Town of South Bruce Peninsula - Permit for activities to achieve an overall benefit to a species

Ontario is committed to protecting species at risk and improving environmental outcomes by making the Endangered Species Act more effective and efficient, as outlined in our Made-in-Ontario Environment Plan.

The Town of South Bruce Peninsula has applied for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007. The proposal is to conduct beach maintenance activities at Sauble Beach that impact Piping Plover and its habitat.

The proposed permit considers impacts to Piping Plover and its habitat, with a view to minimizing these impacts and achieving an overall benefit for the species, while allowing the Town of South Bruce Peninsula to conduct work to maintain Sauble Beach to the town's standard for high recreational use and provide a safe environment for beachgoers.

Protecting species under the Endangered Species Act

Sections 9 and 10 of the ESA provide protection for individual members of a species and their habitat if that species is listed on the Species at Risk in Ontario List as either:

• extirpated
• endangered
• threatened

Piping Plover is listed as endangered and is therefore protected.

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 ESA if the minister believes that:

• 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 ESA involves improving circumstances for the species in Ontario. An overall benefit generally:

• means more than “no net loss” or an exchange of “like for like”
• is grounded in the protection and recovery of the species at risk
• must include more than mitigation measures or “replacing” what is lost

Actions to achieve an overall benefit to species

The Town of South Bruce Peninsula is working to identify proposed actions that would achieve an overall benefit to Piping Plover. These may involve:

• enhancing Piping Plover habitat on the north end of Sauble Beach
• removal of invasive species on Sauble Beach
• development and distribution of educational and outreach pamphlets and additional signage at Sauble Beach
• re-vamping placement of play/exercise equipment to increase habitat availability and minimize impacts to Sauble Beach caused by heavy equipment
• monitoring the Overall Benefit actions undertaken to ensure their effectiveness

Reasonable alternatives being considered

The Town of South Bruce Peninsula is considering a range of alternatives, including alternatives that would not adversely affect Piping Plover. These may include:

• removing large natural materials and mechanically raking the beach, with the exception of the area within a 500 m radius around active Piping Plover nests; during the arrival, nesting and fledging periods of the Piping Plover; commencing before June 26 and occurring before long weekends and special events

• undertaking these activities weekly commencing before June 26
• not undertaking these activities

The Town of South Bruce Peninsula has concluded that their preferred alternative for carrying out the proposed activities is:

• removing large natural materials and mechanically raking the beach, with the exception of the area within a 500 m radius around active Piping Plover nests; during the arrival, nesting and fledging periods of the Piping Plover; commencing before June 26 and occurring before long weekends and special events

The town feels that this alternative best balances the needs of undertaking beach maintenance while reducing impacts to Piping Plover and its habitat.

Actions to minimize adverse effects on the species

Potential approaches to minimizing adverse effects on Piping Plover may include:

• removing large, non-hazardous materials and beach raking for beach grooming will only occur outside of 500 m of active nests and only prior to long weekends and special events
• on-site inspection will be used to determine if removals are warranted prior to long weekends and special events as well as the need for and extent of raking
• wherever possible, removing large non-hazardous materials will be completed by hand
• for removing large items that cannot be broken down into smaller pieces using hand tools and removed by hand, a vehicle will be required, however the vehicle will be restricted to the immediate area requiring work
• If there is still consideration for re-nest of the Piping Plover prior to the July long weekend the Town will consult with MECP to determine if raking prior to the July 1st weekend is attainable
• raking will be focused at the mid-beach between the wrack line/upper limit of the swash zone and not within 30 feet (9.1 m) of the historical dune
• hand raking will supplement mechanical raking to address site specific hazard removal
• spotter method will be used and raking will not occur within 250 m of any individual Piping Plovers
• any equipment used will access the beach using the closest beach access and ensure that equipment is on the beach as little as possible
• once the activity is complete, equipment will go back the way it came and through the next access point by road
• disturbance will be limited to the immediate area of work and equipment used will limit the disturbance to natural features sch as natural topography, hummocks, vegetation, natural materials, small and large woody debris, foredune, dune, wrack line, etc.
• any alternate equipment other than that previously specified will be discussed with MECP prior to use
• monitoring of mitigation measures to ensure their effectiveness
• adjusting mitigation measures if monitoring determines the measures to be less effective than anticipated

Other information

A government response statement to the recovery strategy for Piping Plover has been published and will be considered.

Posting this proposal on the Environmental Registry does not imply that the minister 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.

The town is also seeking a health or safety permit under clause 17(2)(a) to: conduct mechanical raking to remove hazards to beach users in late spring before Piping Plovers arrive at the beach each year (typically in March or early April); and to undertake emergency-related activities that may be required to remedy health or safety hazards during the active season for the species.