Boblo South Development Inc. - Permit for activities to achieve an overall benefit to a species

On April 1, 2021, the Minister of the Environment, Conservation and Parks issued a permit to Boblo South Development Inc. under section 17(1) of the Endangered Species Act, 2007 in accordance with the criteria in clause 17(2)(c) of that Act, concerning:

• Butler’s Gartersnake
• Eastern Foxsnake (Carolinian Population)

The permit authorizes Boblo South Development Inc. to construct a 220-unit residential subdivision on the south end of Boblo Island, which is situated in the Detroit River and is part of the Town of Amherstburg, Ontario.

The permit includes conditions that require Boblo South Development Inc. to undertake measures that will:

• minimize adverse effects to Butler’s Gartersnake and Eastern Foxsnake (Carolinian Population)
• achieve an overall benefit to Butler’s Gartersnake and Eastern Foxsnake (Carolinian Population) within a reasonable timeframe

Actions to minimize adverse effects to species

The permit requires Boblo South Development Inc. to carry out actions to minimize adverse effects on Butler’s Gartersnakes and Eastern Foxsnakes (Carolinian Population), including:

• installing temporary exclusion fencing where activities are required to prevent Butler’s Gartersnakes and Eastern Foxsnakes (Carolinian Population) from entering the development areas
• conducting surveys and targeted salvage of Butler’s Gartersnake and Eastern Foxsnake (Carolinian Population) in the development area before habitats are impacted
• where possible, removing vegetation and preparing the site outside of the active period for snakes, and if not possible, ensure a qualified professional is present to confirm absence of individual snake species prior to vegetation removal
• inspecting work areas and equipment daily, and before starting work, to ensure no species are present and in harm’s way
• discouraging public access to a large portion of existing habitat that will be surrounded by development by ensuring that:
  • the design of all lots surrounding the habitat area is 1 metres higher in elevation than the habitat
  • the perimeter of the habitat is planted with vegetation that will likely discourage public access, such as thorny bushes
• constructing wildlife corridors throughout the development area to improve the habitat connectivity and species movement across and around Boblo Island
• providing training to all site workers about both species and what to do if one is encountered
• monitoring the mitigation measures to ensure they are effective

Actions to achieve an overall benefit to both species

The permit requires Boblo South Development Inc. to achieve an overall benefit for both species within a reasonable timeframe, including:

• creating and enhancing a minimum of 21.39 hectares of suitable habitat for Butler’s Gartersnake and Eastern Foxsnake (Carolinian Population) on Boblo Island, focusing on creating and enhancing transitional ecotone habitat which are intended to create new potential sites for nesting, thermoregulation, foraging and hibernation
• creating and enhancing a minimum of 11.89 hectares of suitable habitat for Butler’s Gartersnake and/or Eastern Foxsnake (Carolinian Population), off of Boblo Island and within the Town of Amherstburg and the Town of LaSalle, focusing on creating and enhancing habitat to support life processes of both species
• carrying out a relevant, scientifically credible and feasible research project to provide overall benefit to Butler’s Gartersnake and Eastern Foxsnake (Carolinian Population)
• developing and implementing an education and public awareness program for residents of Boblo Island regarding Butler’s Gartersnake and Eastern Foxsnake (Carolinian Population), including:
  • creating and distributing educational brochures
  • posting educational signs
  • developing and delivering community outreach awareness sessions to educate the community and raise awareness of snakes and the Endangered Species Act, 2007
• installing traffic calming measures and species crossing awareness signs on Boblo Island to reduce the potential for road mortality of snakes
• maintaining the habitat creation and enhancement areas on and off Boblo Island for a minimum of 5 years
• monitoring Butler’s Gartersnake and Eastern Foxsnake (Carolinian Population) on and off Boblo Island in the habitat creation and enhancement areas to determine how effective the habitat creation/enhancement is

Other information

The proponent considered reasonable alternatives, including alternatives that would not adversely affect the species, such as:

• not proceeding with the proposed project
• proceeding with the original development plan of over 800 residential units (46.2 hectares of development area)
• proceeding with a modified development plan of just under 240 residential units (40.1 hectares of development area)
• proceeding with a further modified development plan of 220 residential units, a reduction/removal of 18 existing and fully serviced lots, and a reduction of individual lot sizes (31 hectares of development area)

The minister believes that the alternatives considered are reasonable and the best alternative is the one being permitted.

The ministry has published government response statements under section 12.1 of the Endangered Species Act, 2007 with respect to Butler’s Gartersnake and Eastern Foxsnake (Carolinian Population).

The government response statements specify actions such as:

• identifying and protecting existing habitat
• enhancing and restoring habitat

promoting stewardship

• increasing knowledge of species biology, abundance, distribution, and threats

Consideration was given to these government response statements, and these actions are supported in the permit.

You can access these statements through the ministry’s website:

• Butler’s Gartersnake government response statement
• Eastern Foxsnake government response statement