Endangered Species Act,

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Endangered Species Act, 2007 101 2017 Ontario West Municipal Conference Friday,

1 Endangered Species Act, Ontario West Municipal Conference Friday, November 24 th, 2017 Kathryn Markham, Management Biologist Aylmer District, MNRF

2 Overview The Endangered Species Act, 2007 Species at risk (SAR) Species and habitat protection ESA, the Provincial Policy Statement and municipal planning Authorizations Modernization of Approvals Engaging MNRF Common Five-lined Skink Carolinian population (END)

3 Endangered Species Act, 2007 (ESA 2007) ESA 2007 came into force on June 30 th, 2008 Protects endangered and threatened species at risk (SAR) and their habitats Purposes of the Act: 1. Identify species at risk based on best available scientific information, including information obtained from community knowledge and Aboriginal traditional knowledge 2. To protect species that are at risk and their habitats, and to promote the recovery of species that are at risk 3. To promote stewardship activities to assist in the protection and recovery of species that are at risk

Species at Risk (SAR) Species at risk = any native

disappearing from Ontario 4 statuses of SAR:

longer exists in the wild in Ontario (e.g. Karner

4 Species at Risk (SAR) Species at risk = any native plant or animal in danger of extinction or of disappearing from Ontario 4 statuses of SAR: Extirpated Threatened Endangered Special Concern No longer exists in the wild in Ontario (e.g. Karner Blue) Facing extinction or extirpation (e.g. Bluehearts) At risk of becoming endangered (e.g. Dwarf Hackberry) Sensitive to human activities & natural events (e.g. Snapping Turtle)

Application of the ESA 2007 The ESA 2007 is a law of general application, which means: Binding on everyone (i.e. landowners, corporations, municipal and provincial governments) Applies to both private and public lands Applies all the time (i.

5 Application of the ESA 2007 The ESA 2007 is a law of general application, which means: Binding on everyone (i.e. landowners, corporations, municipal and provincial governments) Applies to both private and public lands Applies all the time (i.e. regardless of approvals under other legislation) MNRF has the only approval authority under the ESA 2007 American Badger SW Ontario population (END)

6 Protection under the ESA 2007 Species Protection (section 9) No person shall, (a) kill, harm, harass, capture or take a living member of a species that is listed on the SARO List as an extirpated, endangered or threatened species; (b) possess, transport, collect, buy, sell, lease, trade or offer to buy, sell, lease or trade, i. A living or dead member of a species that is listed as extirpated, endangered or threatened species, ii. iii. Any part of a living or dead member of a species referred to in subclause (i), Anything derived from a living or dead member of a species referred to in subclause (i). Policy Guidance on Harm and Harass under the Endangered Species Act available online at

Protection under the ESA 2007 Habitat Protection (section 10) Prohibits damaging or destroying habitat of endangered or threatened species Protected habitat is either based on the

with general habitat protection Habitat regulation summaries exist for some species with regulated habitat protection **note that all END and THR species receive habitat protection

7 Protection under the ESA 2007 Habitat Protection (section 10) Prohibits damaging or destroying habitat of endangered or threatened species Protected habitat is either based on the general definition (General Habitat Protection) in the Act or prescribed through a regulation (Regulated Habitat Protection) General habitat descriptions exist for some species with general habitat protection Habitat regulation summaries exist for some species with regulated habitat protection **note that all END and THR species receive habitat protection Categorizing and Protecting Habitat under the Endangered Species Act available online at ng-and-protecting-habitat-underendangered-species-act

8 ESA 2007 and Provincial Policy Statement The Provincial Policy Statement, 2014 (PPS) states: Development and site alteration shall not be permitted in habitat of endangered species and threatened species, except in accordance with provincial and federal requirements. Provincial requirements = ESA 2007 requirements E and T species habitat (PPS) = protected habitat under the ESA 2007 (either regulated or general) ESA 2007 can authorize activities that will damage or destroy END or THR species habitat

9 ESA 2007 and Municipal Planning ESA 2007 is a law of general application that is binding on everyone (i.e. landowners, corporations, municipal and provincial governments) Applies to both private and public lands, regardless of approvals under other legislation Proponent-led MNRF provides technical advice and approves habitat for END and THR species for the purposes of the PPS MNRF also works closely with the planning authority and MMA to help achieve coordination of the ESA 2007

10 Ministry of Natural Resources & and Forestry Forestry Roles & Responsibilities Proponent ESA 2007 is a proponent-led process Must submit sufficient information to the approval authority Responsibility to ensure due diligence under the ESA 2007 Approval Authority Makes decision consistent with section of PPS 2014 Can request additional information from proponent Can request technical advice from Province MNRF (Province) Provides advice on: - Species/ habitat presence - Avoidance - Potential impacts to species/habitat - Potential contravention Can authorize a contravention (through permit or registry)

11 & Forestry Ministry of Natural Resources and Forestry What to look for The proponent has provided sufficient rationale that: no E & T habitat occur on or adjacent to the property; or, avoidance measures will result in no contravention of the ESA 2007; or, avoidance cannot be achieved and the proponent is able to outline the impacts of the proposed development and site alteration on E + T habitat, and how the project will comply with the ESA 2007 (and/or SARA, if applicable).

Letter to Proponent) to avoid impacts to: Habitat Species Known impacts

12 & Forestry Ministry of Natural Resources and Forestry Endangered Species Act - Spectrum Low likelihood of impacts to: Habitat Species MNRF advice (in Letter to Proponent) to avoid impacts to: Habitat Species Known impacts (including mitigation) Register Permit MNRF is responsible for implementing the ESA 2007

13 Potential Responses from MNRF Information Requests: Provide a list of species/confirm list of species Indicate high or low potential for SAR and/or habitats Intended to inform fieldwork and impact assessments in Environmental Impact Studies Project Screenings: Review documents provided and determine if contravention is LIKELY to occur or NOT LIKELY to occur * The County is looking to confirm that section of the PPS 2014 has been addressed.

14 Authorizations Authorizations provide flexibility to allow activities to occur that might otherwise be prohibited Agreements (e.g. stewardship) 9(5) Transfers (i.e. scientific, educational, or ceremonial purposes) Permits under Section 17 of the ESA 2007: 17(2)(a) = Human health and safety 17(2)(b) = Protection or recovery of the species 17(2)(c) = Purpose isn t protection or recovery (i.e. overall benefit) 17(2)(d) = Social or economic benefit to Ontario Spiny Softshell (END)

15 State of species at risk Ministry of Natural Resources and Forestry 17(2)c ESA Permit - Overall Benefit Projected state with overall benefit actions Overall benefit Current state Projected state with steps to minimize adverse effects Minimization of adverse effects Completion of all permit conditions Projected state without steps to minimize adverse effects 15

adverse effects of the activity on SAR Creating and following a mitigation plan Monitoring and reporting on the effectiveness of mitigation

16 Modernization of Approvals Project (MAP) Regulatory provisions under the ESA 2007 came into force on July 1 st, 2013 Proponent responsible for determining eligibility before registering activity online Specific conditions must be met for each exemption, including Measures to minimize adverse effects of the activity on SAR Creating and following a mitigation plan Monitoring and reporting on the effectiveness of mitigation measures Specific rules and species exclusions unique to each regulation See Ontario Regulation 242/08 Fowler s Toad (END) Eastern Foxsnake Carolinian population (END)

17 ESA 2007 Regulatory Provisions Elimination (0) Rules in Regulation (2) Registration (17) Wood Poppy (END) Administrative Efficiencies 1. Commercial Cultivation of Vascular Plants Transition for Activities Already Approved or Planned 2. Crown Forest Operations Transition for Activities Already Approved or Planned 1. Newly Listed and Transition Species - Development Operations 2. Waterpower Facilities 3. Aggregate Pits/Quarries 4. Drainage Infrastructure 5. Wind Facilities 6. Early Mineral Exploration Streamlined Approaches for New Activities to Benefit Species 7. Activities to Protect or Recover Species at Risk 8. Protection, Maintenance, Enhancement or Restoration of Ecosystems Standard Approaches to Benefit SAR 9. Butternut 10. Specific Aquatic Species 11. Bobolink and Eastern Meadowlark 12. Chimney Swift; 13. Barn Swallow 14. Safe Harbour Administrative Efficiencies Other 15. Incidental Trapping 17. Human Health and Safety 16. Possession of SAR

ESA 2007 Registry Examples 1) Barn Swallow can remove or alter structure if construct structure with nest cups within 1 km of site 2) Butternut can kill up to 10 retainable trees if plant replacement

18 ESA 2007 Registry Examples 1) Barn Swallow can remove or alter structure if construct structure with nest cups within 1 km of site 2) Butternut can kill up to 10 retainable trees if plant replacement seedlings within 3 years in suitable habitat 3) Drainage can maintain or improve existing drains if follow prepared mitigation plan Must work with district for new drainage projects 4) Transition Regulation development projects exempt for species that received general habitat protection on June 30 th, 2013, or species that are newly listed Only exempts section 10, so must work with district for section 9 impacts (i.e. SAR plants) Dense Blazing Star (THR)

Prior to Engaging MNRF Engaging MNRF Proponents are expected to consult: Make a Map / NHIC / Biodiversity Explorer / LIO Datasets / DFO Data Species at Risk in Ontario (SARO) List When to Engage MNRF

19 Prior to Engaging MNRF Engaging MNRF Proponents are expected to consult: Make a Map / NHIC / Biodiversity Explorer / LIO Datasets / DFO Data Species at Risk in Ontario (SARO) List When to Engage MNRF When it is anticipated that a project may impact SAR species and/or their habitat OR if there is uncertainty if the project will impact SAR species and/or their habitat How to Engage MNRF Planning Act Applications/ Environmental Assessment/ Aggregates MMAH / MNRF District Planner All other Municipal Activities (i.e. Building, Construction, Roads, Drainage, etc.) ESA specific s (e.g. ESA.Aylmer@ontario.ca) **Recommend engaging MNRF as early as possible Butternut (END)

Learn More MNRF 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.

20 Learn More MNRF s species at risk website Endangered Species Act, Ontario Regulation 242/08 Species at Risk in Ontario List Least Bittern (THR)

21 Questions? Thank you! Blanding s Turtle (THR)

The Ministry of Natural Resources and Forestry and Municipal Planning Lake Links

The Ministry of Natural Resources and Forestry and Municipal Planning Lake Links October 21, 2017 Lyn Garrah District Planner MNRF 1 Kemptville Presentation Outline Ontario s Planning System MNRF s role