Atlantic Mud-piddock Critical Habitat Order

Summary#

The Critical Habitat of the Atlantic Mud-piddock (Barnea truncata) Order: SOR/2023-221 is a federal order that applies legal protection to the habitat needed by the Atlantic Mud-piddock (Barnea truncata) in the Minas Basin. It follows the recovery strategy posted on April 24, 2023 and the Order was registered on October 20, 2023, which put the protection in force. The order was made by the Minister responsible for Fisheries and Oceans Canada under the Species at Risk Act.

What it does#

• Triggers the legal prohibition in the Species at Risk Act against destroying any part of the species’ identified critical habitat.
• Protects the specific substrate and nearby waters identified in the recovery strategy for the Atlantic Mud-piddock (Barnea truncata).
• Names nine discrete intertidal sites in the Minas Basin as containing critical habitat:
  • Port Williams
  • Spencer Point
  • Five Islands
  • Tennycape
  • Burntcoat Head
  • Noel Bay
  • Sloop Rocks
  • Shad Creek
  • Mungo Brook
• Covers the red mudstone substrate (and associated tide pools, rivulets, boulders and patches) and the waters below the high-tide mark along the contiguous shoreline at those sites.
• Complements existing protections under other federal laws, such as the Fisheries Act.

Who's affected#

• People and communities around the Minas Basin, Nova Scotia.
• Commercial and recreational fishers who work in those intertidal areas.
• Businesses and projects that disturb the seabed or shoreline, including dredging, shoreline work, tidal energy projects, and large construction near the shore.
• Recreational users of the foreshore (for example, vehicle use on mudflats or beach activities) where they might change sediment or disturb substrate.
• Fisheries and Oceans Canada (DFO), which will review and authorize activities under existing permit/authorization processes.
• Indigenous groups: DFO engaged 16 groups during the recovery strategy process, including the Kwilmu’kw Maw-klusuaqn Negotiation Office (KMKNO), Acadia First Nation, Sipekne’katik Band, and Bear River First Nation.

Why it matters#

• The Atlantic Mud-piddock lives in a very limited kind of substrate (red mudstone). The recovery strategy reports the total known suitable habitat area as less than 1.84 km (the source does not clearly state the units). Protecting those places helps keep the species' only Canadian population from losing the tiny areas it needs to survive.
• The species is vulnerable to changes that bury or change the seabed, such as increased sediment, ice scouring, sea-level rise, major storms, dredging, tidal turbines, oil spills, and some recreational activities. This order makes it clearer that damaging those specific habitats is prohibited unless authorized.
• People or companies that destroy critical habitat without proper authorization could face penalties under SARA, including fines up to $300,000 (summary conviction) or $1,000,000 (indictable), and in some cases fines of $50,000 or $250,000 for smaller entities; criminal sentences can include up to one year or five years in jail depending on the offence. (Exact penalties depend on the offence and the court decision.)
• The government’s analysis says the Order itself is not expected to add significant costs to businesses or the public because existing permit and review processes are already in place. Still, anyone planning work in these areas should check with Fisheries and Oceans Canada before starting.