before:

The illegitimate consultations
[main COD page]   [main SARA page]

after:

Quiz of the day:   What famous person said:
You understand that when someone says they’re waiting for “all the facts” before they make a choice, they’re actually just avoiding a decision and hoping it will go away
[answer below]

Lurking in a feelgood speech by the Hon. David Anderson March 03 2004 ...

... was the first inkling of a cynical end-run around the publicly claimed purposes of SARA (Species at Risk Act).
    He announced a surprise extra round of consultations on "costs and benefits" [C&B] of Listing. That blindsided the conservation community. These consultations were an unanticipated roadblock to Listing of endangered species under SARA. They are not provided for by SARA. One loophole in SARA is that the Minister has the power to refuse or accept, or refer an Assessment back to Cosewic. Given the loophole, all that's needed is an excuse, and these consultations are it. (Of course, they depend on another loophole, but that's another story.)

    The consultations are illegitimate. Why? Because they were outside SARA, and they attempt to defeat the stated objectives of SARA.  They are also wastefully duplicative of the 3 rounds of better-informed consultations already provided for by SARA.
    Anderson said these consultations were to address "costs and benefits" [C&B] of Listing. But that is absurd, because the C&B only exist in the context of what will be done (the Listing itself doesn't specify), and plans don't yet exist or have not been disclosed. Therefore, C&B can't be known yet, so at this point even talking about C&B is absurd.

Correspondence re SARA and Listings: the illegitimate consultations of 2004

1: Letter Nov 17 to DFO consultations.

2: Bell 2004: "Special designation would protect Cod". Telegram Forum, St. John's Evening Telegram, Nov. 06 2004 p A11.
    [longer version with SARA references]

3: Letter May 14 2004 to SARA. Response to first announcement by Anderson.

Be informed. Write to SARA, DFO, the PM. Find politicians' contact info at www.parl.gc.ca/.  
Species' status must be accepted like any other fact, and then sensible things done, instead of endless money-wasting and time-wasting!
A copy to kbell"at"mun.ca would be appreciated.

    Because there is no proposed plan, there's no way to know about "costs and benefits". That means these consultations ask for an un-informed opinion. That's senseless. These extra-SARA consultations are purely political and they are an enormous waste of time and money.

The correspondence and articles show why the Listings should be made, why SARA should be amended to provide for automatic acceptance of fact, i.e. acceptance of what it says is the best scientific advice on the question, and why SARA should separate fact and action.
    To not List is like refusing any plain fact. If it's raining, it's raining, and that's the fact. Reluctance to invest in an umbrella will not change the fact that it's raining.
    Just as illogically as that, SARA unwisely bundles together the "Fact" and the "Action". Fact is supposed to determined (not decided) by COSEWIC, so the refusal to List looks like a denial of fact and erodes the meaning of the official List. Instead of List of 'my responsibilities', it becomes List that 'excludes any responsiblities I don't want to meet'.
    SARA also facilitates deception or mis-perception, because it gives government a way to unfoundedly claim environmental responsibility, saying "we protect everything on the List" which sounds convincing until we discover that the List excludes anything government decided not to protect. It's like saying you "feed all your house pets", while you starve all your animals out in the yard.
    What then is SARA is all about, anyway? Control and management of perceptions.

    The current illegitimate consultations are an obvious ploy to give government an excuse for not Listing species whose protection is irksome.

    Everybody knows Bell is no pal of COSEWIC; so why does he strongly urge a Listing?
    Firstly, a Listing offers us the most powerful tool we could imagine to motivate for change where it is needed for research and conservation (at DFO, NAFO, etc.). With the problems with management and NAFO, with the problems getting the feds to break out of the world's longest diplomatic ping-pong game, we need the biggest stick we can get. The "Endangered Species" label is that stick.
    Secondly
, it's a Fact: Cod are in trouble. Maybe not the same trouble everywhere, maybe there are some good spots. But, generally, in serious trouble. Especially offshore. COSEWIC assessments already understate, rather than overstate, risk. Why? Government has a long history of not wanting a designation of Cod, and government controls COSEWIC. Anyone (that is, anyone that hadn't just fallen off the turnip truck and landed on their head), would have to realise DFO/Gov't already worked as hard as they could inside COSEWIC to minimise any assessment. As far as meddling in COSEWIC goes, they're ex-cons. So there's slim chance of finding the COSEWIC assessment going too far, it didn't go far enough: didn't address on the proper basis, didn't acknowledge fine-scale local stocks.
    Thirdly, what about the objections? They either don't automatically come with Listing, or can be dealt with:
            [1] re objection that there are areas where Cod are in better shape: this is good news, but only for those areas, and those Cod may be independent populations. The solution is to assess each population separately. The objection therefore means "COSEWIC assessed at too large a scale" -- that's a simple matter: List with an obligation to emplace a revised Listing within 90 days, based on the fine-scale data that is available, and continue that refinement.
            [2] re objection "could shut down fisheries because of bycatch" -- a red herring, because that's a matter for implementation (see SARA Sec 73, exceptions), and also because SARA is a law that lawmakers can fix if we ask them to (why didn't DFO offer that option in their hearings? ... three guesses?).

Waving the Red Cape

The DFO consultations were accompanied by an information poster/handout with white print on a black banner at the top:

Species at Risk Act Public Consultations
October and November 2004

(top of DFO poster, their filename "Species-at-Risk-(E&F).pdf")
    Where does it say to your comments to? Superficially, it looks like you are writing to SARA:

the poster says: but look what it omits:

"    saracomments@dfo-mpo.gc.ca
• Writing to: Species at Risk Office
P O Box 5667
St. John’s, NL A1C 5X1    "


<-- "Species at Risk Office" but
<-- not identified as DFO!
<-- SARA has no St. John's office

Look at that address: it looks like it belongs to SARA, and clearly meant to; but no, it's a DFO address. That is how they had it. Can anyone claim that was an innocent mistake?
    There's even a section "Who can I contact for moreinformation about SARA?" and for Cosewic, with SARA and Cosewic addresses. The presence of those addresses tends to support the illusion that these are "SARA" consultations, although they are not.
    The way the poster is set up, it's easy to miss the fact that DFO set up the consultations. In fact a common complaint was that there were no SARA or COSEWIC people there. But they were DFO hearings!
    The Cosewic Chair (Marco Festa-Bianchet) gave a talk in April 2005, within which he moaned that COSEWIC was taking all the flak for this. (Shoulda thought of that before playing ball.) But he's an academic (U. Sherbrooke). Cosewic is tactically so outclassed by DFO, you'd think the smart thing would be to catch on. You'd think he'd maybe counter the flak by pointing out exactly how deeply DFO was involved in the Assessment; but no, that'd be admitting he'd played ball too. Outclassed.
    Speaking of tactics, I was chatting with a pleasant DFO person the other day (June 2005) and he moaned about no SARA people or COSEWIC people being at the DFO consultations. (Though that probably worked for them too.) My simple reply was "of course not: not invited, not part of the plan". He couldn't remember how the consultations had been arranged to point the objections at SARA and COSEWIC, but he didn't that it had worked out well for DFO (when you're the one that mismanaged the fishery, it's quite a feat to get all the fishermen to do what you want by getting them angry with SARA and COSEWIC). To argue against it having been engineered he offered the defence that DFO wasn't nearly smart enough to engineer all this stuff. I can see the headline: "DFO staffer advances 'dumb but lucky' hypothesis".

(Quiz answer: the quoted famous person is ... Hon. David Anderson, March 5, 2004) [http://www.ec.gc.ca/minister/speeches/2004/040305_s_e.htm]


BACKGROUND ITEMS: 1997-8 Report: Status of Atlantic Cod (for COSEWIC)
of which the 2003 Report is an Update

COSEWIC does not want anyone to see* the 1998 Report "Status of Atlantic Cod in Canada", so it is provided here as separate html files of Report text and Report figures. (*Even the author of the 2003 Update Report says they didn't give him a copy, and says that's why, unlike other Update Reports, it does not mention the previous one.)
      This is the Report as submitted, which is distinct from the version that COSEWIC changed without permission, not the faked version they tried to make me agree to, or the whitewash they later tried to say I was asked for.

PRESS coverage of the 97-8 Report. See especially the Ottawa Citizen front-page article that preceded the 98 meeting; without that, Cosewic would probably have once more deferred the issue, as it did in 97 on a politically trumped-up procedural basis, or prevented an at-risk designation.

      Note that the 97-8 Report made its Recommendation on the basis of 10 management areas, acknowledging that these already were too large and redefinition of populations should be supported and incorporated. Note that DFO (W. Doubleday, letter to COSEWIC) itself had previously and vehemently demanded a multiple-areas treatment, and I agreed. DFO abruptly changed its mind. COSEWIC asked for no explanation of why DFO would change its mind, and accommodated DFO's revised wish for a single-unit assessment (which even COSEWIC says, in the 2003 Update, could not be a correct decision udner the information available) and yet their Chair says (2004) there were no "other inputs" in 1998 besides the Report. Clearly that means no other inputs they want to declare, and that is what they'd have to do if they released the Report, so their reason for not releasing it is also clear.
       Note that in the 2003 Update, they still did not address it at the finest scale possible, but kept it to 3 major areas (plus Arctic). Under COSEWIC's practise of modifying Reports to fit their decisions, it is not yet known whether the "3 areas" solution was imposed on the author of the 2003 Report, or whether he accepted it. Either way, any Report from COSEWIC is not guaranteed to be what SARA says it must be, i.e. the Report on which COSEWIC's decision (assessment) was based (if you changed it, it isn't what it was when you used it as input). Thus, we have to conclude that all COSEWIC assessments and released Reports are biased in the 'don't -list' direction.
      A key section in the Addendum* is DFO's shifting position on populations ... it shows the origin of DFO's one-population tactic to minimise seriousness of any Listing, the same tactic that's key to generating red-herring fears (of horrendous fines, any fishery closed down if there's bycatch). Of course, those fears are intended to generate political opposition to a Listing.
      (*Why an Addendum? COSEWIC's procedures were not scientific, did not allow for differences to be debated, did not require a Jurisdiction (e.g. DFO) to substantiate its objections, and allowed DFO to abruptly and without explanation change its mind on the key issue of whether Cod should be treated as 1 or many populations. An Addendum was the only way to make the Jursidiction (DFO) accountable for its own statements that were in bad faith, i.e. designed more to frustrate the process than contribute to it.)