An individual landowner (C/O Paula Lombardi) - Permit for activities to achieve an overall benefit to a species

Description of instrument

An individual landowner has submitted an application for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 concerning Eastern Foxsnake (Carolinian population) and Blanding’s Turtle and their habitat in order to convert a managed wetland into agricultural land in Dover Centre, Chatham-Kent County.

Other information

• the proposal to convert a managed wetland into agricultural land has the potential to adversely affect Eastern Foxsnake (Carolinian population), Blanding’s Turtle and their habitats
• Eastern Foxsnake (Carolinian population) is listed on the Species at Risk in Ontario List, under Ontario Regulation 230/08 of the ESA, as endangered
• habitat protection under subsection 10(1) of the ESA applies to both Eastern Foxsnake (Carolinian population) and Blanding’s Turtle
• the specific habitat of Eastern Foxsnake (Carolinian population) has been prescribed by Ontario Regulation 242/08.
• The Minister may issue a permit under clause 17(2)(c) of the ESA that authorizes a person to engage in an activity that would otherwise be prohibited by section 9 or 10 of the ESA 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 ESA 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 (Carolinian population), and may include
  • not proceeding with the project
  • proceeding with the project, but modifying the project footprint
• potential approaches to minimize adverse effects on Eastern Foxsnake (Carolinian population) and Blanding’s Turtle may include
  • conducting site alteration and construction activities outside of breeding/active seasons
  • educating all on-site personnel on species at risk identification and proper techniques for encounters with individuals
  • inspecting work areas and equipment daily prior to commencing work to ensure no species are present and in harm’s way
  • relocating all individuals that are encountered within the site to a safe location in accordance with SAR safe handling protocol before any construction activities occur
• potential approaches to achieve an overall benefit for Eastern Foxsnake (Carolinian population) and Blanding’s Turtle may include
  • maintaining 89 hectares of managed wetland at a nearby property as habitat for Blanding’s Turtle and Eastern Foxsnake (Carolinian Population) including maintaining water levels suitable for Blanding’s Turtle
  • enhancing a portion of the abovementioned area to provide habitat conditions preferred by the Eastern Foxsnake and Blanding’s Turtle including the creation of key habitat features for the species (i.e. sites for thermoregulation, nesting and hibernation) within the 89 hectare managed wetland
• a Government Response Statement published under subsection 11(8) of the ESA exists for Eastern Foxsnake (Carolinian population), and will be considered before a decision is made whether or not to issue a permit
• please note that the posting of this proposal on the Environmental Registry does not imply that a permit will be approved; an overall benefit permit may only be issued where the legal requirements set out in clause 17(2)(c) of the ESA have been satisfied