Critical Habitat Protection for Fernald's Braya

Summary#

The Critical Habitat of the Fernald's Braya (Braya fernaldii) Order uses the Species at Risk Act to protect areas of habitat for the endangered Fernald’s Braya on federal land. It applies to 5 federal properties in Newfoundland and came into force when registered on February 8, 2021 (published in the Canada Gazette on February 17, 2021).

What it does#

• Applies the SARA prohibition against the destruction of critical habitat to parts of federal land used by Fernald’s Braya.
• Covers these specific federal properties on the Island of Newfoundland:
  • Cape Norman lighthouse (managed by the Department of Fisheries and Oceans)
  • Big Brook Wharf (managed by the Department of Fisheries and Oceans)
  • Port au Choix National Historic Site (managed by the Parks Canada Agency)
  • Port au Choix Range Rear (managed by the Department of Fisheries and Oceans)
  • a portion of Point Riche Road (managed by the Department of Fisheries and Oceans)
• Identifies common activities likely to destroy the habitat, including:
  • vegetation removal, quarrying, road building and other construction
  • substrate compaction from vehicles or heavy equipment
  • placing nets or fishing gear, collecting plants/rocks, camping or leaving waste
  • introducing non-native plants or animals
• Makes clear that permits can be issued in limited cases under SARA for activities that meet strict conditions (e.g., no reasonable alternatives, minimal impact, and no jeopardy to the species).

Who's affected#

• Federal land managers and departments responsible for the listed sites:
  • Parks Canada Agency
  • Department of Fisheries and Oceans
  • Environment and Climate Change Canada (the federal department responsible under SARA)
• Local users of those sites, including tourists, hikers and heritage visitors at Port au Choix, and small communities near Cape Norman and Big Brook.
• Companies or crews that do maintenance or construction on those federal properties (for example, utility maintenance such as Nalcor Energy Company).
• Indigenous groups in the region (the government consulted groups including Miawpukek First Nation and Qalipu First Nation); the government found no major impacts on Indigenous rights in this case.
• Anyone planning activities that could damage the habitat may need to seek a SARA permit and follow mitigation rules.

Why it matters#

• Fernald’s Braya is a tiny plant (about 10 cm tall) found only on the limestone barrens of Newfoundland and nowhere else. Its known range spans about 260 km of coastline. Protecting its habitat helps prevent extinction of this local, rare species.
• Legal protection of the species’ critical habitat on federal land makes it harder for damaging activities (like quarrying, road building, or careless recreation) to happen without review or permits.
• The rule is expected to have modest costs to the federal government for enforcement—estimated at about $160,000 over 10 years, of which about $139,000 is enforcement-related—but little to no direct cost to local stakeholders or small businesses.
• It also supports local conservation and ecotourism values by helping preserve a globally rare ecosystem (the limestone barrens) and the plants that depend on it.