Nooksack Dace Critical Habitat Amended

Summary#

The Order Amending the Critical Habitat of the Nooksack Dace (Rhinichthys cataractae ssp.) Order updates how the protected habitat for the endangered Nooksack dace is defined in law. It repeals part of the previous Critical Habitat of the Nooksack Dace (Rhinichthys cataractae ssp.) Order (SOR/2016-82) so the habitat identified in the species’ recovery strategy (as updated) is the one protected. The Order came into force on July 24, 2020.

What it does#

• Repeals section 2 and the Schedule from the Critical Habitat of the Nooksack Dace (Rhinichthys cataractae ssp.) Order (SOR/2016-82) so the order no longer contains a fixed list of places and coordinates.
• Keeps section 1, which means the Order now protects whatever critical habitat is identified in the recovery strategy on the public registry. That makes the legal protection “dynamic”: future, final changes to the recovery strategy automatically become protected.
• Corrects problems caused when Fisheries and Oceans Canada posted an amended recovery strategy on February 12, 2020 that changed which stream reaches are considered critical habitat (including the removal of 8 reaches in the Brunette River and the addition of 1 reach in Bertrand Creek).
• Removes contradictory or erroneous coordinate information from the 2016 Order so the legal protection matches the recovery strategy.

Who's affected#

• People and businesses working near the following watersheds in southwestern British Columbia: Bertrand Creek, Brunette River, Fishtrap Creek, and Pepin Creek.
• Landowners, farmers, construction and drainage contractors, and developers with projects that could affect stream channels or riparian areas in those watersheds.
• Fisheries and Oceans Canada as the permitting and compliance authority, and provincial or local governments that deal with land or water management in those areas.
• Indigenous groups whose territories overlap or are adjacent to the habitat (the Order notes adjacency to the territory of the Tsawwassen First Nation). The notice says critical habitat is not on Indian Act reserves.
• Environmental groups and anyone interested in protecting endangered fish habitat.

If it’s unclear whether a specific location or activity is affected, the Order points people to contact Fisheries and Oceans Canada for confirmation or to seek permits.

Why it matters#

• It removes confusion about which parts of streams are legally protected for the Nooksack dace. That helps people planning work near these streams know whether they need a permit or must change plans to avoid harming habitat.
• The change ties legal protection directly to the government recovery strategy, so updates based on new science will be reflected automatically in the protected areas.
• Most of the species’ critical habitat was already protected under the 2016 Order; this amendment mainly fixes mapping errors and alignment with the updated recovery strategy.
• Activities that destroy protected critical habitat can lead to enforcement action. Under the Species at Risk Act, fines can be up to $300,000 (summary conviction) or $1,000,000 (indictable) for corporations and up to $50,000 or $250,000 for other offenders, and prison terms can extend up to 1 year or 5 years in the most serious cases.