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

A private landowner (the proponent) is seeking an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) to construct a single residential home in Lambton Shores, Ontario.

The proposed activities may adversely impact:

• Dwarf Hackberry
• Eastern Hog-nosed Snake.

The proposed activities may adversely impact:

• two Dwarf Hackberry individuals
• 0.11 hectares of Dwarf Hackberry habitat
• 0.14 hectares of Eastern Hog-nosed Snake habitat

The main threats to Dwarf Hackberry are aggregate extraction, development, logging and altered disturbance regimes (e.g. fire frequency, coastal processes, wind, disease) that normally limit habitat succession by plants that will shade out this sun-loving species.

The most significant threats to the Eastern Hog-nosed Snake are:

• habitat loss and fragmentation
• persecution by people

Protecting species under the Endangered Species Act

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

Ontario protects species at risk and their habitats under the Endangered Species Act, 2007 (ESA). Sections 9 and 10 of the Act provide protection for individual members of a species and their habitat if that species is listed on the Species at Risk in Ontario list as either:

• extirpated
• endangered
• threatened

Both Dwarf Hackberry and Eastern Hog-nosed Snake are listed on the Species at Risk in Ontario list, under O. Reg. 230/08 of the ESA as Threatened.

Under clause 17(2)(c) of the ESA, the Minister may issue a permit authorizing a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the Act if the minister is of the opinion that:

• an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit
• reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted
• 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 ESA means improving circumstances for the species in Ontario. Overall benefit is:

• more than "no net loss" or an exchange of "like for like"
• grounded in the protection and recovery of the species at risk
• more than mitigation measures or "replacing" what is lost

Actions to achieve an overall benefit to species

The proponent is working to identify proposed actions that would achieve an overall benefit for Dwarf Hackberry and Eastern Hog-nosed Snake. These may involve:

• planting 10 new Dwarf Hackberry within the subject lands outside of the development area
• monitoring and tending to the existing Dwarf Hackberry and newly planted individuals for five years
• enhancing 0.1 hectares of existing Eastern Hog-nosed Snake habitat by removing invasive species (mainly Buckthorn species)
• creating four brush piles to provide basking and foraging habitat for Eastern Hog-nosed Snake
• creating and distributing education brochures to neighbouring properties on how to identify and minimize impacts to Dwarf Hackberry and Eastern Hog-nosed Snake

Reasonable alternatives being considered

The proponent has explored alternatives, including alternatives that would not adversely affect Dwarf Hackberry and Eastern Hog-nosed Snake. These include:

• not proceeding with the proposed development
• proceeding with a development layout that impacts a greater number of Dwarf Hackberry individuals and impacts a greater amount of Dwarf Hackberry and Eastern Hog-nosed Snake habitat
• proceeding with a development layout that minimizes the amount of adverse impact to both species

The proponent has concluded that the best alternative involves proceeding with a development layout that minimizes the amount of adverse impacts to both species.

This preferred alternative strikes a balance between achieving the objective of constructing a new residential home and limiting the adverse effects to Dwarf Hackberry and Eastern Hog-nosed Snake.

Actions to minimize adverse effects on the species

The proponent is seeking ways to minimize adverse effects on Dwarf Hackberry and Eastern Hog-nosed Snake. These may include:

• minimizing the construction footprint where possible
• conducting contractor awareness training before starting work on the site
• transplanting all Dwarf Hackberry trees overlapping the proposed project footprint (two individuals) to an area outside of the development impact area but within the subject lands
• clearly marking the two Dwarf Hackberry trees to be transplanted as well as installing tree protection fencing to prevent impacts to the other four Dwarf Hackberry trees at the site
• transplanting Dwarf Hackberry trees when roots are dormant to reduce stress on transplanted trees
• transplanting Dwarf Hackberry trees using only handheld tools to minimize disturbance
• actively managing vegetation (e.g. hand-pulling, mechanical removal) within 60 centimetres of transplanted Dwarf Hackberry to ensure success of transplants
• installing temporary wildlife exclusion fencing to prevent Eastern Hog-nosed Snakes from gaining access to the construction area
• conducting all vegetation clearing outside of the active period for Eastern Hog-nosed Snake to minimize the likelihood of encountering snakes during construction
• using a Qualified Professional to oversee and undertake important aspects of the project
• monitoring mitigation measures to ensure they are effective

Other information

The Province has published a government response statement under section 12.1 of the Endangered Species Act, 2007 with respect to Dwarf Hackberry and Eastern Hog-nosed Snake.

A copy of the government response statement for Dwarf Hackberry is available at: https://www.ontario.ca/page/common-hoptree-and-dwarf-hackberry-government-response-statement.

A copy of the government response statement for Eastern Hog-nosed Snake is available at: https://www.ontario.ca/page/eastern-hog-nosed-snake-government-response-statement.

These response statements will be considered in:

• determining whether or not to approve the permit
• developing any future permit conditions

Posting this proposal on the Environmental Registry does not imply that the Minister will issue a permit. A permit may only be issued where the legal requirements set out in clause 17(2)(c) of the ESA have been satisfied.