Critical Habitat Order for Copper Redhorse

Summary#

The Canada Gazette notice (published February 20, 2021) proposes the Critical Habitat of the Copper Redhorse (Moxostoma hubbsi) Order. If made, the Order would trigger the legal prohibition against destroying the fish’s identified critical habitat under the Species at Risk Act for areas outside the Îles de Contrecœur National Wildlife Area.

What it does#

• Declares that the critical habitat described in the species' recovery planning documents is covered by the prohibition in subsection 58(1) of the Species at Risk Act, except for the portion already in the Îles de Contrecœur National Wildlife Area.
• Covers the habitat types identified in the recovery work: shallow grass beds in the St. Lawrence River, the nearshore littoral zone of the Richelieu River (about 0 to 4 m depth), and rapids downstream of the Saint‑Ours and Chambly dams.
• Makes damaging activities in those areas potentially prosecutable unless an appropriate permit or authorization is issued under SARA or the Fisheries Act.
• Keeps existing processes for authorizations and offsets in place (project proponents can seek permits or Fisheries Act authorizations that act like SARA permits).
• Notes enforcement and permitting roles for Fisheries and Oceans Canada and the Parks Canada Agency on lands they administer.
• Invites public comments on the proposed Order within 30 days of the Gazette notice.

Who's affected#

• Projects and companies planning work in the listed river areas. The notice explicitly discusses the Montreal Port Authority container port project (planned capacity 1.15 million containers per year) as an example of an activity in the same region that may need permits and offsets.
• Waterway users and industries such as shipping companies, marinas, dredging contractors, recreational boaters, and developers. Examples of activities that could harm the habitat include:
  • construction of dams, bridges or marinas
  • infilling or bank hardening (retaining walls)
  • dredging and navigation-related works
  • intensive pleasure-boating in sensitive shallow grass beds
• Government bodies responsible for management and enforcement: Fisheries and Oceans Canada and Parks Canada Agency (the latter for the Saint‑Ours Canal National Historic Site and its fish ladder).
• Local and regional stakeholders including municipalities, conservation groups, and Indigenous communities that were consulted (for example, Odanak (Abénakis) and Kahnawake (Mohawk)). The critical habitat is not on reserve lands, according to the notice.
• Hydro operators and other infrastructure owners mentioned in consultations, such as Hydro‑Québec.

Why it matters#

• The Copper Redhorse (Moxostoma hubbsi) is an endangered fish found only in parts of the St. Lawrence and Richelieu rivers in Quebec. Protecting its critical habitat is a practical step toward helping the species recover.
• For people and businesses, the Order changes how work in specific shallow river areas is treated: some activities may be restricted or require permits, mitigation, or offset measures to avoid breaking the habitat‑destruction prohibition.
• For the public and local communities, this aims to keep important river grass beds and spawning rapids in better condition for fish and the wider river ecosystem.
• The government says incremental costs from the Order should be negligible and that existing laws and permit processes (including possible fines for offences) will continue to apply. The Order mainly makes the SARA prohibition explicitly enforceable for the identified areas outside the already protected national wildlife area.