[All] Action Alert: DON'T LET PERMITS WEAKEN THE ENDANGERED SPECIES ACT

Sat Oct 3 09:18:56 EDT 2009

Hi everyone. 

To make things easier, the email for Mr. Fitzpatrick is james.fitzpatrick1 at ontario.ca

Lulu :0)

--- On Sat, 10/3/09, Daphne NICHOLLS <gordanddaph at sympatico.ca> wrote:

From: Daphne NICHOLLS <gordanddaph at sympatico.ca>
Subject: [All] Action Alert: DON'T LET PERMITS WEAKEN THE ENDANGERED SPECIES ACT
To: 7GN at 7generations.net
Received: Saturday, October 3, 2009, 1:20 AM

----- Original Message ----- 
From: Ontario Nature 
To: gordanddaph at sympatico.ca 
Sent: October 2, 2009 10:57
Subject: Action Alert: DONÂ’T LET PERMITS WEAKEN THE ENDANGERED SPECIES ACT

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DON'T LET PERMITS WEAKEN THE ENDANGERED SPECIES ACT
EBR Registry No. 010-7651 
The Ministry of Transportation (MTO) is currently seeking a permit for a large project in the Windsor-Essex region. MTO intends to rebuild a border crossing plaza and link it to Highway 401 via a six lane highway, which will have a severe impact on more than half a dozen threatened and endangered Carolinian species and the habitat they depend on.  If granted, this will be the first permit of its kind under the new Endangered Species Act (ESA).
The Windsor-Essex region is especially rich in biodiversity, yet is crisscrossed by roads and fragmented by development. Under the Endangered Species Act (ESA), permits can be granted that allow at-risk plants and animals, and their habitat, to be damaged or destroyed, if it can be demonstrated that the social and/or economic benefits are so great that the damage to wildlife is warranted.  Moreover, mitigation measures must be established as part of the permitting process.
In this case, several of the mitigation measures being proposed are untested and unprecedented and significant losses of Butler's gartersnake and colicroot will be the likely result. In addition, key documents for this permit are not being disclosed to the public, making it almost impossible to determine if the mitigation strategies are adequate.
We must ensure that this permit does not erode the protection of wildlife and their habitat under the ESA.  The plants and animals that will be directly impacted by this project are: Butler's gartersnake; eastern foxsnake, colicroot; dense blazing star; willowleaf aster; Kentucky coffee-tree; dwarf hackberry; and common hop-tree.  Projects that damage or destroy species and their habitat must be rigorously planned and carefully monitored. A precautionary approach to mitigation should be taken, based on sound science. With respect to this project, where mitigation will not result in an overall benefit to the species, MTO should be required to identify, purchase and designate a large tract or tracts of land in the Windsor area that will fully compensate for the impacts to species at risk and their habitat. 

Please keep in mind that original responses are weighed more heavily than are form letters.  We suggest that you use the following points to draft your own letter and either post it online to the link below or send a hard copy to the listed address by October 8, 2009. Be sure to reference the EBR registry number: 010-7651. Please also take the time to forward a copy of your comments to Amber Cowie, at amberc at ontarionature.org. 
If you are pressed for time, a sample letter has also been prepared. Please cut and paste the text below, post it on the EBR or send a hard copy to the address at the bottom of this page.
Main points: 

Mitigation measures may not be effective in an area with high habitat fragmentation. Every species affected by this permit currently exists in an already heavily fragmented environment; each species also faces habitat loss as one of the greatest threats to its existence. In an area where natural spaces are isolated and few in number, even successfully tested relocation or transplantation strategies may not work as well as in other areas. 
The use of untested mitigation strategies is at odds with the ESA's precautionary principle. An area of such heavily fragmented habitat is not a good testing ground for untried mitigation strategies. The proposed mitigation approaches for colicroot and Butler's gartersnake have never been attempted, despite the fact that if the strategies do not succeed, there will be no second chances. 
Two critical pieces of information have not been made publicly available: 

the original permit application from the Ministry of Transportation (MTO); and 
the expert opinions required under the ESA to comment on the mitigation strategies for each species. 
As a result, the public is left to comment on an abbreviated and vague summary of both, making it almost impossible to ascertain how the permit will be drafted or enacted. Nor can we find out any information on concerns that may have been raised by the experts.

Land securement should be strongly considered. This project is proposed to occur in Carolinian Canada, both the most biologically diverse and the most vulnerable region in Ontario. Not only will the habitat of eight species at risk be directly affected, many other plants and animals will suffer the indirect effects of habitat loss in this heavily developed region. The high biodiversity values, heavy fragmentation and large scale of the project mean the negative impacts will be felt beyond the immediate surroundings of the project site. 
MTO's budget for the proposed project is estimated at $1.6 billion. MTO should be required to identify, purchase and designate a large tract or tracts of land for conservation purposes in the Windsor area that will fully compensate for the impacts to species at risk and their habitat as a result of the proposed project. 
All comments must be submitted by June 15, 2009.
SAMPLE SUBMISSION
Dear Mr. Jobes:
Re: EBR Registry No. 010-7651
I am writing to express my concern about major flaws in the first permit to come out under section 17(2)d of Ontario's Endangered Species Act.
This type of permit is legally required to ensure that the proposed project will not jeopardize the survival or recovery of species in Ontario. Given the untested mitigation measures being put forward in an already compromised landscape, it is my opinion that unless changes are made to the permit, both Butler's gartersnake and colicroot will face increasing peril as a result of this project.
Furthermore, it is critical that the permitting process be transparent and open to the public. Key documents, such as the permit application itself and the reports from consulted experts, are not available for review, making it extremely difficult to make informed recommendations on specific aspects of this permit.
Moreover, when projects occur in areas where habitat is highly fragmented, it is imperative that land securement, for the purposes of conservation, be a condition of the permit. 
My specific comments on these regulations are as follows:

Do not use untested mitigation strategies for Butler's gartersnake and colicroot. 
Release the full permit application and reports from consulted experts for public comment. 
Set aside funds from the overall project budget for land securement by the proponent for the purpose of conservation. 
Yours truly, 
Submit comments on-line here or send a hard copy to the address below: 
www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTA3NTMx&statusId=MTYxNDQ3&language=en 

Send hard copy to:James Fitzpatrick
Species at Risk Team Advisor
Ministry of Natural Resources
Natural Resource Management Division
Fish and Wildlife Branch
Species at Risk
300 Water Street
Peterborough Ontario
K9J 8M5 
Phone: (705) 755-5409 
Fax: (705) 755-1788 
Founded in 1931, Ontario Nature works with over 140 member groups to protect Ontario's habitats and wildlife, and connect people with nature, through research, conservation campaigns, education and public awareness.
Click here to join Ontario Nature.
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Learn about other Ontario Nature campaigns.

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