Private Landowner - Permit for activities to achieve an overall benefit to a species

Rationale for exemption to public comment

This notice is exempted by Ontario Regulation 681/94 under the Environmental Bill of Rights as a classified proposal for an instrument, because the species for which the permit is sought are animals.

The Ministry of the Environment, Conservation and Parks is voluntarily posting this notice to advise the public of the notice and to invite the public to submit written comments to the contact person identified in this notice.

Description

A Private Landowner has submitted a proposal in relation to an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 with respect to Eastern Foxsnake (Carolinian Population) and Blanding’s Turtle and their habitat in order to develop a single family residence and associated infrastructure in the hamlet of Lighthouse Cove, Town of Lakeshore, County of Essex, Ontario.

Purpose of the notice

The purpose of this notice is to ensure that the public is made aware of, and given an opportunity to comment on, the overall benefit permit proposal to develop a single family residence and associated infrastructure in the hamlet of Lighthouse Cove, Town of Lakeshore, County of Essex, Ontario.

The proposed permit would be issued under clause 17(2)(c) of the Endangered Species Act.

Other information

The proposed works to develop a single family residence and associated infrastructure in the Town of Lakeshore, Ontario has the potential to adversely affect Eastern Foxsnake (Carolinian Population) and Blanding’s Turtle and their habitat.

Eastern Foxsnake (Carolinian population) is listed on the Species at Risk in Ontario List, in Ontario Regulation 230/08 of the Endangered Species Act as endangered. Blanding’s Turtle is listed on the Species at Risk in Ontario List as threatened.

Subsection 9(1) of the Endangered Species Act provides for the protection of endangered, threatened (and extirpated) species on the Species at Risk in Ontario List.

Habitat protection under subsection 10(1) of the Endangered Species Act applies to Blanding’s Turtle.

Habitat protection under subsection 10(1) of the Endangered Species Act also applies Eastern Foxsnake and the specific habitat of Eastern Foxsnake (Carolinian population) has been prescribed by Ontario Regulation 242/08, under subsection 24.3.

The Minister may issue a permit under clause 17(2)(c) of the Endangered Species Act that authorizes a person to engage in an activity that would otherwise be prohibited by section 9 or 10 of the Endangered Species Act if the Minister is of the opinion that:

1. an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit
2. reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted; and,
3. reasonable steps to minimize negative effects on individual members of the species are required by conditions of the permit.

Providing an overall benefit to a protected species under the Endangered Species Act involves undertaking actions to improve circumstances for the species in Ontario. Overall benefit is more than “no net loss” or an exchange of “like for like”. Overall benefit is grounded in the protection and recovery of the species at risk and must include more than mitigation measures or “replacing” what is lost.

Reasonable alternatives are being considered, including ones that would not adversely affect Eastern Foxsnake and Blanding’s Turtle, and may include:

• Not developing the subject lands;
• Develop the entire subject lands with dwelling, infrastructure and maintained lawn;
• Using alternative methods and design to carry out the development such reducing the development footprint with on-site habitat enhancement, primarily non-native and invasive species control; and
• Using alternative methods and design to carry out the development such as reducing the development footprint with on-site and off-site habitat enhancement activities.

Potential approaches to minimize adverse effects on individual members of Eastern Foxsnake and Blanding’s Turtle may include:

• Construction activities will follow general mitigations, described in an approved plan, to avoid accidental impacts to both species;
• Undertaking awareness training for employees to familiarize staff with both species and their habitat prior to beginning work on the site;
• Maintaining grass and forb (wildflower) vegetation where possible during the inactive season for reptiles;
• Mowing vegetation in a manner to allow the species to leave the area, should it be encountered;
• Using barrier or fencing to exclude the species from the construction area and restrict machinery access to the remaining portion of the site;
• Maintaining a minimum 30 metre distance from the species, if encountered, until it has left the area;
• Retaining a qualified professional to implement conditions within the permit (example attending to incidental encounters of the species, performing targeted salvage and relocation if required, transporting to care if injured, etc.); and
• Erecting a sign along the road adjacent to the development site alerting users to the presence of the species and to avoid unintentional impacts.

Potential approaches to achieve an overall benefit for Eastern Foxsnake and Blanding’s Turtle may include:

• Controlling 1.85 hectares of existing invasive Phragmites reed grass to improve terrestrial travel through the site and expand nesting habitat, as Phragmites roots interfere with nesting activities, which will improve life history outcomes and recruitment;
• Improving the same 1.85 hectares of existing cultural meadow habitat to native grassland habitat, following initial control of existing invasive plant species, to increase habitat quality; and
• Providing for the long-term protection of the above 1.85 hectares of existing cultural meadow habitat that will be restored to native grassland habitat to continue to protect and further improve habitat (example conservation easement or covenant, or comparable method).

Eastern Foxsnake

• Creating habitat features such as four (4) brush piles, two (2) rock piles and two (2) nesting piles to create additional basking, foraging and nesting habitat to support better life-history outcomes for resident snakes and additional reproduction.

Blanding’s Turtle

• Creating one (1) turtle nesting area with suitable material to provide additional reproduction opportunities leading to additional population recruitment.

A Government Response Statement published under subsection 11(8) of the Endangered Species Act exists for Eastern Foxsnake (Carolinian population), and will be considered before a decision is made whether or not to issue a permit. A Government Response Statement does not currently exist for Blanding’s Turtle.

Please note that the posting of this on the Environmental Registry does not imply that a permit will be approved; a permit may only be issued where the legal requirements set out in clause 17(2)(c) of the Endangered Species Act have been satisfied.

The following web-links provide additional information.

Ministry of Natural Resources and Forestry’s Species at Risk website
https://www.ontario.ca/page/species-risk

Endangered Species Act, 2007
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_07e06_e.htm  

Species at Risk in Ontario List, Ontario Regulation 230/08
http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_080230_e.htm

General regulations and species-specific habitat regulations under the Endangered Species Act, Ontario Regulation 242/08
http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_080242_e.htm