Sara Eddy Fisheries Protection Program Fisheries and Oceans Canada Review of Projects in Redside Dace Habitat under the Fisheries Act and Species at Risk Act Sara Eddy Fisheries Protection Program Fisheries and Oceans Canada

Key SARA protection clauses SARA Prohibitions Sec. 32. Individual Organisms No killing, harming, harassing, buying, collecting, selling of extirpated, endangered or threatened species (Schedule 1) Sec. 33. Residences Only for species to which the concept of residence applies Not yet defined for any aquatic species in Ontario Sec. 58. Critical Habitat Prohibits destruction of Critical Habitat once defined in a recovery strategy or action plan

When are SARA Permits Issued? May be issued when: Activity is for scientific research Activity benefits the species Affecting the species is incidental to the activity The following pre-conditions are met: All reasonable alternatives have been considered Impacts will be minimized The activity will not jeopardize survival or recovery of the species

Distribution of Federally Listed Aquatic SAR in Ontario Currently 32 SARA-listed, aquatic species at risk in Ontario 21 fishes 11 mussels

Redside Dace – Ontario Distribution Lake Huron Two Tree Saugeen Gully South Gully Lake Erie Irvine Creek Lake Ontario Spencer Bronte 14 Mile 16 Mile Credit Humber Don Rouge Duffins Carruther’s Lynde Holland River * Exist in 17 watersheds - extirpated in 8

Fisheries Act Serious Harm: Fish Habitat: The death of fish or any permanent alteration to, or destruction of, fish habitat Fish Habitat: spawning grounds and any other areas, including nursery, rearing, food supply and migration areas, on which fish depend directly or indirectly in order to carry out their life processes Section 35(1) Prohibition for Serious Harm No person shall carry on any work, undertaking or activity that results in serious harm to fish that are part of a commercial, recreational or Aboriginal fishery, or to fish that support such a fishery

DFO’s Integrated Regulatory Review DFO guidance on “Projects Near Water” website: www.dfo-mpo.gc.ca/pnw-ppe/index-eng.html Contact DFO in Ontario at: Fisheries Protection Program Fisheries and Oceans Canada 867 Lakeshore Road Burlington, Ontario L7S 1A1 Telephone: 1-855-852-8320 Email: FisheriesProtection@dfo-mpo.gc.ca

DFO’s Integrated Regulatory Review Proponents determine whether aquatic SAR are present Then review FA/SARA self-assessment criteria and measures - does DFO need to review the project? Note new Species at Risk considerations for Project Activity Types and Measures to Avoid Harm If required, proponent submits a Request for Review to Fisheries Protection Program (FPP) Triage unit

LOA & SARA Permit Proponent submits Request for Review Triage staff review and conclude SARA s.32 applies, but no FA “serious harm” Project involves fish salvage (development related) Need to be in compliance with SARA s.32 Send to Regulatory Review for SARA permit & LOA Example: dewatering for new culvert placement

FA Authorization or SARA-Compliant Authorization Regulatory Review staff review and conclude: FA s.35(1) “serious harm” only – issue FA Authorization SARA s.32 “harm” only, or with FA “serious harm” – consult with DFO SAR Biologist and OMNRF to determine whether to issue SARA-compliant FA Authorization Completeness of application Conduct consultation with Indigenous groups as required

Existing files For existing projects for which an LOA or Authorization has been issued, need to ensure compliance with SARA Proponent is to submit a SARA permit application and provide information on alternatives and mitigation measures related to the project

SARA Registry All SARA permits and SARA Compliant Fisheries Act Authorizations are posted on the SARA Public Registry Purpose, description, locations, species, pre-conditions (alternatives and mitigation measures) http://www.registrelep-sararegistry.gc.ca/sar/permit/permits_e.cfm

General coordination principles (DFO/MNRF) Coordinate with MNRF for streamlined approach avoiding duplication Each legislation requires separate approvals DFO integrating SARA reviews under Fisheries Act Regular communication to discuss projects and coordination Intent to align regulatory requirements for consistency of review and approvals DFO maps = ESA mapping (for Redside Dace)

New Aquatic SAR Maps Webpage Photo by G. Coker

Instructions on Use

NEW MAP

Determine Species Present

Questions? We would now be pleased to address any questions you have or provide further clarification.