MNR’s Role February 6 th, 2014 Presented by Kerry Reed, Species at Risk Biologist 1

Overview Endangered Species Act, 2007 Changes to the ESA under MNR’s Modernizing of Approvals Initiative Barn Swallow Butternut Understanding the Role of the Ministry of Natural Resources 2

Endangered Species Act, 2007 (ESA) The purpose of the ESA, 2007 is to: 1. To identify species at risk based on the best available scientific information, including information obtained from community knowledge and aboriginal traditional knowledge 2. To protect species that are at risk and their habitats, and to promote the recovery of species that are at risk 3. To promote stewardship activities to assist in the protection and recovery of species that are at risk 3

Endangered Species Act, 2007 (ESA) Section 9 prohibits the killing, harming, harassing, capturing or taking a living member of a species that is listed on the Species at Risk in Ontario List as an Endangered or Threatened species. Section 10 prohibits damage or destruction to the habitat of Endangered and Threatened species. Flexibility tools i.e. permits, agreements, exemptions to help reduce the impact of human activity on species at risk and their habitats. 4

Tools Permits Agreements Exemptions and Registrations 5

Changes to the ESA under MNR’s Modernizing of Approvals Initiative July 1, 2013 MNR has streamlined and automated its approvals processes for natural resource- related activities to help individuals and businesses access these services faster and more efficiently while continuing to protect and sustainably manage Ontario’s natural resources and Species at Risk. Improvements to the implementation of the Endangered Species Act (ESA), through regulatory changes, bring efficiencies and cost savings to private sector, other public sectors and MNR. The regulatory provisions allows some activities that would otherwise contravene the ESA to proceed without a permit provided that regulatory conditions for the ongoing protection of species at risk and their habitats are met. New regulatory provisions address low risk and common situations, while maintaining permits for high risk or complex situations. 6

Streamlined Approvals Regulation = exemption Rules established in regulation = exemption with conditions Registration with MNR = letting MNR know 7

How do these Changes Affect You? Streamlined approvals- these changes enable individuals and businesses to access these services faster and more efficiently MNR staff are available to work with you to determine if your project is eligible for the regulatory provisions under the ESA Ability to set up a One-key ID (secure account) and a Natural Resources client profile (individual or business) to register online. Registry Approvals Service Centre (RASC) can be reached at or 8

When to Complete a Notice of Activity Form Species at risk are present Avoidance is not option If the project will adversely affect a species at risk If your project falls under one of the regulation exemptions If the eligibility criteria is met 9

Barn Swallow - Threatened Barn Swallows often live in close association with humans, building their cup-shaped mud nests almost exclusively on human-made structures such as open barns, under bridges and in culverts. The species is attracted to open structures that include ledges where they can build their nests, which are often re-used from year to year. They prefer unpainted, rough-cut wood, since the mud does not adhere as well to smooth surfaces. 10

Barn Swallow An active nest or colony can be identified during the breeding season (June 1 – August 15) by the presence of Barn Swallow circling the area and defending the nest locations. Surveys should be conducted during the breeding period for this species from June 1 to August 15. Care should be taken not to harm or harass breeding birds. 11

Alter a Structure- Barn Swallow Habitat Prevent the birds from nesting i.e. installing a tarp or netting before breeding season. Replace nests at a 1:1 ratio. New nests must be placed within 1 km of original site in suitable structure. Habitat maintained for 3 years. 12

Butternut - Endangered Butternut usually grows alone or in small groups in deciduous forests. Prefers moist, well-drained soil and is often found along streams, found on well- drained gravel sites and rarely on dry rocky soil. Doesn’t do well in the shade, often grows in sunny openings and near forest edges. 13

Butternut Trees on Your Property Before you can remove or harm a butternut tree, you must have a qualified butternut assessor determine what category the tree falls into. Butternut trees are divided into 3 categories: Category 1: in the advanced stages of disease as a result of butternut canker (“non-retainable”) Category 2: the tree does not have butternut canker or disease is not as advanced (“retainable”) Category 3: could be useful in determining how to prevent or resist butternut canker (“archivable”) 14

Understanding the Role of the Ministry Engage MNR early! Information request system Species survey protocols Avoidance Authorizations or regulatory exemptions We are happy to help! 15

Questions? 16