Permitting under the Endangered Species Act, 2007

Transcription

1 Permitting under the Endangered Species Act, 2007 April 11, 2013 Megan Bonenfant A/Landscape Planning Biologist MNR Parry Sound District

2 What are Species at Risk? A species at risk (SAR) is any native plant or animal in danger of extinction or of disappearing from Ontario There are four categories of at risk in Ontario: Extirpated: Endangered: Threatened: Special Concern: Native species that no longer exist in the wild in Ontario, but still exists elsewhere (e.g. Timber Rattlesnake) Native species facing extinction or extirpation (e.g. Engelmann s Quillwort) Native species at risk of becoming endangered in Ontario (e.g. Eastern Hog-nosed Snake) Native species that is sensitive to human activities or natural events which may cause it to become endangered or threatened (e.g. Snapping Turtle) 2

3 What are Species at Risk? Committee on the Status of Species at Risk in Ontario (COSSARO) Recognized as independent body that assesses and classifies species at risk Determines status of species based on best available scientific information, including community knowledge and Aboriginal traditional knowledge Species automatically listed in SARO List Regulation within 3 months of Minister s receipt of COSSARO report 3

4 The Endangered Species Act, 2007 (ESA) Overview Protects species and their habitats Contains flexibly tools intended to balance the social and economic well-being of the province with protection Promotes stewardship activities to help protect and recover species at risk Ensures transparency and accountability Snapping turtle ~ special concern 4

5 Protection of Species and Habitat Species Protection ESA prohibits the harming, harassment or killing of specific native species in Ontario It also prohibits the capture, possession, collection, purchase, sale or trade of those species and/or their parts Habitat Protection Damage or destruction to the habitat of specific endangered and threatened species is also prohibited Two types of habitat protection under the ESA (general and regulated) only one applies at any given time Massasauga Threatened 5

6 Habitat Protection Details 6 A.General Habitat General habitat is automatically protected for newly listed endangered or threatened species on the SARO list and for species that had regulated protection under the previous ESA All listed E &T species will receive General Habitat protection after June 30, 2013 The ESA defines general habitat as the areas that a species currently depends on, including dens, nests, wetlands, forests, and other areas essential for breeding, rearing, feeding, hibernation and migration Whip-poor-will Threatened

7 Habitat Protection Details B. Habitat Regulation A species-specific habitat regulation is the legal description of a species habitat, and once created, replaces general habitat protection Provides greater certainty of what is meant by a species habitat May describe features of an area (e.g. a creek, cliff, or beach) or geographic boundaries For species listed after June 30 th, 2008, habitat regulations will need to be identified within 2 years for endangered species, and 3 years for threatened species 7 Spotted Turtle Endangered

8 ESA Application of the ESA ESA is a law of General Application, therefore the Act is binding on everyone e.g. individuals, corporations, businesses, municipal and provincial governments. Applies on private and public lands Blanding s Turtle Threatened 8

9 ESA Permits Issued to allow activities to occur that would otherwise contravene the ESA. Four types of permits can be issued dependent on meeting certain criteria: A B Title Human Health or Safety Permit Protection or Recovery Permit Description For activities necessary for the protection of human health or safety For activities that help protect or recover a species C Overall Benefit Permit For activities where the main purpose is not protection or recovery, but an overall benefit for the species is provided 9 D Significant Social or Economic Benefit to Ontario Permit For activities where the main purpose is not protection or recovery, but significant social or economic benefit to Ontario is provided

10 When is an ESA permit required? 1. Is a species at risk on the proposed project site? Is there protected habitat present? 2. Would the proposed activities harm/harass the species or damage/destroy the protected habitat? 3. Could the activities be modified to avoid harming/harassing the species or damaging/destroying the habitat? Note: A species at risk occurrence does not always require a permit. A permit is only required if the operation will have an adverse impact on a species at risk or its habitat. Adverse impacts on species at risk may be avoided by conducting activities at a different time or avoiding specific areas. 10

11 ESA Permitting Process Screening Project and Assessing Impacts 11 Project is screened to determine if the proposed project will impact Species at Risk (SAR) or its habitat SAR or habitat could be adjacent to a proposed project site and screening needs to look beyond project site boundaries Review occurrence information to confirm that SAR/habitat is likely present Will the proposed project harm, harass, kill, etc the species (violation of section 9 of the ESA)? Will the proposed project damage or destroy habitat (violate section 10 of the ESA)? Can the proposed project be modified to avoid all impacts to the SAR or its habitat? If so, the project would not need an ESA permit for SAR avoidance of impacts on species and/or their habitats is preferred If there would be an impact, then a permit would be required Activities outside of SAR habitat may require a permit (e.g. impacts created by storm water effluent) 11

12 12 ESA Permitting Process (Technical) Information Requirements for Project Screening MNR (District) Information Requirements: Project Location Design Drawings Project timing Key Messages: Engage with MNR as early as possible in the project planning process Projects are assessed on a case by case basis for impacts Permitting may be considered at different levels (e.g., at a subwatershed/watershed level) Avoidance of impacts on the species and their habitat is the preferred approach for long-term protection 12

13 ESA Permitting Process 13 Branched Bartonia Threatened 13

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15 ESA Permitting Process 15

16 ESA Permitting Process Three main tests of an overall benefit permit: 1. Reasonable alternatives considered; best alternative selected 2. Reasonable steps taken to avoid or minimize adverse effects on species and/or their habitat 3. Overall benefit to the species will be achieved through conditions of the permit In addition, the government response to the recovery strategy must be considered Consider EA obligations 16 16

17 ESA Permitting Process Overall Benefit Overall benefit can be interpreted, but not limited to include: An increase in the number of individuals of the species An increase in extent of the species Improved condition of existing populations An increase in the protection, quality and extent of a species habitat Beneficial activities (such as reducing threats, monitoring, research, education and outreach) that alone do not result in any of the above benefits may contribute to an overall benefit plan for the species 17

18 ESA Permitting Process Visualizing Overall Benefit Improved Projected state with overall benefit State of Species Current State Projected state if unmitigated Projected state with avoidance, mitigation Overall Benefit Avoidance, Mitigation Permit Requirements 18 Worsened

19 Parry Sound District MNR SAR Contacts Jeremy Rouse, SAR Biologist ; Megan Bonenfant, A/Landscape Planning Biologist ; Forms submissions: 19

20 Questions? 20