Below are my comments on…

Below are my comments on specific sections of the proposed changes to the ESA.

1. Proposed Change: A. Provide the public earlier notice of COSSARO's species’ assessment and classification results by making its report available to the public no later than three months after it is received by the Minister. Also, extend the time from when a COSSARO report is received by the Minister to when listing is to occur from three to twelve months (i.e., when a species must be added to the SARO List).

Comment: Extending the length of time from when a species is listed to when protection is applied delays protection which should be afforded to these species immediately. It also allows for opportunities for abuse of the system via pre-emptive destruction of habitat prior to implementation of protection. As such, it is strongly recommended that listing of species remain at no more than 3 months.

2. Proposed Change: D. Allow the Minister to require COSSARO to reconsider the classification of a species where the Minister forms the opinion based on scientific information that the classification may not no longer be appropriate. For species that are not yet on the list or are listed as special concern, the proposed changes provide that the species would not be added to the SAROList or listed to a more endangered status during COSSARO's re-assessment.

Comment: COSSARO are the experts on the status of Species at Risk in Ontario. The evaluation of a species status is always based on the best available scientific information gathered from THE recognized experts in the field. The idea that the Minister, who is a lay person when it comes to SAR, can counter the findings of COSSARO is absurd. I strongly consider that this recommended change be reconsidered. If the Minister suspects a species status is out of date, they should request that a Status Report Update be completed.

3. Proposed Change: E. Require COSSARO to consider a species’ condition around its broader biologically relevant geographic area, inside and outside Ontario, before classifying a species as endangered or threatened. If the overall condition of risk to the species in the broader biologically relevant geographic area is lower, COSSARO would be required to adjust the species’ classification to reflect its overall condition.

Comment: This issue has been much discussed in conservation related fields and the argument essentially amounts to passing responsibility to other parties. We in Ontario have a jurisdictional responsibility to protect our own SAR and make decisions on species status based on available information for that species in Ontario. We cannot rely on the U.S to preserve SAR since we do not know how policies will change in the future. We must maintain our biodiversity without relying on others.

4. Proposed Change: F. Broaden COSSARO member qualifications to include members who have relevant expertise in ecology, wildlife management, as well as those with community knowledge.

Comment: COSSARO represents the recognized experts on species status in the province. Only experts with direct knowledge of species under review should be involved in the assessment of species status. As part of the process of preparing a status report, a comprehensive compilation of information including correspondence with a variety of stakeholders and experts is carried out.

5. Proposed Change: A. De-couple the listing process from automatic protections and provide greater Minister’s discretion on protections, while keeping the assessment as a science-based process at arm’s length. While the role of classifying species would remain with COSSARO and listing of classified species would continue to be required, the proposed changes would provide the Minister with authority to temporarily suspend species and habitat protections for up to three years for some newly-listed species when the following specified criteria are met:

Comment: SAR are designated as such for a reason. Removing automatic protection for newly listed species is not in keeping with Ontario’s goal of preserving biodiversity.

6. Proposed Change: i. applying the prohibitions to the species would likely have significant social or economic implications for all or parts of Ontario so additional time is required to determine the best approach to protect the species and its habitat;

Comment: What amounts to a ‘significant’ social or economic implication? Who determines this?

7. Proposed Change: ii. the temporary suspension will not jeopardize the survival of the species in Ontario; and

Comment: Who will determine this? A species status is assessed by COSSARO based on an immediate need for protection for a given species.

8. Proposed Changes related to 'Creation of Regulatory Charge and Agency'

Comment: Allowing developers to pay to destroy SAR or their habitats should only be used for specific species under specific conditions. For some species, replication of habitats that could presumably be created through the conservation fund is exceedingly difficult. The amount required to be paid by developers or individuals must be substantial and the funds must go to stewardship activities that directly benefit SAR in a meaningful way. I would like to see these funds dedicated to land acquisition, habitat restoration and follow-up monitoring.