Impending amendment of Ontario Regulation 230/08 (Species at Risk in Ontario List) in response to COSSARO report received October 14, 2011
Ontario Regulation 230/08
Regulation - LGIC
Bill or Act:
Endangered Species Act, 2007
Summary of Decision:
The amendment to Ontario Regulation 230/08 has proceeded in accordance with the provisions of the ESA.
Summary of Proposal:
The Endangered Species Act, 2007 (ESA) provides for the establishment of the Committee on the Status of Species at Risk in Ontario (COSSARO). COSSARO sits as an independent committee that is responsible for classifying species at risk based on established criteria. In accordance with the ESA, COSSARO may at any time submit a report to the Minister of Natural Resources regarding species that have been assessed and classified.
Where a report submitted to the Minister identifies the need to amend the SARO List, the ESA requires that the regulation (Ontario Regulation 230/08) be amended within three months.
On October 14, 2011 the Minister of Natural Resources received a report from COSSARO. The Ministry of Natural Resources proceeded with the corresponding amendments to Ontario Regulation 230/08 on January 14, 2012. These amendments have resulted in the addition of four new Endangered species to the SARO List (Hickorynut, Hine's Emerald, Pygmy Snaketail, and Hungerford's Crawling Water Beetle), two new Threatened species to the SARO List (Barn Swallow and Eastern Meadowlark), the change of one species on the SARO List to Threatened from Special Concern (Silver Shiner), the change of one species on the SARO List to Special Concern from Threatened (Dwarf Lake Iris), the change of one species on the SARO List to Extirpated from Endangered (Blanchard's Cricket Frog), and the removal of one species from the SARO List from Endangered to ineligible (Aurora Trout). COSSARO also reviewed the status of four species whose classification on the SARO List did not change (Small Whorled Pogonia, Salamander Mussel, Henslow's Sparrow and King Rail). The scientific and/or common names of Mudpuppy Mussel, Northern Cricket Frog, Lakeside Daisy, Whip-poor-will and Louisiana Waterthrush are changed as a result of the amendment to the SARO List.
In accordance with the provisions of the ESA the species and habitat of species newly listed as or changed to Endangered or Threatened is automatically protected once the amended regulation is filed. The new Endangered and Threatened species now receive species and habitat protection. In addition, the ESA requires the preparation of recovery strategies within one or two years depending on whether the species is listed as Endangered or Threatened. Habitat regulations must be prepared within two and three years respectively for Endangered or Threatened species. For the species changed to Extirpated, the preparation of a recovery strategy may be required for an Extirpated species if the Minister is of the opinion that reintroduction of the species into Ontario is feasible. For the species listed as Special Concern, the listing as special concern requires the completion a management plan within five years, unless a federal recovery strategy or management plan is required to be prepared under the Species at Risk Act (Canada).
Ministry of Natural Resources
300 Water Street
January 14, 2012