HH (MB) Limited Partnership - Permit for activities to achieve an overall benefit to a species

On February 23, 2023, the Minister of the Environment, Conservation and Parks issued an overall benefit permit to HH (MB) Limited Partnership, under section 17(1) of the Endangered Species Act, 2007 (ESA) for Blanding’s Turtle, Eastern Foxsnake (Georgian Bay Population) and Eastern Whip-poor-will and their habitat.

The permit authorizes HH (MB) Limited Partnership to expand and redevelop the former Dreamers Trailer Park into Lighthouse Landing at Georgian Bay trailer park at 380 Macey Bay Road in the Town of Honey Harbour, Township of Georgian Bay, Ontario.

The following habitat will be impacted:

• damage 13.66 hectares and destroy 1.58 hectares of Blanding's Turtle habitat
• damage 6.35 hectares and destroy 2.46 hectares of Eastern Foxsnake (Georgian Bay population) habitat
• damage 8.63 hectares of the habitat of Eastern Whip-poor-will

Protecting species at risk

Our government is committed to protecting species at risk and providing strong environmental oversight, while working to support development opportunities in the province.

Businesses, municipalities and other proponents are expected to take steps to ensure their projects avoid any adverse impacts on species at risk or their habitats. However, where avoidance is not possible, the ESA gives the Minister the discretion to authorize activities if certain conditions can be met.

The permit includes conditions that require HH (MB) Limited Partnership to undertake measures that will:

• minimize adverse effects to Blanding’s Turtle, Eastern Foxsnake (Georgian Bay Population) and Eastern Whip-poor-will
• achieve an overall benefit to Blanding’s Turtle, Eastern Foxsnake (Georgian Bay Population) and Eastern Whip-poor-will within a reasonable timeframe

Actions to minimize adverse effects to the species

The permit requires HH (MB) Limited Partnership to:

• install exclusion fencing to ensure the Blanding’s Turtle and Eastern Foxsnake-Georgian Bay Population are unable to access the site during construction
• complete site grading preparation outside of the active season for the species to avoid potential mortality or harm to individuals
• minimize the removal and disturbance of vegetation and rock barrens outside of development envelopes
• avoid development in Provincially Significant Wetland and areas along the canal
• erect permanent wooden fencing around restoration areas to discourage foot traffic by residents
• microsite selection by a Qualified Professional of trailer footprint locations to minimize disturbance to potential habitat or natural features, while maximizing use of previous footprint locations
• ensure a Qualified Professional determines the microsite footprints for the utility poles
• erect snake-turtle crossing and awareness signs at three locations
• erect species at risk and biodiversity appreciation signs at two locations
• prevent the spread of invasive species in aquatic habitats
• use mulches and other organic stabilizers to minimize erosion until vegetation is established on sensitive soils
• ensure lighting in the development will be dark sky compliant lighting to mitigate impacts to foraging Eastern whip-poor-will

Actions to achieve an overall benefit to the species

The permit requires HH (MB) Limited Partnership to achieve an overall benefit for the species within a reasonable timeframe, including:

• protecting a minimum of 49 hectares of existing habitat around the proposed project for the long-term by granting a conservation easement to an area of private property to the west of the property
• enhancing this area by restricting the use of off-road motorized vehicles on existing trails
• creating new artificial nesting sites for the species within this area
• erecting signage to support outreach and education about the species
• monitoring the effectiveness of the proposed overall benefit actions, including the use/non-use of nesting features
• planting of pollinator friendly species to increase insect abundance for foraging Eastern Whip-poor-will

The actions will result in an overall benefit to the species by:

• securement of habitat for the species for the long term
• enhancement of existing habitat through the creation of new nesting features to increase reproductive success for Blanding’s turtle and Eastern Foxsnake
• reduce a threat to the species survival by reducing motorized access on enhancement lands and reducing speed limits within the development
• planting pollinator friendly species in Eastern Whip-poor-will habitat to increase insect abundance
• increasing public awareness

Other information

Reasonable alternatives were considered, including alternatives that would not adversely affect the species, such as:

• not proceeding with the proposed development
• proceeding with the project but on a smaller scale (fewer trailer sites)
• proceeding with the development

The best alternative involves carrying out the proposed project by proceeding with the expansion and redevelopment of the trailer park as it is the only option that achieves the purpose of the project in a financially viable way while being subject to measures to minimize adverse effects on the species and undertaking beneficial actions.

The ministry has published a government response statement (GRS) under section 12.1 of the Endangered Species Act, 2007 with respect to Blanding's Turtle, Eastern Foxsnake (Georgian Bay Population) and Eastern Whip-poor-will.

The GRS for Blanding’s Turtle is available at: Blanding’s Turtle government response statement | Ontario.ca. Consideration was given to the GRS and permit conditions align with the objectives outlined in the GRS, including:

• encouraging the submission of species at risk data to Ontario’s central repository (Natural Heritage Information Centre (NHIC))
• maintaining or improving the quality of habitat, increasing connectivity, reducing threats and improving recruitment
• promoting or increasing awareness of Blanding’s Turtle
• securement and long-term protection of habitat

The GRS for Eastern Foxsnake (including both Carolinian and Georgian Bay populations) is available at: Eastern Foxsnake government response statement | Ontario.ca.

Consideration was given to the GRS and permit conditions align with the objectives outlined in the GRS, including:

• encouraging the submission of species at risk data to Ontario’s central repository (NHIC)
• promoting or increasing awareness of Eastern Foxsnake
• securement and long-term protection of habitat
• reducing mortality by minimizing human-related threats

The GRS for Eastern Whip-poor-will is available at: Eastern Whip-poor-will government response statement | Ontario.ca. Consideration was given to the GRS and permit conditions align with the objectives outlined in the GRS, including:

• encouraging the submission of species at risk data to Ontario’s central repository (NHIC)
• promoting or increasing awareness of Eastern Whip-poor-will