The Town of Amherstburg - Permit for activities to achieve an overall benefit to a species

The Town of Amherstburg is seeking an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) for drain repair and improvements to Bondy Bastien Drain in the Town of Amherstburg which is occupied by Pugnose Minnow.

The proposal may adversely impact:

• Pugnose Minnow individuals
• approximately 2829 m² of Pugnose Minnow habitat

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 ESA.

Sections 9 and 10 of the ESA provides 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

Pugnose Minnow is listed on the Species at Risk in Ontario List as threatened and is therefore protected.

Under clause 17(2)(c) of the ESA, the Minister of the Environment, Conservation and Parks may issue a permit authorizing a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the ESA if the minister believes 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 involves 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 the species

The Town of Amherstburg is working to identify actions that would achieve an overall benefit for Pugnose Minnow. These may involve:

• improving habitat quality by:
  • reducing the growth of invasive species, such as common reed, around the drain
  • improving flow conditions and fish passage by realigning, removing and restoring drains, culverts and bridge crossings, resulting in improved habitat availability for Pugnose Minnow
  • adding foreshore areas creating overhanging channel cover and shelter
  • adding three groupings of eddy rocks along the length of the new channel to improve habitat structure, enhance water quality and provide spawning habitat
  • adding three riffles and refuge pools providing refuge during times of low flow

These proposed actions are expected to achieve overall benefits for Pugnose Minnow, resulting in:

• improving existing drainage and water quality
• improving habitat suitability and increasing habitat availability for the species

Reasonable alternatives being considered

The Town of Amherstburg has explored a range of alternatives, including alternatives that would not adversely affect Pugnose Minnow and its habitat. These include:

• not proceeding with Bondy Bastien Drain repair and improvements
• proceeding with Bondy Bastien Drain repair and improvements Bastien Drain without mitigation or compensation
• proceeding with Bondy Bastien Drain repair and improvements including mitigation and compensation

The Town of Amherstburg has concluded that the best alternative is to proceed with Bondy Bastien Drain repair and improvements while incorporating appropriate mitigation and compensation for the species and its habitat. They identified this as the design alternative that meets the Town of Amherstburg’s drain standards while limiting the adverse effects to Pugnose Minnow and its habitat.

Actions to minimize negative effects to the species

The Town of Amherstburg is seeking ways to minimize adverse effects on Pugnose Minnow and its habitat. These may include:

• installing erosion and sediment control fencing before beginning work and maintaining the fence until disturbed areas have been effectively stabilized
• working during the appropriate timing window to avoid sensitive life stages for Pugnose Minnow
• undertaking a fish salvage where feasible according the physical characteristics of the drain
• minimizing the disturbed areas to those only required by the project
• ensuring materials and equipment are operated and stored in a way that prevents harmful substances from entering the watercourse
• ensuring machinery arrives on site in a clean condition and is well maintained
• taking all reasonable steps necessary to ensure that no sediment enters the watercourses at any time
• ensuring that on site staff receives species awareness training before starting work on the site

Other information

A government response statement under subsection 12.1 of the Endangered Species Act is not available for Pugnose Minnow.

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 Act, have been satisfied.