U.Lucchetta Construction Limited - Permit for activities to achieve an overall benefit to a species

We are proposing to issue an overall benefit permit to U.Lucchetta Construction Limited under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA), for impacts to American Chestnut, to develop two townhouse units at 1535 Haist Street, Town of Pelham, Niagara Region, Ontario.

The proposed activities may adversely impact:

• American Chestnut individuals
• approximately 0.21 hectares of American Chestnut 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 provides protections for species at risk and their habitats under the ESA. Subsection 9(1) of the ESA prohibits the killing, harming, harassing, capturing or taking of endangered, threatened and extirpated species, while subsection 10(1) prohibits the damage or destruction of the habitat of endangered or threatened species

American Chestnut is listed on the Species at Risk in Ontario list, under O. Reg. 230/08 of the ESA as endangered.

The main threat to the survival of American Chestnut is:

• Chestnut Blight (a fungal disease)
• habitat loss

Under clause 17(2)(c) of the ESA, the minister may issue a permit authorizing a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the Act if the minister believes that:

• an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit, or
• the person who would be authorized by the permit to engage in the activity has agreed to pay to the Species at Risk Conservation Fund any Species Conservation Charges that are required by 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

The option to pay a species conservation charge is only available for a species designated by regulation under the ESA as a conservation fund species. American Chestnut has not been designated as a conservation fund species.

Providing an overall benefit to a protected species under the ESA means 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

U.Lucchetta Construction Limited is working to identify ways to provide an overall benefit to American Chestnut. These may involve:

• planting, monitoring and tending to five American Chestnut seedlings
• supporting research that will contribute to the genetic conservation and recovery of American Chestnuts in Ontario, specifically those that demonstrate a tolerance to Chestnut Blight

These actions are expected to achieve an overall benefit to the species by:

• increasing the overall number of American Chestnuts planted on the landscape within its native range
• supporting future American Chestnuts populations through seed production and species distribution
• contributing to the genetic conservation and recovery of American Chestnuts

Reasonable alternatives being considered

U.Lucchetta Construction Limited is considering alternatives, including alternatives that would not adversely affect American Chestnut and their habitat. This may include not proceeding with the proposed development.

U.Lucchetta Construction Limited has concluded that:

• not proceeding with the proposed project would prevent them from meeting their objective, which is to develop the two townhouse units
• the best alternative for carrying out the project is to proceed with the proposed development, while achieving an overall benefit to the species as described above

Actions to minimize negative effects to the species

U.Lucchetta Construction Limited is seeking ways to minimize adverse effects on American Chestnut and its habitat. These may include retaining a Qualified Professional to oversee that the planting and monitoring of American Chestnut seedlings are properly implemented.

Other information

The Province has published a government response statement under section 12.1 of the ESA with respect to American Chestnut.

The government response statement will be considered before a decision to issue an overall benefit permit.

A copy of the government response statement for American Chestnut is available at: American Chestnut government response statement | ontario.ca.

Posting this proposal on the Environmental Registry does not imply that we will issue a permit. A permit may only be issued where the legal requirements set out in clause 17(2)(c) of the ESA have been satisfied.

More information on species at risk overall benefit permits.