Town of LaSalle - Permit for activities to achieve an overall benefit to a species

The Town of LaSalle is seeking an overall benefit permit, with respect to Eastern Foxsnake and Massasuga (Carolinian populations), so they can develop three residential units on Normandy Street in the Town of LaSalle.

The permit would authorize the applicant to:

• kill, harm and harass Eastern Foxsnake and Massasauga (Carolinian populations)
• damage and destroy up to 0.262 hectares of Eastern Foxnsake and Massasauga habitat

Eastern Foxsnake and Massasauga are listed on the Species at Risk in Ontario list, under O. Reg 230/08 of the Endangered Species Act as Endangered.

Habitat loss and fragmentation are the most significant threats to the protection and recovery of Eastern Foxsnake and Massasauga in Ontario.

Under clause 17(2)(c) of the Endangered Species Act, 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:

• an overall benefit to the species will be achieved within a reasonable time through the conditions of 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

Providing an overall benefit to a protected species under the Endangered Species Act involves 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

The Town of LaSalle is seeking ways to provide an overall benefit to Eastern Foxsnake and Massasauga. These may involve:

• enhancing 0.8 hectares of habitat to provide conditions preferred by Eastern Foxsnake and Massasauga by removing woody vegetation to:
  • increase the amount of open prairie habitat
  • provide snake basking and birthing areas

This is expected to achieve an overall benefit to the species by:

• enhancing habitat that is suitable for movement, hibernation, and foraging
• creating key habitat features within the new habitat area will provide opportunities for key biological processes (nesting, basking, etc.)

Reasonable alternatives being considered

The Town of LaSalle has explored alternatives, including alternatives that would not adversely affect Eastern Foxsnake and Massasauga and their habitat. This includes not proceeding with the proposed development.

Actions to minimize negative effects to the species

The Town of LaSalle is seeking ways to minimize adverse effects on Eastern Foxsnake and Massasauga and their habitat. These may include:

• retaining a Qualified Professional to oversee that the proposed permit conditions and mitigation measures are properly implemented on the site
• adhering to restrictive timing windows and methods for vegetation clearing and site grading to avoid impacts to Eastern Foxsnake and Massasauga
• ensuring that a Qualified Professional carries out any activities relating to incidental encounters with species at risk
• educating all on-site personnel on necessary training materials to identify Eastern Foxsnake and Massasauga
• ensuring there is no off-site impacts (e.g. sediment, erosion, encroachment) that may cause indirect impacts to adjacent land
• installing permanent fencing along the west-end of the development (after construction) to prevent humans and pets from disturbing natural vegetation, and to prevent Eastern Foxsnake and Massasauga from entering the residential area
• providing new homeowners of the residential units with educational brochures describing the ecological significance and sensitivity of the surrounding natural features and their importance as habitat to Eastern Foxsnake and Massasauga
• ensuring that 0.5 m wide strip of wood chip mulch is placed along the shoulders of the trail so that lawn mowing/maintenance isn’t required and snakes can’t be injured or killed by mowing
• installing education signage to provide the public with information about Species at Risk in the area, and best management practices for living with Eastern Foxsnake and Massasauga

Other information

The province has published government response statements under section 12.1 of the Endangered Species Act with respect to Eastern Foxsnake and Massasauga.

The Eastern Foxsnake government response statement specifies actions, such as:

• protecting Eastern Foxsnake and their habitat
• reducing human persecution of the species
• enhancing or restoring the availability of Eastern Foxsnake habitat

The Massasauga government response statement specifies actions, such as:

• protecting and managing Massasauga habitat
• creating public awareness of Massasauga to prevent road mortality persecution and the pet trade
• supporting population management of the species

These actions would be by the permit, if issued.

A copy of the government response statements for Eastern Foxsnake and Massasauga are available at:

https://www.ontario.ca/page/eastern-foxsnake-government-response-statement

https://www.ontario.ca/page/massasauga-carolinian-and-great-lakes-st-lawrence-populations-government-response-statement

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 Endangered Species Act have been satisfied.