. While winter skate have been recorded at temperatures between -1.2 and 19º C, they are most often found between 5 and 9º C on the Scotian Shelf. Although rock crabs and squid are the favourite prey of winter skate, they have a varied diet that includes worms, shrimps, razor clams, and small fish such as sandlance. Like all elasmobranches (sharks, skates, rays), winter skate are slow-growing, produce very few young each year, and consequently, have a slow population growth rate. On the Eastern Scotian Shelf, individuals generally mature at a length of 75 cm as opposed to the Gulf of St. Lawrence where they mature closer to 50 cm. On Georges Bank and the Gulf of Maine, recent studies suggest that winter skate mature at between 70 and 109 cm and an age of 12 to 13 years. The maximum age for winter skate on the eastern Scotian Shelf appears to be 20 to 30 years while in the Gulf of Maine, it is estimated to be 18 to 19 years. Winter skate are thought to deposit from six to fifty egg cases (purses). These purses are found throughout the year in waters off New England and from summer through to autumn off Nova Scotia. They can take up to 22 months to develop. COSEWIC assessment COSEWIC provides the following rationale for designating the populations below: a) Eastern Scotian Shelf population (Northwest Atlantic Fisheries Organization [NAFO] divisions 4VW) as threatened: 5

The species possesses life history characteristics that increase vulnerability to exploitation, that reduce rate of recovery, and that increase the risk of extinction. These characteristics include delayed age at maturity, long generation time, low fecundity, and consequently slow population growth rate. Narrow latitudinal ranges and a high degree of endemicity have been documented for the skate family worldwide. This population appears to have a restricted distribution, based on distributional maps of fisheriesindependent survey catches. Individuals from this population mature at a significantly larger size than those in the Southern Gulf and have been reported to mature at a significantly different age than those inhabiting waters further south. Abundance of mature individuals on the Eastern Scotian Shelf is estimated to have declined by more than 90% since the early 1970s and is now at a historically low level. The area occupied by the population appears to have declined significantly since the mid 1980s. Larger, older individuals have been severely depleted from this population, producing a significant truncation in the length distribution of the population over time. The probable cause of the decline is an unsustainable rate at which they were captured as bycatch in fisheries directed at other groundfish species. They have been caught, and continue to be caught, in a directed fishery for skate, although current reported catches are low. b) Southern Gulf of St Lawrence population (NAFO division 4T) as endangered: The species possesses life history characteristics that increase vulnerability to exploitation, that reduce rate of recovery, and that increase the risk of extinction. These characteristics include delayed age at maturity, long generation time, low fecundity, and consequently slow population growth rate. Narrow latitudinal ranges and a high degree of endemicity have been documented for the skate family worldwide. This population appears to have a restricted distribution, based on distributional maps of fisheriesindependent survey catches. Individuals from this population mature at a significantly smaller size than those found elsewhere in Canadian waters. Abundance of mature individuals in the Southern Gulf of St. Lawrence is estimated to have declined 98% since the early 1970s, and is now at a historically low level. The probable cause of decline is an unsustainable rate at which they were captured as bycatch in fisheries directed at other groundfish species. c) Georges Bank, Bay of Fundy, western Scotian Shelf population (NAFO divisions 4X5Ze) as special concern: The species possesses life history characteristics that increase vulnerability to exploitation, that reduce rate of recovery, and that increase the risk of extinction. These characteristics include delayed age at maturity, long generation time, low fecundity, and consequently slow population growth rate. The area of occupancy of this species has been stable. Estimates of population status on Georges Bank show no discernible trend over time. Abundance elsewhere appears to have been stable over time. There is a high probability that the population receives immigrants from the species inhabiting the American portion of Georges Bank. 6

The population is subjected to bycatch in fisheries for other groundfish [and] shellfish species. There are directed fisheries for this species in U.S. waters. Threats to Winter Skate The COSEWIC status report identifies bycatch in flatfish and scallop fisheries as a primary source of mortality for winter skate. These fishing practices (i.e. bottom trawling and dredging) may also disturb bottom habitats and smother spawning areas due to re-suspension of sediments. Survival of egg cases may also be affected. However, studies to evaluate these impacts have not been conducted. There is little information on predation but winter skate have been identified in shark, seal and other skate stomachs. a) Eastern Scotian Shelf population (NAFO divisions 4VW): Based on the summer DFO research vessel (RV) survey, numbers of mature winter skate (>75 cm) have decreased by 92 percent from 1970 to 2003, while numbers of immature fish between 0 cm and 59 cm have remained stable. Although areas of winter skate concentrations were identified on the eastern banks (i.e. Sable Island Bank, and Banquereau Bank), the survey indicated that the area occupied by winter skate had declined since the early 1990s. Other surveys (DFO and industry based) indicate similar trends to this summer survey. The 2002 estimate of the minimum total number of individuals for this population is 750,000. A developmental fishery for unspecified skate began in 1994 with a total allowable catch (TAC) of 2000 tonnes (t). By 2001, reductions in the TAC resulted in a drop in landings from 2152 t to 400 t and by 2002 the original fleet size of four vessels was reduced to one and the TAC to 200 t. Over 90 percent of the landings from this fishery were winter skate and length frequencies for this species indicated a loss of larger individuals (>90 cm) until the years 2001and 2002 when a modest increase was recorded. b) Southern Gulf of St. Lawrence population (NAFO division 4T): DFO has conducted trawl surveys each September in the southern Gulf of St. Lawrence since 1971. Based on these surveys, the abundance of mature winter skate (>50 cm) is estimated to have declined over 98 percent from 1971 to 2002. Length frequencies from this survey indicate a decline in the numbers of large skate (>50 cm) since the 1970s. No fish over 80 cm have been caught since 1994. The area of distribution for winter skate has been declining since the 1990s. The minimum total number of individuals for this population in 2002 was estimated at 100,000. c) Georges Bank/western Scotian Shelf/ Bay of Fundy population (NAFO divisions 4X5Ze): The DFO summer RV survey series identified areas of winter skate concentration in the Bay of Fundy and on Brown s Bank off southwestern Nova Scotia. While estimates of the population size of winter skate in this survey series have remained stable since the 1970s, a separate RV survey of Georges Bank in winter shows a decline in abundance of mature winter skate(>75 cm) from 1986 through to 1994 followed by an increasing trend to 2004. Since the Georges Bank Canadian RV survey only started in 1986, these fluctuations in abundance may be more reflective of 7

small scale movements of winter skate back and forth between Canada and US waters on Georges Bank. The minimum total number of individuals in this population, estimated from the summer RV survey, is 1.7 million. Protecting Winter Skate Winter skate are the targets of small directed fisheries in Canada and the United States for their pectoral fins (wings) which are marketed in North America, Europe and Asia. Winter skate are also caught as bycatch in flatfish and scallop fisheries where they are usually discarded. The only directed fishery for skate (unspecified) in Canadian waters is on the eastern Scotian Shelf and is regulated under the DFO Integrated Fisheries Management Plan (IFMP). Under this plan, the current annual TAC of 200 t controls overall fishing mortality. The potential for exceeding this TAC is controlled through a Dockside Monitoring Program (DMP) and observer deployments to areas of concern. Potential Impacts on Stakeholders a) Eastern Scotian Shelf population (NAFO divisions 4VW); b) southern Gulf of St. Lawrence population (NAFO division 4T): Once added to the List of Wildlife Species at Risk, winter skate will be protected under SARA. If particular activities are assessed to be a threat to the survival and recovery of a listed species, management measures will be put in place to restrict those activities and ensure the protection of species at risk. c) Georges Bank, Bay of Fundy, western Scotian Shelf population (NAFO divisions 4X5Ze): Once listed in the Species at Risk Act, activities that affect winter skate or its habitat may receive more scrutiny. Automatic prohibitions do not apply to species of special concern under SARA. A SARA Management Plan will be developed and there is a range of management measures that may be implemented to conserve this population of winter skate. Measures suggested above, may lead to a variety of impacts on stakeholders, including additional costs. The following list is not exhaustive; please use this consultation as an opportunity to list any omissions. Aboriginal Management strategies that could affect aboriginal people fishing for commercial species in areas inhabited by winter skate may be considered. Fishing Industry a) Eastern Scotian Shelf population (NAFO divisions 4VW); b) southern Gulf of St. Lawrence population (NAFO division 4T): It is important to fully determine the extent of potential threat to winter skate by any fishing activities. Once this species is listed, prohibitions will apply to fishing activities identified to be a threat to the survival and recovery of winter skate in the eastern Scotian Shelf population. A directed fishery would not likely continue. Some level of bycatch may be allowed for fishing activities that take winter skate incidentally, but only if measures are taken to minimize the impact of the activity on this species and the bycatch level will not impede its recovery. 8

c) Georges Bank/western Scotian Shelf/ Bay of Fundy population (NAFO divisions 4X5Ze): If a particular fishing activity is identified to be a threat to the survival of a listed species, management measures will be taken to address the threat. These measures could include increased observer coverage in certain areas; closed areas, gear modifications, or other measures developed in collaboration with industry that will help prevent and minimize interactions. Oil and Gas Industry The effects of the oil and gas industry on groundfish populations are poorly understood. Seismic testing may have a deleterious effect on demersal fish, eggs and larvae. Proposed oil and gas activities that fall under the Canadian Environmental Assessment Act (CEAA) will be required to address the impacts on SARA listed species in accordance with this legislation. may lengthen the preparation time required for planning research projects. Reference COSEWIC 2005. COSEWIC assessment and status report on the winter skate Leucoraja ocellata in Canada. Committee on the Status of Endangered Wildlife in Canada. Ottawa. vii + 41 pp. (www.sararegistry.gc.ca/status/status_e.c fm). Military Operations Maritime Forces Atlantic may be asked to prepare guidelines for naval exercises or underwater site remediation in areas of winter skate habitat. They may be asked to refrain from undertaking specific types of exercises in these areas. As identified in SARA, these requirements would be waived in emergencies or if national security were affected. Research Activity Those wishing to carry out research on winter skate or in areas of their habitat may be required to obtain permits and/or comply with strict guidelines. This may limit the types and/or durations of research permitted on winter skate and 9

Consultation Workbook Survey Winter skate The government's decision on whether or not to list a species under the Species at Risk Act (SARA) will be based on a full description and understanding of the costs and benefits of the impacts of protection and recovery on individuals, organizations, Aboriginal groups, industries, and Canadian society in general. This survey form can be used to provide your opinions about listing winter skate under the SARA. Comments are welcome from individuals of all backgrounds, whether you are engaged in activities that may be affected by winter skate conservation efforts or are a citizen with an interest in winter skate. You should read the consultation workbook before completing these questions. About the Consultation Workbook Survey The consultation workbook survey asks you to answer a series of questions that require reflection about your views relating to the conservation and recovery of winter skate. There are a variety of question formats in this survey. There are also numerous opportunities for personal responses to further explain your views. If you would like to keep the introductory sections of this workbook, please feel free to detach this section and return only the survey. Please return your workbook by April 1, 2006 to: Species at Risk Coordination Office Gulf Fisheries Centre P.O. Box 5030 343 Universite Ave., Moncton, NB E1C 9B6 Alternatively, you may email comments to GLF-SARA-LEP@dfo-mpo.gc.ca The information that you provide is important! We very much appreciate the time and effort you take to complete this survey! 10

Your opinions about threats to winter skate for each population You can provide your opinion for the population of your choice or for which you are more familiar. Please indicate your opinion about how significant a threat this factor is to the winter skate population in Canadian waters. Eastern Scotian Shelf Population (a) Southern Gulf of St. Lawrence Population (b) Georges Bank/Western Scotian Shelf/Bay of Fundy Population (c) Very Low Very Low Very Low Directed skate fishing Bycatch in trawl fisheries for other groundfish Bycatch in scallop fisheries Habitat changes from bottom trawling and dredging American fishing in U.S.A. waters Oil & gas drilling/production activities Other, please specify; 11

Your opinions about possible interventions to help winter skate conservation and recovery for each population You can provide your opinion for the population of your choice or for which you are more familiar. For each factor, please indicate what level of impact you think this measure will have on winter skate recovery. Eastern Scotian Shelf Population (a) Southern Gulf of St. Lawrence Population (b) Georges Bank/Western Scotian Shelf/Bay of Fundy Population (c) Very Low Very Low Very Low Close the directed fishery for winter skate. Conduct scientific research to better understand winter skate behaviour and distribution. Close other fisheries when a specified amount of winter skate is landed as bycatch. Increase awareness within the fishing industry about winter skate conservation. Modify fishing gear in other fisheries so that less winter skate are caught. Close areas with high concentrations of winter skate to fishing. Close areas with high concentrations of winter skate to oil and gas production activities. Other, please specify: 12

Your opinion about the potential direct or indirect costs of winter skate conservation and recovery You can provide your opinion for the population of your choice or for which you are more familiar. Please choose an option that reflects your rating of the likely economic impacts (direct and indirect) of winter skate survival and recovery to each industry or group. Eastern Scotian Shelf Population (a) Southern Gulf of St. Lawrence Population (b) Georges Bank/Western Scotian Shelf/Bay of Fundy Population (c) Negligible Negligible Negligible Costs to skate fishers. Costs to scallop fishers. Costs to groundfish trawl fishers. Costs to the oil and gas industry. Costs to scientific researchers. Cost to aboriginal fishers. Costs to my personal household. Other, please specify; 13

Your opinion about the potential benefits of winter skate conservation and recovery to Canadian society You can provide your opinion for the population of your choice or for which you are more familiar. Please choose an option that reflects your rating of the likely benefits (economic or social) of winter skate conservation and recovery to each industry or segment of society. Eastern Scotian Shelf Population (a) Southern Gulf of St. Lawrence Population (b) Georges Bank/Western Scotian Shelf/Bay of Fundy Population (c) Negligible Negligible Negligible Benefits to maritime coastal communities Benefits to Canadian Society as a Whole Benefits to Aboriginal Groups Benefits to the Scientific Community Other, please specify; 14

Your opinion about other potential benefits of winter skate conservation and recovery You can provide your opinion for the population of your choice or for which you are more familiar. Please choose an option that reflects your level of agreement or disagreement with the following statements. Eastern Scotian Shelf Population (a) Southern Gulf of St. Lawrence Population (b) Georges Bank/Western Scotian Shelf/Bay of Fundy Population (c) Strongly Disagree Somewhat Disagree Neither Agree Nor Disagree Somewhat Agree Strongly Agree Strongly Disagree Somewhat Disagree Neither Agree Nor Disagree Somewhat Agree Strongly Agree Strongly Disagree Somewhat Disagree Neither Agree Nor Disagree Somewhat Agree Strongly Agree I think that winter skate are valuable because they play an important role in maintaining healthy marine ecosystems. I think that winter skate will be valuable to future generations. I think that many people in Canada value winter skate even though they may never personally see one. Other, please specify; 15

Comments about the proposed listing status of winter skate Have you read the COSEWIC status report for winter skate? YES NO Please choose an option that reflects your level of support for the Government of Canada listing winter skate on Schedule 1 of the Species at Risk Act. Eastern Scotian Shelf Population (a) (Threatened) Southern Gulf of St. Lawrence Population (b) (Endangered) Georges Bank/Western Scotian Shelf/Bay of Fundy Population (c) (Special Concern) I Strongly Disagree with listing winter skate as I Somewhat Disagree with listing winter skate as I Neither Agree nor Disagree with listing winter skate as I Somewhat Agree with listing winter skate as I Strongly Agree with listing winter skate as 16

If you disagree with listing winter skate on Schedule 1 of the Species at Risk Act, could you please tell us why? General Questions 1. If a legal listing will affect your activities, do you see these effects as a cost or benefit to you? In what way? Please consider social costs/benefits as well as economic costs/benefits. 2. In the event that the species is listed, how can you as an individual, or your industry or organization as a group, participate in the recovery of the species? Give examples of particular activities, if you can. 17

Background information: (please check any that applies to you) What is Your Age Category? < 20 Years 20-29 Years 30-39 Years 40-49 Years 50-59 Years 60-69 Years > 70 Years Where do you live? Nova Scotia New Brunswick Prince Edward Island Newfoundland and Labrador Quebec Ontario Western Canada or Territories What is Your Gender? Female Male Outside Canada but I am a Canadian Citizen or Permanent Resident Outside Canada - I am not a Canadian Citizen or Permanent Resident In which sector are you employed? Retired Full-Time Homemaker Student Commercial Fishing/Processing Farming Forestry Oil and Gas Professional Services Private Sector Other Academic Federal Government Provincial Government Municipal Government Non-Governmental Organization I am Between Jobs I am Employed in another Field 18

If you are directly involved in fishing activities, in what NAFO areas do you fish 4T 4Vn 4Vs 4W 4X 5Y 5Z If you are completing this workbook as a representative of an organization, please indicate your name, the name of your organization and a contact address. You've now finished the survey thank you very much for your help 19