Private Landowner - Permit for activities to achieve an overall benefit to a species and/or to pay a species conservation charge (ESA s.17(2) (c))

A private landowner is seeking a permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA), for impacts to Dwarf Hackberry, to construct a single unit-dwelling, servicing the lot, and landscaping at Timberwood Trail Grand Bend, Ontario

The proposed activities may adversely impact:

• four Dwarf Hackberry trees
• approximately 0.0723 hectares of Dwarf Hackberry habitat

Protecting species under the Endangered Species Act

The Ontario government is committed to protecting species at risk and providing strong environmental oversight, while working to support development opportunities in the province.

Ontario provides protections for species at risk and their habitats under the ESA. Subsection 9(1) of the ESA prohibits the killing, harming, harassing, capturing or taking of endangered, threatened and extirpated species, while subsection 10(1) prohibits the damage or destruction of the habitat of endangered or threatened species

Dwarf Hackberry is listed on the Species at Risk in Ontario list, under O. Reg. 230/08 of the ESA as threatened.

The main threat to the survival of Dwarf Hackberry is habitat loss.

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 Act if the minister believes that:

• either:
  • an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit, or
  • the person who would be authorized by the permit to engage in the activity has agreed to pay to the Species at Risk Conservation Fund any Species Conservation Charges that are required by 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

The option to pay a species conservation charge is only available for a species designated by regulation under the ESA as a conservation fund species. Dwarf Hackberry has not been designated as a conservation fund species.

Providing an overall benefit to a protected species under the ESA means 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 private landowner is working to identify ways to provide an overall benefit to Dwarf Hackberry. These may involve

• manage minimum of 592 m2 of land on the subject property to protected and maintain a natural state for the benefit of existing, planted and transplanted Dwarf Hackberry individuals
• collect Dwarf Hackberry seeds to propagate in a nursery, and to plant minimum of 20 Dwarf Hackberry trees within the subject property

These actions are expected to achieve an overall benefit to the species by:

• plantings at a ratio of 5:1 relative to the four Dwarf Hackberry individuals to be removed on the subject lands
• increasing the overall number of Dwarf Hackberry’s planted on the landscape within its native range
• supporting future Dwarf Hackberry’s populations through seed production and species distribution

Reasonable alternatives being considered

The private landowner is considering alternatives, including alternatives that would not adversely affect Dwarf Hackberry and their habitat. This may include not proceeding with the proposed development.

The private landowner has considered:

• not proceeding with the proposed project; although this would not meet the landowner needs to build residential home
• proceeding with activities with no mitigations/compensation; this alternative does not integrate measures to avoid and/or mitigate impacts to species at risk habitat and is not considered a viable alternative

The best alternative for carrying out the project is to proceed with the proposed development, while minimizing adverse impacts and achieving an overall benefit to the species as described.

Actions to minimize negative effects to the species

The private landowner is seeking ways to minimize adverse effects on Dwarf Hackberry and its habitat. These may include:

• the four Dwarf Hackberry within the construction footprint are transplanted outside the construction footprint to a safe location within the property before construction starts
• to minimize transplant shock transplanting the Dwarf Hackberry to be completed during the spring or fall dormant season (March 15 - April 30 or October 20 – December 1)
• all transplanted individuals are to be watered and mulched immediately upon replanting
• Dwarf Hackberry within 10 of the construction footprint to be clearly marked with flagging tape to avoid inadvertent damage during vegetation removals and site grading activities.
• before vegetation clearing and site grading, construction personnel will be notified and shown the locations of any Dwarf Hackberry that occur within 10 m of the construction footprint
• boundary of the construction footprint to be marked with stakes during the tree cutting period and later with silt fencing prior to grading to mitigate accidental damage or removals beyond the construction footprint
• the homeowner will be provided with an educational brochure that will include notification about the presence of the Species at Risk Dwarf Hackberry on the subject property and the significance of this species within the Lambton Shores area

Other information

The Province has published a government response statement under section 12.1 of the ESA with respect to Dwarf Hackberry.

The government response statement will be considered before a decision to issue an overall benefit permit. A copy of the government response statement for Dwarf Hackberry is available at: Dwarf Hackberry government response statement | ontario.ca.

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 ESA have been satisfied.

More information on species at risk overall benefit permits.