Order summary: Critical Habitat of the Barrens Willow (Salix jejuna)

The objective of the Critical Habitat of the Barrens Willow (Salix jejuna) Order (the order) is to support the survival and recovery of the Barrens Willow through the legal protection of its critical habitat on federal land. The order applies to the portions of critical habitat of Barrens Willow found on one federal property on Cape Norman, on the island of Newfoundland. This property, which covers approximately 45.5 hectares (0.45 km²), is owned by Fisheries and Oceans Canada and is managed by the Canadian Coast Guard for the purpose of operating a lighthouse.

The order was made under section 58 of the Species at Risk Act (SARA). It came into force on June 24, 2019.

About the Barrens Willow

The Barrens Willow (Salix jejuna) is a low-lying deciduous shrub endemic to the limestone barrens on the northwestern tip of the island of Newfoundland. It forms small mats, and reaches 1 to 2 cm in height. It has trailing branches 10 to 40 cm long. The stems and branchlets are reddish-brown and hug the ground. Leaves are elliptic or almost circular with a waxy upper surface and in-rolled edges. Dense clusters of inconspicuous flowers called catkins grow just below the previous year’s shoots at the tip of the branchlets.

The Barrens Willow grows in exposed gravely and rocky limestone areas with limited vegetation and a thin layer of low-nutrient soil. The species can grow in dry areas, as well as in moist depressions where gravel and silt accumulates between large blocks of limestone, and where seasonal flooding occurs. The main threats to the Barrens Willow are loss and degradation of habitat due to human activ­ities.

The Barrens Willow was listed as « Endangered » under SARA in 2003. The general prohibitions under section 32 of SARA (for individuals) therefore apply to the Barrens Willow on federal land. As such, it is prohibited:

• to kill, harm, harass, capture or take an individual Barrens Willow; and
• to possess, collect, buy, sell or trade an individual Barrens Willow or any part or derivative of such

The species was also listed as « Endangered » under the Newfoundland and Labrador Endangered Species Act in 2002 and benefits from protections under this piece of legislation.

Prohibitions under the order

The order applies the prohibition against the destruction of critical habitat, as set out in subsection 58(1) of SARA, to the critical habitat of the Barrens Willow on federal land. Destruction of critical habitat would result if any part of the critical habitat were degraded, either permanently or temporarily, such that it would not serve its function when needed by the species. Examples of activities likely to result in destruction of critical habitat for the species include, but are not limited to the following:

• the removal of substrate, vegetation and/or the organic layer, or the deposition of material that prevents Barrens Willow from germinating, establishing, growing and/or reproducing. Specific examples include limestone gravel excavation, quarrying, drilling, and road construction, including the deposition of associated materials and by-products from these activities (for example, gravel and stone piles). Other local activities include the development of recreational trails for eco-tourism purposes
• substrate compaction and substrate damage (for example, limestone shattering) that affects normal root function, seedling recruitment, and natural hydrologic patterns. Specific examples of activities capable of causing compaction and substrate damage include the use of vehicles (for example, all-terrain vehicle, dirt bike, heavy equipment or car) off of designated trails and roadways (including for maintenance or recreational purposes); and the placement of temporary or permanent structures. It is important to note that even a single pass of a vehicle, especially when the substrate is wet, can cause enough compaction to result in the loss of habitat function for the species
• any activity that reduces the quality of habitat by removing, adding or covering substrate or otherwise damaging components of the plant community. Specific examples include the laying out of fish nets or other fishing equipment, the collecting of rocks or plants for horticultural purposes, picnicking in places other than those marked for that purpose, the depositing of waste material, and the introduction of plants or animals non-native to the limestone barrens

Applying for a permit under SARA

If you plan to undertake activities on the federal land to which the order applies, and those activities could affect the Barrens Willow or destroy any part of its critical habitat, then you will need to apply to Environment and Climate Change Canada for a permit under section 73 of SARA. A permit may be issued if the activity meets one of three purposes: (a) scientific research relating to the conservation of the species; (b) activity benefitting the species or required to enhance chance of survival in the wild; or (c) affecting the species is incidental to the carrying out of the activity.

Permits are assessed on a case-by-case basis at the time of application. They may be granted only when all three of the following preconditions are met: all reasonable alternatives have been considered and the best solution has been adopted; all feasible measures will be taken to minimize the negative impact of the activity; and the activity will not jeopardize the survival or recovery of the species.

To apply for a permit, refer to the Species at Risk Permit System.

Enforcement and penalties under SARA

In the event of a contravention of the Act, SARA provides for penalties, including liability for costs, fines or imprisonment, alternative measures agreements, seizure and forfeiture of things seized or of the proceeds of their disposition. SARA also provides for inspections, and search and seizure operations by enforcement officers designated under SARA.

For more information

Barrens Willow information and recovery documents are available on the Barrens Willow Species profile page, on the Species at Risk Public Registry. For more details on SARA and how it may apply to you, visit the Species at Risk Education Centre.

Contact

Environment and Climate Change Canada – Atlantic Region
Canadian Wildlife Service
PO Box 6227
17 Waterfowl Lane
Sackville NB E4L 1G6

Toll Free: 1-800-668-6767 (in Canada only)
Phone: 506-364-5044
Fax: 506-364-5062
Email: ec.enviroinfo.ec@canada.ca