Ontario’s Endangered Species Act, which came into effect in 2008, makes the province a North American leader in the protection and recovery of species at risk and their habitats. Learn how Ontario is protecting species at risk and their habitat.
Proposed Authorization Summary
| Proponent: | Ontario Ministry of Transportation |
|---|---|
| Project: | Hwy 7 Bridge Rehab. - near St. Mary’s |
| Location: | Perth County See location on Google Maps  |
| Species: |
|
| Sector: | Transportation |
| Environmental Registry Number: | 011-5101 |
| Permit Proposal Status: | Proposal development and review |
| Authorization Type: | 17(2)(c) - Overall Benefit Permit The Endangered Species Act, 2007 (ESA) provides for the protection of endangered, threatened (and in some cases extirpated) species on the Species at Risk in Ontario (SARO) List. The ESA also addresses the protection of habitat for species at risk. |
Environmental Registry Posting:
The Ministry of Transportation (MTO) intends to apply for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA) with respect to Wavy-rayed Lampmussel in order to rehabilitate the bridge piers at Highway 7 over the North Thames River, near the Town of St. Mary's.
The proposal to repair the piers of the Highway 7 bridge over the North Thames River has the potential to impact Wavy-rayed Lampmussel and its habitat.
Wavy-rayed Lampmussel is listed on the Species at Risk in Ontario (SARO) List, under Ontario Regulation 230/08 (O. Reg. 230/08) of the ESA, as Threatened.
Subsection 9(1) of the ESA provides for the protection of endangered, threatened (and extirpated) species on the SARO List.
Habitat protection under subsection 10(1) of the ESA currently applies to Wavy-rayed Lampmussel.
The ESA allows some activities to proceed under a clause 17(2)(c) permit with specific conditions if; avoidance and reasonable alternatives have been considered, adverse effects will be minimized and an overall benefit will be achieved for the species. Providing an overall benefit to a protected species under the ESA involves undertaking actions to improve circumstances for the species in Ontario. Overall benefit is more than “no net loss” or an exchange of “like for like”. Overall benefit is grounded in the protection and recovery of the species at risk and must include more than mitigation measures or “replacing” what is lost.
The Minister may issue a permit to an applicant under clause 17(2)(c) of the ESA that authorizes the person to engage in an activity that would otherwise be prohibited by section 9 or 10 of the ESA if the Minister is of the opinion that the main purpose of the activity authorized by the permit is not to assist in the protection or recovery of the species specified in the permit, but, the Minister is of the opinion that:
(i) an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit; and
(ii) reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted; and
(iii) reasonable steps to minimize negative effects on individual members of the species are required by conditions of the permit.
The bridge work at this location is included in MTO’s multi-year maintenance plan. The concrete on the upstream end of the bridge piers requires repairs in a location where a population of Wavy-rayed Lampmussels occurs. MTO has been in discussion with MNR staff about reasonable alternatives and an alternative has been adopted. To undertake the proposed bridge repair work, MTO will require an overall benefit permit under clause 17(2)(c) of the ESA to collect mussels and move them to another location upstream from the work site.
Reasonable alternatives are being considered including ones that would not adversely affect the species, and may include:
- Adjustment of project timelines to avoid sensitive periods of the Wavy-rayed Lampmussel life-cycle.
Potential approaches to minimize adverse effects on individual members of Wavy-rayed Lampmussel may include:
- Collecting mussels found at the site and relocating them to an undisturbed area of similar habitat upstream of the site;
- Timing the re-location to occur after the water temperature rises above 16ºC, and complete all relocations at least one month before the temperature is anticipated to drop below 16ºC; and
- Mitigating in-water works by implementing measures to prevent siltation and deleterious substances from entering the watercourse.
Potential approaches to achieve an overall benefit for Wavy-rayed Lampmussel may include:
- Naturalizing and stabilizing riparian areas with native plant species to reduce sedimentation and river bank erosion;
- Monitoring growth rates of both relocated mussels and mussels at a control site to increase knowledge about disturbance tolerance;
- Improving habitat for smallmouth bass, the host fish of the larval life stage of the Wavy-rayed Lampmussel; and
- Improving water quality by undertaking works to reduce silt levels and chemical run-off into waterways.
Please note that the posting of this proposal on the Environmental Registry does not imply that a permit will be approved; an overall benefit permit may only be issued where the legal requirements set out in clause 17(2)(c) of the ESA have been satisfied.
Comment On This Project
To view and comment on this proposed permit, please visit the Environmental Registry and enter the Registry number (011-5101 ) in the search bar.
If you have questions or comments specific to this permit application after the Environmental Registry period is over, please click here Hwy 7 Bridge Rehab. - near St. Mary’s (ER number: 011-5101 ) .
Please Note: All comments and submissions received become part of the public record. You will not receive a formal response to your comment, however, relevant comments received as part of the public participation process for this proposal will be considered in the decision making process for the authorization.
