Ontario s Endangered Species Act, Latornell Symposium November 14, 2007 Alliston
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1 Ontario s Endangered Species Act, 2007 Latornell Symposium November 14, 2007 Alliston
2 Why a new ESA? * Outdated Legislation * External Drivers UN Convention on Biological Diversity (1992) Canadian Biodiversity Strategy (1995) National Accord for the Protection of Species at Risk (1996) Our Sustainable Future (2005) Ontario s s Biodiversity Strategy (2005)
3 BETTER PROTECTION FOR SPECIES AT RISK IN ONTARIO Pillar 1 New Legislation Key areas for science Government decision making & flexibility Pillar 2 Programs / Policies to Implement Legislation Policies & regulations to support implementation Implementation of recovery actions Pillar 3 Incentives & Stewardship Activities Proactive approach Landowner support Stewardship first
4 Pillar 1 ENDANGERED SPECIES ACT, 2007: OVERVIEW Referred to as a a benchmark for the rest of the world A clear role for science Effective protection for species & habitat Balanced by appropriate flexibility Government can make decisions but has Government can make decisions but has accountability too Transparency & reporting
5 Endangered Species Act, 2007 Timeline (for species identified in future) NOTICE At least 60 days before COSSARO commences assessment, MNR publishes prioritized list of species to be assessed At least 60 days ASSESSMENT COSSARO completes assessment of species & reports to Minister annually Consideration of a variety of factors, including science & socioeconomic factors can begin & be part of subsequent decisions following listing * Up to 1 year opportunities for consultation Pillar 1 MNR posts report via 60 day info notice on EBR LISTING 90 days MNR makes automatic regulation SARO List (within 90 days) SARO List Listing automatically triggers: Species protection Automatic habitat protection Initiate recovery strategy or management plan Within 1 year of listing PROTECTION Recovery strategy Endangered species Within 2 years of listing Recovery strategy Threatened species LGIC reg. - Species-specific habitat protection replaces automatic habitat protection bring forward 2yrs. Endangered, 3yrs Threatened FLEXIBILITY TOOLS AGREEMENTS Purpose: assisting in or encouraging protection or recovery of species Minister may allow activity otherwise prohibited under Act PERMITS Minister may issue permits to allow activity otherwise prohibited under Act Different permits / levels of approval depending on expected outcome for species One type of permit (if significant social / economic benefit to Ontario; Cabinet approval required) could allow for some harm to species or habitat CABINET REGULATIONS May create exceptions from the prohibitions in the Act (e.g. incidental catch, grandfathering for possession of fur coats, furniture) HOWEVER, If the Minister is of the opinion that a regulation is likely to have a significant adverse effect on a species at risk, the Minister must provide extended public notice and consult with an expert on the potential impacts. Regulations under this Act CANNOT result in the extirpation of a species from Ontario. STEWARDSHIP Promote Stewardship activities E.g. SAR fund, communications & outreach, preserving and rehabilitating habitat. * * Mgmt plan Special Concern species Within 5 years of listing * Species at Risk Public Advisory Committee
6 Pillar 2 Regulations, Policies & Program Development Key Actions Identify, prioritize & develop regulations Create policies, procedures & guidelines to implement ESA Establishment of COSSARO/SARPAC Assessment of provincial government programs to ensure compliance Coordination with federal government Consideration of Aboriginal interests
7 Pillar 2 Regulations for June 2008 Species at Risk in Ontario (SARO) List Exemption regulations
8 Pillar 2 Policies and Procedures for June 2008 Permits for prohibited activities Stewardship agreements Habitat interpretation and identification of automatic habitat Grandparenting and adoption of recovery strategies
9 Pillar 2 Policies & Procedures Beyond June 2008 Recovery planning (new process) Consultation relating to habitat regulations Gov t t Response to Recovery Strategies Reporting Habitat mapping guidelines Public Engagement Habitat protection Orders Sensitive Information
10 Pillar 2 Proposed Policy Development Process Steps Initial scoping of policies essential for June 30, 2008 (Completed) Multi-stakeholder input session (Nov 1) Focused stakeholder meetings to address specific areas of concerns (Nov Dec) Draft policies (Jan) (Nov-
11 Pillar 2 Proposed Policy Development Process Steps EBR posting (Feb-April - TBD) Government approvals of policies and regulations (May-Jun) EBR decision notice posted (Jul) Government approvals ESA 2007 In Effect Focussed sessions with Stakeholders EBR posting (timing TBD) Nov.07 Dec.07 Jan.08 Feb.08 Mar.08 Apr.08 May.08 Jun.08 Jul.08
12 Pillar 3 STEWARDSHIP PROGRAM Why a Stewardship Program? Essential for implementation of new ESA Effective for protection/recovery of SAR Effective prevention Promote awareness & engagement Promote voluntary action Support for SAR from landowners, industry and general public
13 Pillar 3 What is SAR Stewardship Doing? $18 million over 4 years to promote stewardship First round closed August applications 83 projects funded Outreach, education, research etc. Next funding round starts November 2007 Social marketing approach to be developed NEED: Incentives, tools, agreements, permits in development (e.g. tax incentive, safe harbour agreements) from Pillar 2
14 Pillar 3 Stewardship Program Elements Outreach & Education Motivate & inspire Stay tuned Support for Stewardship SAR Stewardship Fund - ongoing Other Funds? (EFP etc.) Incentives in development Property-based incentives Market-based incentives Non-financial incentives (Recognition) Delivery mechanisms Build on existing capacity
15 QUESTIONS?
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