New Spotted Gar Critical Habitat Order

Summary#

The federal government replaced the old Critical Habitat of the Spotted Gar (Lepisosteus oculatus) Order with a new version that keeps the same habitat protections but clears up confusing wording. The new order came into force on September 25, 2024 and maintains the rule that the species’ critical habitat must not be destroyed except where other park or wildlife-area rules apply.

What it does#

• Repeals the previous order, SOR/2017-264, and replaces it with the new Critical Habitat of the Spotted Gar (Lepisosteus oculatus) Order (this instrument).
• Keeps the protection that stops the destruction of any part of the Spotted Gar’s critical habitat identified in the recovery strategy under the Species at Risk Act.
• Removes specific naming of individual parks and wildlife areas from the order so it no longer needs to be updated when the list of such places changes. The order still excludes portions of habitat that are in certain parks or national wildlife areas that are handled differently under the Species at Risk Act.
• Keeps the order “linked” to the official recovery strategy. That means if the recovery strategy is later amended and adds or changes mapped critical habitat, the order will automatically apply to those changes.
• Came into force on the day it was registered: September 25, 2024.

Who's affected#

• People planning activities in Spotted Gar critical habitat in southern Ontario. This can include landowners, developers, contractors, or anyone doing work in or near waterways where the species lives.
• Fisheries and Oceans Canada, which oversees the species-at-risk protections and provides guidance to proponents.
• Managers of the protected places that are treated specially under the law, including Point Pelee National Park of Canada, Long Point National Wildlife Area, and Big Creek National Wildlife Area.
• The general public and conservation groups watching how habitat for endangered species is described and protected.

If it’s unclear whether a particular place is mapped as critical habitat, people should check the posted recovery strategy or contact Fisheries and Oceans Canada.

Why it matters#

• It removes an outdated, confusing list of place names from the old order. That makes the rule easier to keep accurate when the recovery strategy changes.
• It does not expand or reduce the areas that are protected. The same critical habitat identified in the recovery strategy remains protected.
• Anyone doing work inside the species’ critical habitat still needs to check whether their activity could harm that habitat. Breaking the protections under the Species at Risk Act can lead to large penalties — for example, summary-conviction fines up to $300,000 for a corporation, $50,000 for a non-profit or individual, or jail for individuals up to 1 year; indictable-offence fines up to $1,000,000 for a corporation, $250,000 for a non-profit or individual, or jail up to 5 years.
• The change is mostly administrative: it aims to reduce confusion without changing who or what is protected.