Ministry of Natural Resources and Forestry, Permit for activities with conditions to achieve overall benefit to the species - ESA s.17(2)(c)

Decision

This notice was originally published on the Environmental Registry November 4, 2016. It was updated on December 13, 2019 to advise the public that the application has been withdrawn by the applicant.

Proposal

The proposal to remove a cabin has the potential to adversely affect Pitcher’s Thistle and their habitat. The proposed permit conditions would provide benefits that exceed the adverse effects on Pitcher’s Thistle.

Pitcher’s Thistle is listed on the Species at Risk in Ontario (SARO) List, in Ontario Regulation 230/08 of the ESA, as threatened.

Subsection 9(1) of the ESA provides for the protection of endangered, threatened (and extirpated) species on the SARO List.

Habitat protection under the ESA applies to Pitcher’s Thistle (subsection 10(1)).

The ESA allows some activities to proceed under a clause 17(2)(c) permit with specific conditions if: avoidance and reasonable alternatives have been considered; adverse effects will be minimized; and an overall benefit will be achieved for the species in Ontario. Providing an overall benefit to a protected species under the ESA involves undertaking actions to improve circumstances for the species in Ontario. Overall benefit is more than “no net loss” or an exchange of “like for like”. Overall benefit is grounded in the protection and recovery of the species at risk and must include more than mitigation measures or “replacing” what is lost.

The Minister may issue a permit under clause 17(2)(c) of the ESA that authorizes a person to engage in an activity that would otherwise be prohibited by section 9 or 10 of the ESA if the Minister is of the opinion that:

1. an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit
2. reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted
3. reasonable steps to minimize negative effects on individual members of the species are required by conditions of the permit

The Ministry of Natural Resources and Forestry is proposing to remove a cabin with confirmed Pitcher’s Thistle and their protected habitat on-site. The Ministry of Natural Resources and Forestry is seeking an overall benefit permit under clause 17(2)(c) of the ESA to damage/destroy Pitcher’s Thistle habitat and to kill/harm Pitcher’s Thistles for the purpose of removing a cabin.

Reasonable alternatives are being considered, including ones that would not adversely affect the species, and may include:

• not conducting the activity at all
• various different methods of relocating the cabin, including via helicopter, skidding, disassembling and wheeling
• adjusting project boundaries

Potential approaches to minimize adverse effects on individual members of Pitcher’s Thistle may include:

• choosing a path that minimizes the number of Pitcher’s Thistles affected
• flagging individual Pitcher’s Thistles in a biologically appropriate way (e.g. flag on a wire staff next to the plant)
• replacing sand that was removed from the dune, following cabin removal
• reducing rutting by placing steel plates or plywood on the sand and leveling out any rutting that does occur
• avoiding the introduction of invasives by washing and visually inspecting all machinery prior to entry onto the site
• monitoring to assess the impact of activities and the effectiveness of mitigation measures employed.

Potential approaches to achieve an overall benefit for Pitcher’s Thistle may include:

• localized removal of select non-Species at Risk vegetation to address succession at another site with an existing population of Pitcher’s Thistle.
• undertaking assisted dispersal on any mature Pitcher’s Thistle seed heads to increase the likelihood that seeds fall on suitable substrate.
• monitoring to evaluate the effectiveness of overall benefit activities.

Please note that the posting of this proposal on the Environmental Registry does not imply that a permit will be approved; a permit may only be issued where the legal requirements set out in clause 17(2)(c) of the ESA have been satisfied.