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

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 three species of snake:

• Butler's Gartersnake
• Eastern Foxsnake (Carolinian population)
• Massasauga (Carolinian population

The permit, if issued, would authorize under the ESA the development of three residential lots in the Town of LaSalle.

The proposed works have the potential to adversely affect Butler's Gartersnake, Eastern Foxsnake, Massasauga and their habitat.

Section 9 of the Endangered Species Act, 2007 protects species that are listed on the Species at Risk in Ontario List as either:

• extirpated
• endangered
• threatened

If a species is endangered or threatened, its habitat also receives protection under section 10 of the Act.

The Minister may issue a permit under clause 17(2)(c) of the Endangered Species Act, 2007 that authorizes a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the Act if:

• an overall benefit to the species will be achieved within a reasonable time through requirements imposed by conditions of the permit
• reasonable alternatives have been considered, including alternatives that would not adversely affect the species, and the best alternative has been adopted
• reasonable steps to minimize adverse 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, 2007 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
• must include more than mitigation measures or “replacing” what is lost

Actions to achieve an overall benefit to species

The private landowner is working to identify proposed actions that would achieve an overall benefit for Butler's Gartersnake, Eastern Foxsnake and Massasauga. These may include:

• protecting approximately 1.0 ha of existing adjacent habitat protected through zoning and designation, as a part of municipal development approvals and used to enhance habitat for the species at risk snakes
• improving existing woodland/thicket habitat through strategic clearing of woody shrubs and small trees within the 1.0ha habitat improvement area,
• planting open habitat areas within the habitat improvement area with seeds/plugs of locally-sourced open habitat grasses and forbs
• installing habitat features for snakes within the habitat improvement area, including eight brush piles, four rock piles and four nesting piles/cribs
• presenting an educational brochure to new homeowners near the development
• installing wildlife guiding features (e.g., fences, armourstone, etc.) along/in the vicinity of Todd Lane to encourage wildlife, including snakes, to cross through the Turkey Creek floodway/riparian area, rather than across Todd Lane

Reasonable alternatives being considered

Reasonable alternatives are being considered, including alternatives that would not adversely affect Butler's Gartersnake, Eastern Foxsnake and Massasauga. These may include:

• no development on portions of subject lands
• full development of subject lands with no tree preservation (6 lot subdivision)
• full development of subject lands with rear-lot tree preservation (4 lot subdivision)
• development of the subject lands with tree preservation (3 lot subdivision)

Actions to minimize adverse effects on the species

Potential approaches to minimizing adverse effects on Butler's Gartersnake, Eastern Foxsnake and Massasauga may include:

• constructing snake exclusion fencing to be maintained during construction of the lots
• maintaining the development area free of any debris that could provide cover for of Eastern Foxsnake, Butler's Gartersnake and Massasauga to avoid attracting individuals to the area
• having a qualified biologist assist the proponent to carry out mitigation activities within the development area, including:
• conducting monitoring and/or reporting of site activities
• providing awareness training regarding Eastern Foxsnake, Butler's Gartersnake and Massasauga to on-site personnel engaged in construction activities
• capturing and relocating Eastern Foxsnake Butler's Gartersnake and Massasauga if found on-site
• installing a permanent fence along northern, eastern and western boundaries of the properties to reduce encroachment into adjacent habitat
• providing new homeowners with educational brochures regarding Eastern Foxsnake Butler's Gartersnake and Massasauga

Other information

A government response statement has not been published under subsection 11(8) of the ESA for Butler's Gartersnake.

A government response statement has been published under subsection 11(8) of the ESA for Eastern Foxsnake and Massasauga and will be considered before a decision is made on whether to issue an overall benefit permit.

Please note that the posting of this proposal 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, 2007 have been satisfied.