Ontario’s First Habitat Regulation Under The ESA 2007

 


 

The government of Ontario made a commitment to regulate the habitat for the following ten species at risk: American Badger, Barn Owl, Eastern Prairie Fringed-orchid, Engelmann's Quillwort, Few-flowered Club-rush, Jefferson Salamander, Peregrine Falcon, Western Silvery Aster, Wood Turtle, and Woodland Caribou (forest-dwelling boreal population).

 

A regulation proposal notice (ER #010-6490) was posted on the Environmental Registry from May 15th to June 15th 2009 seeking comments on the proposal to prescribe the habitat for the following nine species: American Badger, Barn Owl, Eastern Prairie Fringed-orchid, Engelmann's Quillwort, Few-flowered Club-rush, Jefferson Salamander, Peregrine Falcon, Western Silvery Aster and Wood Turtle.

  
After reviewing all the comments received during the consultation period, the government has approved the regulation and it will come into force on February 18th, 2010.
 
Open Houses are being scheduled across the province for interested parties to learn more about the regulation, to receive advice on how to avoid harming the species or damaging its habitat, and receive information on the flexibility tools available under the ESA, 2007.  A list of dates and locations for these sessions will be posted shortly, please check back soon.

 
General information on each species and the habitat that is being protected is described below.

American Badger Habitat:
The American Badger (endangered) is a short, sturdy member of the weasel (or mustelid) family.  It is found in a variety of habitats in Ontario, such as tallgrass prairie, sand barrens and farmland.  In Ontario, the badger is found primarily in the southwestern part of the province, close to Lake Erie.  There are also badgers in northwestern Ontario in the Thunder Bay and Rainy River areas.  The regulated habitat for badger protects dens that are being used or have been used in the past 12 months by a badger, plus woodchuck (groundhog) and Franklin’s ground squirrel burrows within 850 metres of the den. A 5-metre radius around the entrance to all badger dens is also protected.

Barn Owl Habitat:
The Barn Owl (endangered) is a mid-sized owl that has adapted to nesting and roosting in barns and abandoned buildings. It may also use natural cavities in trees.  The regulated habitat for Barn Owl protects natural features (e.g., trees) or structures (e.g., silo, barn, other) that are being used by Barn Owls for nesting or roosting.  Nesting or roosting sites, as well as the area 25 metres around the base of natural features (e.g., trees) used as nesting or roosting sites, receive protection for 12 months after its last use.  In addition, areas that provide suitable foraging conditions for Barn Owl that are within 1 kilometre of the natural feature or structure on or which the Barn Owl is nesting or roosting are also protected.

Eastern Prairie Fringed-orchid Habitat:
The Eastern Prairie Fringed-orchid (endangered) is an impressive rare orchid that grows in fen-type wetlands, tallgrass prairie and moist old fields. The regulated habitat for Eastern Prairie Fringed-orchid protects the fens, tallgrass prairies, and moist old fields where the species occurs or has occurred within the following upper tier municipalities:  City of Ottawa, the counties of Bruce, Grey, Essex, Lambton, Lanark, Lennox and Addington and Simcoe, the Municipality of Chatham-Kent, The Regional Municipality of York, the United Counties of Leeds and Grenville and the United Counties of Stormont, Dundas and Glengarry.

Engelmann’s Quillwort Habitat:
The Engelmann’s Quillwort (endangered) is an aquatic plant that grows in shallow water in lakes and rivers.  The Engelmann’s Quillwort is only found in two locations in Canada.  The regulated habitat for Engelmann’s Quillwort protects areas in and around the Gull and Severn Rivers identified on the maps below and inland areas within 5 metres of the high water mark of those areas.  Areas on the proposed maps where the summer shade is heavy, the water is deeper than 5 metres or there is quickly flowing turbulent water (and the associated inland areas) are excluded.

 

 

  • Engelmann's Quillwort (Isoetes engelmannii) - Gull River (PDF Size: 225 KB)
  • Engelmann's Quillwort (Isoetes engelmannii) - Severn River (PDF Size: 631 KB) 

 

Few-flowered Club-rush Habitat:
The Few-flowered Club-rush (endangered) is a woodland sedge that is usually found on steep slopes of oak forests.  In Ontario, it grows at just two sites at the Royal Botanical Gardens in Hamilton and at the Rouge Park in Pickering.  The regulated habitat for Few-flowered Club-rush protects dry fresh oak deciduous forest and dry fresh oak-maple-hickory deciduous forest within specific areas found in the Rouge Park and dry fresh oak deciduous forest, dry fresh oak-maple-hickory deciduous forest and dry tallgrass woodland within specific areas of the Royal Botanical Gardens.

Jefferson Salamander Habitat:
Jefferson Salamanders (threatened) generally use intact deciduous forests with an undisturbed forest floor and unpolluted breeding ponds.  In Canada, they are found only in southern Ontario, mainly along the Niagara Escarpment.  The habitat regulation is limited to 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.  The regulated habitat for Jefferson Salamander protects wetlands, pools and ponds that are being used by Jefferson Salamanders or that were used in the past 5 years.  The area that is within 300 metres of these wetlands, pools and ponds that provides suitable conditions for foraging, dispersal, migration or hibernation is also protected as habitat.  In addition, areas that provide suitable conditions for dispersal to other suitable breeding areas, as well as the suitable breeding areas to which Jefferson Salamanders may disperse, up to 1 kilometre away from protected breeding ponds are protected.  

Peregrine Falcon Habitat:
Peregrine Falcons (threatened) nest on high steep cliff ledges close to large bodies of water and on structures such as tall buildings and bridges.  Although Peregrine Falcons now nest in and around Toronto and several other southern Ontario cities, the majority of Ontario’s breeding population is found around Lake Superior in northern Ontario.  The regulated habitat for Peregrine Falcon protects natural cliff faces that are at least 15 metres high and that are being used or have been used by Peregrine Falcon for nesting within the past 15 years, plus a 1 kilometre area around the cliff face.  Nesting sites located on an artificial cliff face (e.g., steep rock cut, open pit mine) are protected while the nesting site is being used.  In addition, nesting sites on structures (such as buildings and bridges) that are being used or have been used by Peregrine Falcon for nesting within the last 2 years, and the area on the outside surface that is within 10 metres of the nesting site are protected, as are areas within 200 metres of these nesting sites that are habitually used by Peregrine Falcon (e.g. for roosting, plucking, or perching).  

Western Silvery Aster Habitat:
The Western Silvery Aster (endangered) is a perennial wildflower that grows in open bur oak savannahs.  There are only two known existing populations of Western Silvery Aster in Ontario, both in northwestern Ontario.  The regulated habitat for Western Silvery Aster protects the bur oak savannah habitat that currently supports Western Silvery Aster. For maps, refer to the links below.

 

 

Wood Turtle Habitat:
Wood Turtle (endangered), a mid-sized turtle, is typically found in and around clear rivers, streams or creeks that have moderate current and sandy or gravely bottoms.  The habitat regulation is limited to the regional municipalities of Halton, Niagara and Waterloo; the counties of Huron, Renfrew and Simcoe; the districts of Algoma, Nipissing and Parry Sound and the City of Greater Sudbury.  The regulated habitat for Wood Turtle protects the parts of rivers, streams and other water bodies used by Wood Turtles or on which a Wood Turtle directly depends to carry out its life processes.  In addition, for southern populations, the part of the river, stream or other water body that is within 2000 metres of the areas used by Wood Turtles and that provides suitable conditions for a Wood Turtle to carry out its life processes are protected along with the adjacent land that is 200 metres back from the protected parts of the river, stream or other water body.  For northern populations, the part of the river, stream or other water body that is within 6000 metres of the areas used by Wood Turtles and that provides suitable conditions for a Wood Turtle to carry out its life processes are protected along with the adjacent land that is 500 metres back from the protected parts of the river, stream or other water body.  Areas within 300 metres of a nesting site located outside of the protected upland area are also protected.