The province has posted on-line notice that it is planning to revamp its Species at Risk regulations. They have an impact on farmland and crops management.
One proposal is to shorten the timeframe from 20 to 10 years such that any part of a stream or other watercourse that was used by Redside Dace at any time during the previous 10 years would be considered to be ‘occupied’ habitat under the regulation
Proposed amendmants focus habitat protections on areas that have a high likelihood of supporting Redside Dace or have a high likelihood of contributing to the species’ recovery. All areas currently occupied by the species will remain protected.
Since April, 2022, the Species at Risk Conservation Fund (Fund) has provided an alternative way for beneficial actions to be undertaken (the “Fund option”) for designated conservation fund species.
Instead of requiring individual proponents to complete beneficial actions for impacted species, proponents can pay a species conservation charge to the Fund. The Fund is administered by the Species Conservation Action Agency (Agency), which funds strategic, large-scale, and coordinated actions led by species conservation experts to support more positive outcomes for the long-term interests of conservation fund species. It is important to note that regardless of the options chosen, proponents are still required to take action to minimize impacts on species at risk and their habitats.
Following implementation of the Fund option, there has been a change in the classification status of one conservation fund species, Barn Swallow, from threatened to special concern, by the independent committee that is responsible for assessing and classifying species at risk in Ontario.
With this change, the species:
- is no longer protected by the prohibitions in sections 9 and 10 of the ESA
- no longer qualifies as a conservation fund species nor is its existing conditional exemption applicable
We have also had an opportunity to consider the conditional exemptions for conservation fund species, particularly for Butternut, to assess whether the existing requirements continue to be appropriate.
The following species were listed as threatened or endangered on the SARO List on January 25, 2023 to reflect the species classifications in the COSSARO's Report submitted to the Minister in January 2022:
Davis's Shieldback (insect) – threatened
Lake Chubsucker (fish) – endangered (previously listed as threatened)
Lesser Yellowlegs (bird) – threatened
Purple Wartyback (mollusc) – threatened
Red Knot - Tierra del Fuego / Patagonia wintering population (bird) – endangered
Red Knot - Southeastern USA / Gulf of Mexico / Caribbean wintering population (bird) – endangered
Rapids Clubtail (insect) – threatened (previously listed as endangered)
Reversed Haploa Moth (insect) – threatened
Short-eared Owl (bird) – threatened (previously listed as special concern)
Striped Whitelip (mollusc) – endangered
Suckley's Cuckoo Bumble Bee (insect) – endangered
Western Silvery Aster (plant) – threatened (previously listed as endangered)
We are proposing to make exemptions under O. Reg. 242/08 available to proponents (as applicable) to the species noted above.
We are proposing that all relevant provisions of the regulation would apply to each of the above species with the following exceptions:
Lake Chubsucker (fish) – endangered
All relevant provisions of the regulation would apply, except:
Section 23.4 – Aquatic species
Section 23.18 – Threats to health and safety, not imminent
Davis’s Shieldback (insect) – threatened
All relevant provisions of the regulation would apply, except:
Section 23.13 – Transition – activity ongoing when prohibitions first apply
Section 23.18 – Threats to health and safety, not imminent.
Reversed Haploa Moth (insect) – threatened
All relevant provisions of the regulation would apply, except:
Section 23.13 – Transition – activity ongoing when prohibitions first apply
Section 23.18 – Threats to health and safety, not imminent
Suckley’s Cuckoo Bumble Bee (insect) – endangered
All relevant provisions of the regulation would apply, except:
Section 23.13 - Transition – activity ongoing when prohibitions first apply
Section 23.18 - Threats to health and safety, not imminent
Striped Whitelip (mollusc) – endangered
All relevant provisions of the regulation would apply, except:
Section 23.13 - Transition – activity ongoing when prohibitions first apply
Section 23.18 - Threats to health and safety, not imminent
There are a series of proposed changes for mining-industry trails.
The following species are protected during construction projects
Mitigation: Avoid known or potential high-use areas (nursery areas, winter use areas, travel corridors), limit sensory disturbances.
Mitigation: Avoid known den sites, limit sensory disturbances, elimination of food attractants, ensure construction and re-opening of trails occurs outside the denning season (i.e., Jan. 15 to May 31).
Birds (e.g., Bank Swallow, Lesser Yellowlegs, American White Pelican, Hudsonian Godwit, Eastern Whip-poor-will, Red-headed Woodpecker, King Rail, Least Bittern, Red Knot Rufa (all subspecies), Short-eared Owl, etc.)
Mitigation: Minimize footprint and sensory disturbances, do not construct or re-open trails during nesting periods of species known to be in the area, cease activities if species enter the exploration site, and allow reasonable time for species to leave the site before the continuance of exploration activities.
Reptiles (e.g., Blanding's Turtle, Eastern Hog-nosed Snake, Eastern Foxsnake (Georgian Bay population), Massasauga (Great Lakes – St. Lawrence Population))
Mitigation: Avoid known breeding sites or hibernacula, use of timing windows to avoid construction during critical life stages, cease activities if species enter the exploration site, and allow reasonable time for species to leave the site before the continuance of exploration activities, use of appropriate exclusion fencing.
Bats (e.g., Eastern Small-footed Myotis, Little Brown Myotis, Northern Myotis, Tri-colored Bat)
Mitigation: Avoid known breeding sites or hibernacula, minimize sensory disturbances, use of timing windows to avoid construction during critical life stages, cease activities if species encounter the exploration site, and allow reasonable time for species to leave the site before the continuance of exploration activities.
Other mammals (e.g., Gray Fox, Polar Bear)
Mitigation: Avoid known breeding or denning sites, limit sensory disturbances, use of timing windows to avoid construction during critical life stages, cease activities if species encounter the exploration site, and allow reasonable time for species to leave the site before the continuance of exploration activities.
Plants (e.g., Vascular Plants, Mosses, Lichens)
Mitigation: Avoid the removal of individuals where possible, avoid or limit impacts to habitat where possible.
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