Fawnsfoot Critical Habitat Protected

Summary#

The Critical Habitat of the Fawnsfoot (Truncilla donaciformis) Order is an order under the Species at Risk Act that gives legal protection to places identified as critical habitat for the endangered Fawnsfoot (Truncilla donaciformis). The order came into force on October 20, 2022 and triggers the law’s prohibition against destroying any part of that critical habitat.

What it does#

• Applies subsection 58(1) of the Species at Risk Act to the critical habitat that the Recovery Strategy identified for the Fawnsfoot (Truncilla donaciformis).
• Triggers a legal prohibition on the destruction of any part of the listed critical habitat.
• The areas identified include parts of the Grand, East Sydenham, North Sydenham (Bear Creek) and Thames rivers. Maps and precise boundaries are in the Recovery Strategy posted on the public registry on April 21, 2022.
• The order complements existing protections (for example under the Fisheries Act) and allows proponents to seek permits or authorizations when an activity would affect critical habitat. The permitting process is the same whether or not the order is in place.
• The Recovery Strategy and the protected areas could be updated in future; any revised critical habitat would be protected once posted in an amended recovery strategy.

Who's affected#

• People and organizations proposing works or activities in or near the listed river sections — for example developers, municipalities, conservation authorities, and anyone doing in-water or shoreline work.
• Indigenous communities with reserve land along these rivers, including the Chippewa of the Thames First Nation, Moravian of the Thames First Nation (Delaware Nation), Munsee-Delaware First Nation, and Oneida Nation of the Thames. Fisheries and Oceans Canada consulted with those groups during development.
• Fisheries and Oceans Canada (DFO), which will handle permit reviews, compliance promotion and enforcement.
• It is not always clear from the order which individual properties or river-bank parcels are affected; people should consult the Recovery Strategy maps or contact DFO to check specific locations.

Why it matters#

• The Fawnsfoot’s Canadian range has shrunk by about 51%, largely because of invasive zebra and quagga mussels and other threats. Protecting critical habitat is intended to help the species recover.
• In practical terms, the order means some activities that damage riverbed habitat could be prohibited unless a permit or authorization is obtained. That can affect construction, dredging, shoreline alteration, and some recreational uses in the listed areas.
• The government assessed that making the order should have negligible incremental costs for businesses and the public because existing review and permitting processes already consider these protections.
• Penalties under the Species at Risk Act can be significant: fines up to $1,000,000 for corporations on indictment, and up to $250,000 (or imprisonment up to five years) for other persons on indictment.