[All] Letter re: Hidden Valley as submitted by Lulu
Louisette Lanteigne
butterflybluelu at rogers.com
Sun Jan 22 23:26:30 EST 2012
Hi folks
If you want to write a letter re: Hidden Valley, below are the related policies you can relay re: the need to protect ENDANGERED Jefferson Salamanders.
Lulu
____________________________________________________________________________
Louisette
Lanteigne
700
Star Flower Ave.
Waterloo
Ontario
N2V 2L2
butterflybluelu at rogers.com
Comments
re: The need to protect Hidden Valley's Endangered Jefferson
Salamanders
Dear
Kitchener Council Members,
I
support the use of the Environmental Funds towards acquiring the
total area of Hidden Valley as an ESPA for the sake of protecting the
Endangered Jefferson Salamander. The status of the salamanders at
the federal level is endangered as recognized by the Committee on the
Status of Endangered Wildlife in Canada on November 2010. This fact
can be viewed online here:
http://www.cosewic.gc.ca/eng/sct1/searchdetail_e.cfm?id=642&StartRow=291&boxStatus=All&boxTaxonomic=All&location=All&change=All&board=All&commonName=&scienceName=&returnFlag=0&Page=30
The
Ontario Fish and Wildlife Conservation Act recognizes that the
protective status with the highest level of constraints shall
prevail.
The
population of Jefferson Salamanders found in Hidden Valley has been
confirmed as Canada's highest remaining population as confirmed to me
by Dr. Jim Bogart via personal communications.
Provisions
exist to protect the habitat of threatened species in the provincial
Policy Statement 2005:
2.1
Natural Heritage
2.1.1 Natural
features and areas shall be protected for the long term.
2.1.2 The
diversity and connectivity of natural features in an area, and the
long-term ecological function and biodiversity of natural
heritage systems, should be maintained, restored or, where possible,
improved, recognizing linkages between and among natural
heritage features and areas, surface water
features and ground water
features.
2.1.3 Development and site
alteration shall not be permitted in:
1. significant habitat of endangered species and threatened species;
2. significant wetlands in Ecoregions 5E, 6E and 7E1; and
3. significant coastal wetlands.
2.1.4 Development
and site alteration shall not be permitted in:
1. significant wetlands in the Canadian Shield north of Ecoregions 5E, 6E and 7E1;
2. significant woodlands south and east of the Canadian Shield2 ;
3. significant valley lands south and east of the Canadian Shield2;
4. significant wildlife habitat; and
5. significant areas of natural and scientific interest
unless
it has been demonstrated that there will be no negative
impacts on the natural features or their ecological functions.
2.1.5 Development and site
alteration shall not be permitted in fish habitat except
in accordance with provincial and federal requirements.
2.1.6 Development and site
alteration shall not be permitted on adjacent lands to
the natural heritage features and areas identified in
policies 2.1.3, 2.1.4 and
1. unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions.
Site alteration:
means activities, such as grading, excavation and the placement of fill that would change the landform and natural vegetative characteristics of a site.
When
it comes to the Endangered Species Act 2007 the most current law alwaysapplies.
This
provincial law cannot be "grandfathered" to an older, less
protective version. The logic for this is due to the fact that the
government views any threats to existing threatened or endangered
species and their habitats as a current threat so current law stands.
This information was confirmed to me by Senior MNR policy adviser
Gail Jackson on October 6, 2011 as per our telephone conversation.
The
Endangered Species Act protects threatened and endangered species
as well as their habitats. The definition of Jefferson
Salamander habitat in Ontario according to the Endangered Species Act
as consolidated on July 1 2011 states:
Jefferson
salamander habitat
28. For
the purpose of clause (a) of the definition of "habitat" in
subsection 2 (1) of the Act, the following areas are prescribed as
the habitat of the Jefferson salamander:
1. In the
City of Hamilton, the counties of Brant, Dufferin, Elgin, Grey,
Haldimand, Norfolk and Wellington and the regional municipalities of
Halton, Niagara, Peel, Waterloo and York,
i. a
wetland, pond or vernal or other temporary pool that is being used by
a Jefferson salamander or Jefferson dominated polyploid or was used
by a Jefferson salamander or Jefferson dominated polyploid at any
time during the previous five years,
ii. an
area that is within 300 metres of a wetland, pond or vernal or other
temporary pool described in subparagraph i and that provides suitable
foraging, dispersal, migration or hibernation conditions for
Jefferson salamanders or Jefferson dominated polyploids,
iii. a
wetland, pond or vernal or other temporary pool that,
A. would
provide suitable breeding conditions for Jefferson salamanders or
Jefferson dominated polyploids,
B. is
within one kilometre of an area described in subparagraph i, and
C. is
connected to the area described in subparagraph i by an area
described in subparagraph iv, and
iv. an
area that provides suitable conditions for Jefferson salamanders or
Jefferson dominated polyploids to disperse and is within one
kilometre of an area described in subparagraph i. O. Reg.
436/09, s. 1.
If
the City, Region or developers encroach upon habitat areas during
construction, in a manner that will harm disturb or kill threatened
or endangered species, they must by law, make a Ministry request to
ask permission to do so. This means the utilization of the Endangered
Species Act section 17 2 c) to request permission. No land
augmentations in the protected area can take place without this
permit. That is how the law is designed.
The
law demands that there must be a NET BENEFIT for the species. If one
is killed, they must be replaced by two or more live specimens per
kill and they must expand on the delineated protected habitat area to
assure the improved survival rates of the remaining specimens in
the area. The provincial and federal government are bound by
international treaties to meet their obligations to protect
biodiversity and this provincial law is to assure that conservation
efforts are reasonably met.
The process to secure a
kill permit must pass through several review agencies and Gail
Jackson is one of the signing officers for this process. She states
the application can take up to 7 years before a permit is issued. It
must be signed three times by various review agencies including
MNR staff, the deputy minister, the MNR ministers and others.
Prior to the issuance of permit the request be posted on the
Environmental Bill of Rights Registry for public comment. ALL
alternative designs submitted by city planners, developers AND the
public can be reviewed at this phase and the decision that best
balances needs of the threatened/endangered species and planning
needs can be implemented. If there is no reasonable way to
secure a net benefit of the species, the request will be denied.
Based
on the data provided in this document, it is reasonable to state the
protection and preservation of the total area of Hidden Valley would
represent good planning as supported by Provincial Policy Statement
and the province of Ontario. To protect Hidden Valley would allow
Canada to comply with it's commitment to the Convention on Biological
Diversity.
The
Jefferson Salamander only exists in approximately 30 sites in Canada. http://www.rom.on.ca/ontario/risk.php?doc_type=fact&id=154
Waterloo
Region is one of the most northern areas of distribution and with
climate change, the Hidden Valley population has the greatest chance
of survival due to the cooler temperatures and the nature of the
unique microclimate that allows this species to thrive. The trees,
moss and vegetation and sediment composition all play a key roll in
maintaining the appropriate temperature and moisture levels required
by this species. If we augment the area by removing trees or exposing
soil to sun it will have devastating impacts on this population.
Please protect this species for the long term.
Thank
you kindly for your time.
Louisette
Lanteigne
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