AWA and Timberwolf Wilderness Society Letter Re: Action Plan for Westslope Cutthroat Trout (Alberta Population)

August 2, 2016

The Honourable Dominic LeBlanc, P.C., M.P.
Minister of Fisheries, Oceans and the Coast Guard
House of Commons
Ottawa, Ontario
K1A 0A6
Min@dfo-mpo.gc.ca

Dear Minister:

Re: Action Plan for Westslope Cutthroat Trout (Alberta Population) – Requirements under the Species At Risk Act (SARA)

Timberwolf Wilderness Society and Alberta Wilderness Association (AWA) write to urgently request that you issue, without further delay, an action plan for the conservation and recovery of Westslope Cutthroat Trout (Alberta Population), designated as Threatened under the Species At Risk Act (SARA).

As the competent Minister, you are required to issue an action plan showing how you intend to execute the recovery strategy, and post a proposed action plan in the public registry (SARA, sections 47, 49 and 50). A deadline for the action plan must be stated in the recovery strategy (SARA, s. 41(g)). The deadline for the action plan stated in the recovery strategy is 31 March 2015 (Recovery Strategy [Final] p. 26). As of the date of writing this letter, no action plan has been posted to the SARA registry, making it more than 1 year and 4 months late, in contravention of the Act.

SARA provides that, if the action plan has not been issued by the deadline, the Minister is required to post on the SARA Public Registry a summary of the part of the action plan that has been completed (SARA, s. 50(4)). Again, as of the date of the writing of this letter, no such summary has been posted. The summary, too, is more than 1 year and 4 months late, in contravention of the Act.

Despite SARA section 50(4), it is clear from SARA sections 47, 49 and 50 that the issuance of an action plan is still required, and cannot be put off indefinitely. In this regard, we note that the need for a scientifically sound, effective and comprehensive action plan to protect and recover this species is urgent. Its absence is leaving many of the remnant populations of Westslope Cutthroat Trout at serious risk in Alberta. We describe only a few examples below.

A metallurgical coal mine is being reviewed for approval on Grassy Mountain, Alberta, Crowsnest River drainage. Current plans propose direct modification of designated critical habitat for Westslope Cutthroat Trout in Gold Creek. Designated critical habitat is also likely to be impacted by the release of toxic selenium from this project. Even though mining is specifically identified as a threat to critical habitat in the recovery strategy, the Minister has published no specific action plans for protecting designated critical habitat and recovering the SARA-designated Westslope Cutthroat Trout populations in Gold Creek and its tributaries, Morin and Caudron creeks.
The Alberta Government is currently designing extensive off-highway vehicle (OHV) trail networks and associated infrastructure, in some cases including serviced campsites requiring sewage and water management, in the Castle, Crowsnest, Livingstone, upper Oldman, Willow Creek, and Ghost River drainages, and in the headwaters of Sharples Creek, Porcupine Hills. OHVs and their trails are identified in the recovery strategy as a threat to critical habitat. These plans affect and potentially threaten as many as 25 of the 39 remnant populations of Westslope Cutthroat Trout and their critical habitats outside of Banff National Park that are identified as protected under SARA. The Minister has not published specific action plans for how any of these populations will be recovered or how their critical habitats will be protected.
Logging is identified in the recovery strategy as a threat to critical habitat, and its effects may become apparent only years after the logging has occurred. Commercial and some experimental logging is ongoing or planned for the near future in many locations in the Crowsnest River, upper Oldman River, Livingstone River, Willow Creek and Elbow River drainages where the operations affect SARA-designated Westslope Cutthroat Trout populations and critical habitat. Recently or soon to be affected SARA-listed populations and their designated critical habitats include Star Creek, Girardi Creek, South Racehorse Creek, Spoon Creek, Todd Creek, Corral Creek/Willow drainage, Hidden Creek, O’Hagen Creek, Silvester Creek, and a number of small unnamed tributaries. No action plan has been published by the Minister describing precisely how any of these populations will be recovered and their critical habitats will be protected.

To reiterate, a scientifically-defensible, comprehensive action plan is urgently required, and should be issued by the Minister without any further delay to deal with the serious issues identified above, and many others not itemized here. We suggest that a reasonable deadline at this point should be not later than 30 September 2016, given that much of the work must have already been completed and the Minister’s own deadline of 31 March 2015 is now passed. In the meantime, a summary of the work completed to date on the action plan must (SARA section 50(4)) be posted on the SARA Registry without delay. We suggest that 15 August 2016 is a reasonable deadline, given that it is now more than 1 year and 4 months late.

We look forward to receiving your reply.

Sincerely,

ALBERTA WILDERNESS ASSOCIATION                               TIMBERWOLF WILDERNESS SOCIETY
Christyann Olson                                                                            David W. Mayhood
Executive Director                                                                        Director