Questions and answers: Critical habitat of the Atlantic Salmon, inner Bay of Fundy population

What is critical habitat?

Critical habitat is defined in the Species at Risk Act (SARA) as the habitat that is necessary for the survival or recovery of a listed wildlife species and that is identified as such in the recovery strategy or action plan for the species. For aquatic species, critical habitat may include areas used for spawning, rearing young, feeding and migration. SARA requires that critical habitat be identified to the extent possible for all endangered, threatened and extirpated species.

What is the critical habitat for the Atlantic Salmon, inner Bay of Fundy population?

The critical habitat of the Atlantic Salmon, inner Bay of Fundy population (hereafter iBoF Salmon) (Figure 1) is identified in the recovery strategy as follows:

Freshwater areas found below complete natural barriers (e.g., waterfalls) in the following 10 rivers and their tributaries: the Gaspereau, Stewiacke, Debert, Folly, Great Village, Portapique and Economy rivers in Nova Scotia and the Upper Salmon*, Point Wolfe* and Big Salmon rivers in New Brunswick.  

*The Upper Salmon and Point Wolfe rivers are partially contained within the boundaries of Fundy National Park (FNP).

These critical habitat areas support the following functions: spawning, feeding, rearing, migration and overwintering. Features of the critical habitat include: riffles, runs and holding pools. 

How is critical habitat legally protected?

Legal protection means that all of the functions, features and attributes of the identified critical habitat are protected from destruction by a provision(s) in, or measure(s) under, SARA or another act of parliament. Within 180 days after the recovery strategy (or action plan) identifying critical habitat referred to in subsection 58(1) is included in the public registry, the Minister of Fisheries and Oceans must ensure that the critical habitat is legally protected. These legal provisions or measures must be mandatory and enforceable and must either solely or collectively provide protection equivalent to subsection 58(1) of SARA. Otherwise, critical habitat must be protected by the application of subsection 58(1) of SARA itself. For the portion of iBoF Salmon critical habitat located within the Fundy National Park, a description of the critical habitat was published in the Canada Gazette pursuant to subsection 58(2) in 2010. 90 days following publication in the Canada Gazette, the subsection 58(1) prohibition against destroying critical habitat applied to that portion of critical habitat.

Under SARA, legal protection of the remaining critical habitat areas may be achieved using one of the following mechanisms:

1. Making a critical habitat order pursuant to subsections 58(4) and (5) of SARA, which brings into force the subsection 58(1) prohibition against the destruction of any part of critical habitat
2. Including in the public registry a statement setting out how the critical habitat is legally protected pursuant to subsection 58(5) of SARA, by other acts of parliament

The iBoF Salmon critical habitat is legally protected using a critical habitat order.

Section 58 of SARA prohibits the destruction of any part of the critical habitat identified in documents published in the Species at Risk Public Registry. When in force, this section of SARA:

1. Allows charges to be laid under SARA against a person who destroys any part of iBoF Salmon critical habitat
2. Requires that a permit (or agreement) be obtained before undertaking an activity that is likely to destroy any part of critical habitat, which will contain conditions or restrictions that would reduce the impacts of the activity on iBoF Salmon, and
3. Complements existing, applicable laws and regulations by ensuring that all activities that may result in the destruction of iBoF Salmon critical habitat are managed as necessary as well as drawing attention to the importance of sites for survival or recovery of species

What are the activities likely to destroy iBoF Salmon critical habitat?

The iBoF Salmon recovery strategy provides examples of activities that are likely to destroy any part of critical habitat if unmitigated. These can include single or multiple activities occurring at 1 point in time or recurrently, that result in immediate or cumulative habitat loss, either temporarily or permanently. Critical habitat destruction would render the area unsuitable to a point where it would no longer serve its function when needed by the species.

Table 1 includes examples of activities that are likely to cause destruction of any part of critical habitat found in the iBoF Salmon recovery strategy. This list is not considered exhaustive but reflects the best available knowledge at this time.

The activities on this list are not automatically prohibited. SARA prohibits the destruction of critical habitat caused by human activities, not the activities themselves. Such destruction may result from activities occurring within or outside of the critical habitat, if they contribute to a critical habitat function being made unavailable at a time it is required by the species.

How do I ensure my activities will not destroy iBoF Salmon critical habitat?

The iBoF Salmon recovery strategy contains information that may help you determine if your activity could destroy any part of critical habitat.  If you are still uncertain, seek advice from a qualified environmental professional. They may be able to advise you on how to proceed with your activity while also protecting iBoF Atlantic Salmon by providing technical advice on appropriate measures to avoid or mitigate impacts. If your activity could destroy any part of iBoF Salmon critical habitat, you will need to contact DFO to determine if the activity can be authorized.

Who do I contact for more information?

For more information, please contact:

Maritimes Region
speciesatrisk.xmar@dfo-mpo.gc.ca
1-866-891-0771