Habitat Protection & Species at Risk

All plants and wildlife depend on healthy habitat.  In fact, the loss of habitat is one of the main reasons that species are at risk today.  A range of factors can lead to habitat loss.  These factors include increased development, resource management activities, pollution and the spread of invasive plants and animals.

 

  Carden Alvar, a globally significant habitat, and home to several Species at Risk.  Photo by Danielle Tassie, OMNR

The new Endangered Species Act (ESA 2007) helps protect species and their habitats.  The new act prohibits damage or destruction of habitat for species at risk (those listed as endangered or threatened on the Species at Risk in Ontario (SARO) List). 

 

The updated Act also offers clearer definitions of "habitat."  This clarity will provide greater certainty to landowners and others on what constitutes habitat and the types of activities that may be harmful to species at risk.

 

 

"General Habitat" vs. "Regulated Habitat"

 

The Endangered Species Act 2007 provides two types of habitat protection; "general" and "regulated".

 

 

General Habitat

When a species is newly listed as endangered or threatened on the Species at Risk in Ontario (SARO) list, its habitat is also protected under the ESA 2007.  The area of habitat protected is based on a general habitat definition found in the new Act.

 

The definition of general habitat applies to areas that a species currently depends on.  These areas may include dens and nests, wetlands, forests and other areas essential for breeding, calving, and migration routes.

 

This protection remains in place until a species-specific habitat regulation is created.

 

On June 30th 2008, 42 of 128 endangered and threatened species currently on the SARO list will have automatic habitat protection.

Regulated Habitat

 

What about Species that no longer live here?

Automatic or general habitat protection does not apply to extirpated species (species that are no longer found in Ontario).  If an extirpated species is reintroduced, then the species’ habitat may be legally protected.

When a species is added to the SARO list, the process of identifying species-specific (or regulated) habitat begins. 

A habitat regulation provides greater certainty of what is meant by a species habitat.

It may describe features such as geographic boundaries, or certain features of the area (e.g., a creek, a cliff, or beach, or a human-made feature such as a barn).  The description may include areas where the species has been found, as well as areas that may be important to a species’ recovery (e.g., breeding or feeding areas). 

 

A species-specific regulation is the legal description of this habitat.  This description legally replaces the general habitat described above.

 

There are strict timelines associated with creating habitat regulations.  For species listed after June 30th 2008, regulated habitat will need to be identified within 2 years for endangered species, and 3 years for those listed as threatened.