St. John River Watershed International Cross-Boundary Collaboration Planning Conference Call Summary April 26, 2017 (9:30-11:00am EST) Invited Participants (absentees in italics) Houlton Band of Maliseet Indians (HBMI) - Sharri Venno Maliseet Nation Conservation Council (MNCC) - Patricia Saulis U.S. Army Corps of Engineers (USACE) Larry Oliver/Marc Paiva U.S. Environmental Protection Agency (US EPA) Michael Stover/Ralph Abele/Karen Lumino/Pam Teel U.S. Fish and Wildlife Service (US FWS) - Alex Hoar/Steve Shepard/Tim Binzen National Oceanic and Atmospheric Administration (NOAA)- Rory Saunders/Ellen Keane Bureau of Indian Affairs Harold Peterson/Leonard Rawlings U.S. Geological Survey (USGS) Robert Lent/Alex Haro U.S. Department of State - Rachel So International Joint Commission (IJC) - Shannon Runyon/Glenn Benoy Global Affairs Canada - Gregory Lemermeyer/Nicole Gibeau Fisheries and Oceans Canada (DFO) - Harvey Millar/Guy Robichaud/Paulette Hall/Terry Melanson/Fernand Savoie/Sarah Deller/Kimberly Robichaud-Leblanc Environment and Climate Change Canada (ECCC) - Serge Villeneuve/Bill Appleby/Kathryn Parlee/Lisa Fougere/Lindiwe MacDonald/Suzie Dech/Lyndsay Vidito Consensus Building Institute (CBI) - Patrick Field/Rebecca Gilbert Meeting Summary 1.0 Pre-summit Webinar #2: Species of Concern 1.1 Introduction Sarah Deller and Kimberly Robichaud-Leblanc presented a webinar on aquatic species of concern (SOC) in the St. John River Watershed. Ms. Deller and Ms. Robichaud-Leblanc work in the Species at Risk (SAR) group of DFO Maritime Region, which has jurisdiction for species in the Bay of Fundy and Nova Scotia. The slides for their presentation can be found on the http://www.cbuilding.org/project/stjohnwatershed, 1.2 Species At Risk Act 101 The Species At Risk Act (SARA) was enacted in June 2003, primarily as Canada s commitment under the 1992 United Nations Convention on Biological Diversity. The Act protects individuals and species and the habitat they need to survive and reproduce. SARA encourages coordination around SAR and includes mechanisms for consultation and collaboration to achieve this goal. DFO is the lead department for aquatic species under SARA while Environment & Climate Change Canada (ECCC) and Parks Canada split the other species covered under the Act. The Committee on the Status of Endangered Wildlife in Canada (COSEWIC) has the mandate to assess wildlife status
under SARA. COSEWIC is an independent committee of experts and their assessments are made using the best available science, Aboriginal Traditional Knowledge, and community knowledge. COSEWIC has its own criteria for assessment and these do not include economic and political factors. Their findings have no legal power and it is up to the Canadian government to act on their recommendations. There are five tiers of listing under SARA: Special concern (sensitive to human activities and natural events) Threatened (need to reverse threats) Endangered (facing imminent disappearance) Extirpated (no longer exists in the wild in Canada) Extinct (the species no longer exists anywhere) COSEWIC can also find a species to be not at risk. Once COSEWIC has made its recommendation for listing, the government must decide if it wants to list the species under SARA. The process consists of Recovery potential assessment (if required) Management scenarios Socio-economic analysis (if required) Consultations Lead department (e.g. DFO) develops/submits listing recommendation. This is submitted to the lead department s Minister, which is then submitted to the ECCC Minister. The ECCC Minister determines whether to submit the listing to the Gazette. Canada Gazette I (includes consultation and 30 day comment period) Canada Gazette II (final decision posted within 9 months) There are three possible outcomes from a SARA listing decision: List the species on SARA Schedule 1 Not list the species on SARA Schedule 1 Refer the species back to COSEWIC A species is usually only referred back to COSEWIC if new information has emerged during the recommendation process that could change the committee s recommendation. If a species is listed as extirpated, endangered, or threatened (but not species of special concern), certain prohibitions and steps are triggered. First, automatic prohibitions go into effect immediately which include prohibitions against killing, harming, harassing, capturing, or taking an individual; possessing, collecting, buying, selling, or trading an individual or its parts; damaging or destroying the residence of an individual; and destroying critical habitat. SARA does provide a number of mechanisms for certain activities to occur if relevant conditions are met. Second, after an extirpated, endangered or threatened listing is posted, specific steps for recovery planning and reporting are also triggered. The first step is drafting a Recovery Strategy (RS) and an Action Plan(s) (AP). Critical habitat is also identified at this stage and this information is incorporated into the RS and a Critical Habitat Order for protection of that habitat. If a species is listed as special concern, a Management Plan (MP), rather than a RS and AP, is developed. SARA
prohibitions do not apply for species of special concern. These documents are based on existing information and guidelines and can be amended if new information emerges. The documents go through extensive review and external consultation before they are finalized. For certain listed species, however, these documents and their timelines can vary (e.g. include required actions, include required partners). The lead department must report out on these documents every five years until the management objective is achieved, recovery is deemed not feasible or the species recovers. If the ECCC Minister decides not to list a species under SARA, the relevant Department is required to develop an Alternate Approach Plan (AAP). These measures would have been identified during the development of the Management Scenario. The Department must report on the progress of the measures identified in the AAP every five years. COSEWIC will reassess the species every ten years (or sooner) and the Department can again decide whether or not to recommend listing the species under SARA. 1.3 Discussion of SARA (Responses by Ms. Deller and Ms. Robichaud-Leblanc are indicated by italics.) Sharri Venno (HBMI): Has Canada ever worked collaboratively with the U.S. to develop a RS and AP for a listed species? Is the outer Bay of Fundy salmon population a candidate for this collaboration? Yes, we have collaborated when species cross international boundaries. We have a few case studies: the North Atlantic right whale Recovery Strategy, the leatherback turtle Recovery Strategy, and others that are listed on the SARA website. If both countries independently listed this population we could collaborate on a plan. There is also a SARA collaborative working group that meets about once a year and includes senior management. I am not aware of any indigenous involvement in this working group. Patricia Saulis (MNCC): Could you expand on the role of critical habitat in the RS and AP? There are no restrictions on activities near identified critical habitat but it is prohibited to destroy critical habitat. This process is explained in more detail in the regulation. Ms. Saulis: How can we get more information about how New Brunswick Power qualifies for an exemption on the river? [Fernand Savoie (DFO)] This would be evaluated by DFO s regulatory group. I can put you in touch with the relevant DFO staff. Ms. Saulis: I would like to make a point about the listing process. Many of our communities have expressed to us that this process is not adequate in terms of the consultation component. We do not consider this meaningful consultation. Ms. Saulis: Can you give me an update on the endangered inner Bay of Fundy Atlantic salmon population and the status of its management plan? How far into its recovery are you? This species was listed in SARA itself. We have developed a RS and it was published
in 2010. An AP was published in the Canada Gazette in June 2016 and we are finalizing that document now. We also have multi-stakeholder recovery team that has been meeting for the last 15 years biannually (spring and fall). The recovery of this species is taking a long time because it is a very complex species, it was one of the first species listed under SARA, and we are learning as we go. Various stakeholders have undertaken 80 discrete recovery initiatives for this species since the RS was published. Ms. Saulis: What is the role of the Mactaquac biodiversity facility in the recovery of the inner Bay of Fundy Atlantic salmon? It houses our live gene program. 1.4 Relevant SARA species in the St. John River Watershed Ms. Deller and Ms. Robichaud-Leblanc a brief overview of six species present in the Wolostoq/St. John River that are listed under SARA or in the listing process. In listing process - COSEWIC Status 1) Atlantic Sturgeon (Threatened) - COSEWIC assessed this species as threatened in 2011 due to a single spawning location in the Wolostoq/St. John River, its small breeding population, and the uncertainty of effects of commercial and recreational fishing. DFO s Recovery Potential Assessment (RPA) (SAR 2013/022) identified threats including the commercial fishery, by catch in other fisheries, and a tidal generating station. A socio-economic analysis was completed in 2014 and public consultations were held between November 2014 and February 2015. This species is awaiting a SARA listing decision. 2) Outer Bay of Fundy Atlantic Salmon (Endangered) - COSEWIC assessed this species as endangered in 2010 due to poor marine survival related to substantial but incompletely understood changes in marine ecosystems. DFO s RPA (SAR 2014/021) identified threats including freshwater threats (hydroelectric dams and illegal fishing) and marine threats (ecosystem changes, salmon aquaculture, diseases and parasites, and a depressed population). A socio-economic analysis was completed in 2014 and public consultations were held between August 2014 and October 2014. This species is awaiting a SARA listing decision. 3) American Eel (Threatened) - COSEWIC assessed this species as threatened in 2012 due to dramatic declines over a significant portion of its distribution. DFO s RPA (SAR 2013/078) identified threats including natural limiting factors, directed fishing, physical obstructions, habitat degradation, parasites and diseases, and ecosystem changes. A socio-economic analysis was completed in 2015 and public consultations were held between November 2015 and March 2016. DFO is in the process of developing a regional SARA listing recommendation for this species. 4) Striped Bass (Endangered) - COSEWIC assessed this species as endangered in 2012 due to a single known spawning location and its susceptibility to recreational fishing, by catch in commercial fisheries, poaching, and habitat degradation. DFO s RPA (SAR 2014/053) identified threats in both freshwater and marine/estuarine habitat in the Shubenacadie, St. John, and Annapolis Rivers including recreational and commercial fisheries by catch, entrainment, and in stream barriers. DFO Maritimes Region is currently working to develop Management Scenarios and SARA listing consultations are planned for 2018.
Listed - SARA Status 1) Shortnose Sturgeon (Special Concern) - COSEWIC assessed this species as special concern in 1980, 2005, and 2015 due to limited distribution in Canada and vulnerability to impacts if not managed effectively. Other concerns include by catch, habitat and food scarcity due to hydroelectric dams, and directed and recreational fishing. It has two important habitats (a spawning site near the Mactaquac Dam). This species was listed as a species of special concern in 2009 under SARA and SARA prohibitions do not apply for it. The last population study for this species was completed in the 1970s and there is no current estimate for its numbers (though DFO has seen no indications that its numbers have changed since that time). DFO is working to identify other knowledge gaps about this species, particularly an estimate for its current adult population size. The SARA MP was posted to the SARA Registry in June 2016 with a management objective to maintain sustainable population levels and the current distribution of Shortnose Sturgeon in Canada. 2) Yellow Lampmussel (Special Concern) - COSEWIC assessed this species as special concern in 2004 and 2013 due to having only two known populations in two watersheds and long-term concerns for its viability including habitat quality, invasive species, and the status of its host fish. It can be found in the lower Wolostoq/St. John River and there is no evidence it exists above the Mactaquac Dam. This species is dependent on a host fish species for life cycle closure and has limited dispersal abilities. This species was listed as a species of special concern in 2005 under SARA and SARA prohibitions do not apply for it. The SARA MP was posted to the SARA Registry in March 2010 with a management objective to maintain existing Yellow Lampmussel populations in Canada. 1.5 Discussion of relevant SARA species in the St. John River (Responses by Ms. Deller and Ms. Robichaud-Leblanc are indicated by italics.) Steve Shepard (US FWS): Does SARA contain specific required timeframes for when a decision must be made by the Minister after COSEWIC has made their listing recommendation? Yes it does, but with a caveat: The Minister indicates that they have received the recommendation and posts it online. This posting triggers a nine-month timeline. There is, however, no required timeline for the time period between when COSEWIC completes their assessment and the date the Minister posts the recommendation online. Ms. Saulis: Where does the outer Bay of Fundy Atlantic salmon stand on that schedule? This species is still in the analysis phase and we are developing the regional recommendation. We have not submitted our listing recommendation to the ECCC Minister and we are unsure of when that will happen. Ms. Venno: What is the host fish for the yellow lampmussel? We have limited information on that specific species right now. In the past, it was thought to be white and yellow perch only but there may be other host species. I am aware of a current research
project at Cape Breton University on this question. Mr. Field: The inner Bay of Fundy Atlantic salmon species was listed in SARA itself; is this why you did not talk about the listing process for them? Yes, that s why we did not cover the SARA listing process for this species. There were consultations on the Act itself that covered this species so we did not have to go through the listing process like we do for the examples we just discussed. We went immediately to recovery planning for that salmon population. 2.0 Planning for the Summit 2.1 Logistics Mr. Field reviewed the latest logistics for the spring summit being held May 31-June 1, 2017. The planning team has arranged with the Best Western Plus in Edmundston, New Brunswick to hold a block of rooms. The hotel is near the site of the summit (the Grey Rocks Center) and attendees should call the hotel (506-739-0000) to make reservations. Attendees should reference the summit when making reservations with hotel staff. 2.2 Proposed mapping exercise at the summit Mr. Field reviewed a mapping exercise he would like to add to the summit agenda. The purpose of the exercise would be to build a better understanding spatially, to the extent possible, of who is doing what on the river regarding any number of activities that could affect/impact/inform/aid salmon restoration. Before the summit, each agency would prepare a short (maximum two pages) description of their role and activities in the watershed. The planning team would also prepare various maps of the Wolostoq/St. John River watershed with three areas of interest: monitoring and data collection, programs and project, and permitting. There would also be a map identifying key programmatic gaps. Using these maps, the group would complete three exercises to increase all participants understanding of work in the watershed that is relevant to salmon restoration. Mr. Field sought the group s feedback on the proposed mapping exercise. Some call participants questioned the exercise s focus on salmon when there are at least four species in the listing process and two species already listed in this watershed. Many other river species would benefit from improved fish passage at the Mactaquac Dam. Comments from Ms. Venno and Mr. Field clarified that salmon is being used as an organizing principle for this watershed work and particularly for indigenous peoples. Salmon is the most culturally significant species in the watershed and it is a strong indicator of ecosystem health. Other species require attention but working on salmon will benefit every other organism in the system. Broadening the scope of this exercise risks making it overwhelming and salmon is a good focusing point. 2.3 Summit agenda items Mr. Field requested updates on agenda items and expected attendees: Statement of Cooperation signing - Mr. Savoie had no updates. The DFO Gulf and Maritimes region Regional Director Generals do, however, have the summit
dates reserved on their calendars and will be attending. Inviting the Province of New Brunswick to the summit - Ms. Saulis has not been successful with this invitation as of May 1st. Salmon broodstock ongoing conversation - Ms. Venno would like to see a high level presentation of options for establishing a broodstock in the States. Her previous discussion with DFO scientific staff focused on a common understanding of what stakeholders were interested in doing and the technical assistance DFO would be able to provide. That discussion did not go into detail about the options and this is what Ms. Venno would like to cover at the summit. Mr. Field asked Ms. Venno to take the lead on deepening this discussion, either outside the summit or during a small work session at the summit, and report out to the group. Mr. Field will move this agenda item to the second day of the summit (June 1) so that interested parties will have time to exchange ideas on the previous day. 2.4 Additional comments on the summit planning Ms. Saulis relayed that the Madawaska Chief is planning to host a community presentation the evening before the summit begins (May 30) and this will include a welcome dinner. Timothy Binzen (US FWS) asked if any kind of press or news release related to the summit was under consideration. Ms. Venno said that this opportunity had not been explored yet. 3.0 Next Steps and Action Items The planning team has scheduled two more webinars before the summit: May 11 (9:30-11am ET): EPA s Healthy Watershed Index process (Mr. Stover is arranging a speaker) May 25 (9:30-11am ET): North Atlantic Landscape Conservation Cooperative. (Ken Elowe, US FWS, to be confirmed) For CBI Distribute draft summit agenda with dates and times Develop expected attendance list Distribute housing information For Mr. Savoie (DFO) Put Ms. Saulis in touch with DFO s regulatory group to discuss how she can get more information about how New Brunswick Power qualifies for an exemption on the river. All Submit two-page document of roles and activities for summit mapping exercise to Mr. Field (see Microsoft Word document with exact instructions).