Subject: Feedback on…

Subject: Feedback on Proposed Amendments to Ontario Regulation 242/08 under the ESA (ERO 019-9411)

I appreciate the opportunity to provide feedback on the proposed amendments to Ontario Regulation 242/08 under the Endangered Species Act, 2007 (ESA). While I understand the intention to balance economic and environmental considerations, the draft amendments contain significant weaknesses that could undermine the protection of newly listed endangered and threatened species. Below, I outline these concerns and suggest changes to strengthen the draft.

1. Weaknesses in Conditional Exemptions

The extension of conditional exemptions to newly listed species, including the Northern Oak Hairstreak, Pumpkin Ash, and Skillet Clubtail, risks providing insufficient safeguards. Standardized conditions, while administratively efficient, fail to account for site-specific ecological variables. This could result in the inadvertent destruction of critical habitats or harm to species populations.

Proposed Changes:

Require site-specific ecological assessments for activities affecting newly listed species, even when conditional exemptions are applied. Develop and enforce species-specific best practices tailored to the habitat needs of each species. Mandate regular monitoring and reporting to evaluate the effectiveness of the conditions and adapt them if necessary. 2. Insufficient Protections for Bats Affected by Wind Facilities

The proposed updates to operational conditions for wind facilities affecting the Eastern Red Bat, Hoary Bat, and Silver-haired Bat may not go far enough to mitigate risks. Bats are particularly vulnerable to turbine collisions, especially during migration periods.

Proposed Changes:

Impose mandatory turbine curtailment during peak migration and breeding seasons. Expand buffer zones between wind facilities and known bat habitats. Require independent, third-party monitoring of bat mortality rates and public reporting of findings. Establish a mechanism for adaptive management, allowing conditions to be updated based on new scientific data or observed impacts. 3. Limited Stakeholder and Public Oversight

The proposed amendments lack robust mechanisms for stakeholder input and public oversight, particularly regarding the implementation and monitoring of conditional exemptions.

Proposed Changes:

Create a transparent process for public and expert review of activities conducted under conditional exemptions. Establish an online platform to track compliance with conditions and report on the status of affected species. Ensure meaningful consultation with Indigenous communities, conservation organizations, and local stakeholders to incorporate diverse perspectives and traditional knowledge. Conclusion

The proposed amendments have the potential to improve the balance between development and species protection but require stronger safeguards to ensure meaningful conservation outcomes. By incorporating site-specific assessments, enhanced protections for bats, and mechanisms for oversight, Ontario can uphold its commitment to protecting biodiversity while enabling responsible economic activities.

Thank you for considering these recommendations. I urge you to revise the draft amendments to prioritize the protection of our province's most vulnerable species.