Critical Habitat of the White Sturgeon (Acipenser transmontanus) Nechako River Population Order: SOR/2024-21
Canada Gazette, Part II, Volume 158, Number 5
Registration
SOR/2024-21 February 8, 2024
SPECIES AT RISK ACT
Whereas the White Sturgeon (Acipenser transmontanus) Nechako River population is a wildlife species that is listed as an endangered species in Part 2 of Schedule 1 to the Species at Risk Act footnote a;
Whereas the Minister responsible for the Parks Canada Agency, namely the Minister of the Environment, and the Minister of Fisheries and Oceans have together prepared a recovery strategy that identified the critical habitat of that species and that recovery strategy has been included in the Species at Risk Public Registry;
And whereas a portion of the critical habitat of that species is in a place referred to in subsection 58(2)footnote b of that Act and, under subsection 58(5) of that Act, that portion must be excluded from the annexed Order;
Therefore, the Minister of the Environment and the Minister of Fisheries and Oceans make the annexed Critical Habitat of the White Sturgeon (Acipenser transmontanus) Nechako River Population Order under subsections 58(4) and (5) of the Species at Risk Act footnote a.
Gatineau, September 26, 2023
Steven Guilbeault
Minister of the Environment
Ottawa, February 7, 2024
Diane Lebouthillier
Minister of Fisheries and Oceans
Critical Habitat of the White Sturgeon (Acipenser transmontanus) Nechako River Population Order
Application
Application
1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the White Sturgeon (Acipenser transmontanus) Nechako River population — which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry — other than the portion of that critical habitat that is in a place referred to in subsection 58(2) of that Act, more specifically, that is in the Nechako River Bird Sanctuary as described in Part IX of the schedule to the Migratory Bird Sanctuary Regulations.
Repeal
2 The Critical Habitat of the White Sturgeon (Acipenser transmontanus) Nechako River Population Order footnote 1 is repealed.
Coming into force
Registration
3 This Order comes into force on the day on which it is registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
Issues
Critical habitat for the endangered Nechako River population of White Sturgeon was first identified in the Recovery Strategy for White Sturgeon (Acipenser transmontanus) in Canada that was posted to the Species at Risk Public Registry in March 2014. It is found in British Columbia in the Nechako, Stuart, Stellako and Nautley Rivers, as well as Fraser, Trembleur and Stuart Lakes.
Situated on the edge of the lower half of Stuart Lake is the Fort St. James National Historic Site, federal lands administered by the Parks Canada Agency. According to the Species at Risk Act (SARA), the Minister responsible for the Parks Canada Agency is therefore a competent minister for the Nechako River population of White Sturgeon, specifically with respect to any individuals in or on the Fort St. James National Historic Site of Canada.
In May 2016, the Minister of Fisheries and Oceans made the Critical Habitat of the White Sturgeon (Acipenser transmontanus) Nechako River Population Order (SOR/2016-84). This Order triggered the application of the prohibition in subsection 58(1) of SARA against the destruction of any portion of the species’ critical habitat identified in the recovery strategy for the species, other than a portion in the Nechako River Bird Sanctuary.footnote 2 However, as the Order did not specifically acknowledge the Minister responsible for the Parks Canada Agency as a competent minister for the species, a revised version was needed to address this omission.
Objective
The objective of this regulatory initiative is to replace the 2016 Order with a critical habitat order jointly signed by both competent ministers for the species: the Minister of Fisheries and Oceans and the Minister responsible for the Parks Canada Agency (i.e. the Minister of the Environment).
Description and rationale
The replacement Critical Habitat of the White Sturgeon (Acipenser transmontanus) Nechako River Population Order maintains the application of the prohibition, set out in subsection 58(1) of SARA, against the destruction of any part of the critical habitat identified in the recovery strategy for the species, aside from that found within the Nechako River Bird Sanctuary.
An amended recovery strategy for the Nechako River population of White Sturgeon was posted on the Species at Risk Public Registry on January 25, 2023, with the sole objective of recognizing the Minister responsible for the Parks Canada Agency as a competent minister. Critical habitat for the Nechako River population of White Sturgeon remains the same as originally identified in the 2014 recovery strategy and as protected by the 2016 Order.
If new information becomes available to support changing the critical habitat of the Nechako River population of White Sturgeon, the recovery strategy will be updated as appropriate (taking into account feedback from public consultation, as necessary). The replacement critical habitat order will automatically apply to the revised critical habitat once included in an amended recovery strategy posted on the Species at Risk Public Registry.
The Critical Habitat of the White Sturgeon (Acipenser transmontanus) Nechako River Population Order (SOR/2016-84) was repealed upon the making of the replacement critical habitat order.
One-for-one rule and small business lens
The replacement critical habitat order has the same effect as the one previously made in 2016 and, therefore, will not result in incremental costs to businesses, Canadians or the Government.
The one-for-one rule does not apply to this regulatory initiative, as there is no change in administrative costs or burden to business.
Analysis under the small business lens determined that the regulatory initiative will not impact small businesses in Canada.
Contact
Courtney Trevis
Director
Species at Risk Operations
Fisheries and Oceans Canada
200 Kent Street
Ottawa, Ontario
K1A 0E6
Email: SARA_LEP@dfo-mpo.gc.ca