Private Landowner - Permit for activities to achieve an overall benefit to a species

A private landowner has submitted an application for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA). The proposal is to construct a new residential home in Grand Bend.

The proposal may adversely affect Dwarf Hackberry and their respective habitat.

The proposed activities:

• will remove and transplant seven Dwarf Hackberry individuals
• adversely impact 0.06 hectares of Dwarf Hackberry habitat

The main threats to Dwarf Hackberry are aggregate extraction, development, logging and altered disturbance regimes (e.g. fire frequency, coastal processes, wind, disease) that normally limit habitat succession by plants that will shade out this sun-loving species.

Protecting species under the Endangered Species Act

Sections 9 and 10 of the Endangered Species Act (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

Dwarf Hackberry is listed as threatened and 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 timeframe 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. 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
• must include more than mitigation measures or “replacing” what is lost

Actions to achieve an overall benefit to species

A private landowner is working to identify proposed actions that would achieve an overall benefit to Dwarf Hackberry. These may involve:

• planting 35 new Dwarf Hackberry within the subject lands outside of the development area
• replacing any Dwarf Hackberry that die within the first year of planting
• actively managing vegetation (e.g. hand-pulling, mechanical removal) within 60 centimetres of newly planted Dwarf Hackberry
• monitoring the overall benefit actions undertaken to ensure they are effective.

These actions are expected to achieve an overall benefit to the species by increasing the overall number of Dwarf Hackberry on the landscape.

Reasonable alternatives being considered

A private landowner is considering alternatives, including alternatives that would not adversely affect Dwarf Hackberry. These may include:

• not proceeding with the development
• proceeding with the original development
• proceeding with a revised development that preserves more natural features and minimizes impacts to critical features

The private landowner has concluded that the best alternative involves proceeding with a revised development retaining more Dwarf Hackberry individuals and reducing the Dwarf Hackberry habitat that is lost.

This preferred alternative strikes a balance between achieving the objective of constructing a new residential home and limiting the adverse effects to Dwarf Hackberry.

Actions to minimize adverse effects on the species

Potential approaches to minimize adverse effects on Dwarf Hackberry may include:

• minimizing the construction footprint where possible
• conducting contractor awareness training before starting work on the site
• clearly marking the seven Dwarf Hackberry trees to be transplanted as well as installing tree protection fencing to prevent impacts to the other 37 Dwarf Hackberry trees at the site
• transplanting all seven Dwarf Hackberry trees overlapping the proposed project outside to an area outside of the development impact area
• transplanting Dwarf Hackberry trees when roots are dormant to reduce stress on transplanted trees
• transplanting Dwarf Hackberry trees using only handheld tools to minimize disturbance
• actively managing vegetation (e.g. hand-pulling, mechanical removal) within 60 centimetres of transplanted Dwarf Hackberry to ensure success of transplants
• providing a homeowner brochure to educate the landowners on how to minimize impacts/disturbance to Dwarf Hackberry
• using a Qualified Professional to oversee and undertake important aspects of the project
• monitoring mitigation measures to ensure they are effective.

Other information

The Province has published a government response statement under section 12.1 of the Endangered Species Act, 2007 (ESA) with respect to Dwarf Hackberry.

A copy of the government response statement for Dwarf Hackberry is available at: https://www.ontario.ca/page/common-hoptree-and-dwarf-hackberry-government-response-statement.

It will be considered in:

• determining whether or not to approve the permit
• developing any future permit conditions

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.​​​​​​