Ontario regulation 436/09 made under the endangered species act, 2007




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ontario regulation 436/09

made under the



endangered species act, 2007

Made: August 12, 2009


Filed: November 18, 2009
Published on e-Laws: November 20, 2009
Printed in The Ontario Gazette: December 5, 2009
Amending O. Reg. 242/08

(General)



1.  Section 25 of Ontario Regulation 242/08 is revoked and the following substituted:

Habitat


Eastern prairie fringed-orchid habitat

25.  (1)  For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the following areas are prescribed as the habitat of the eastern prairie fringed-orchid:

1. Areas described in subsection (2) where eastern prairie fringed-orchids exist or existed at any time in the past in,

i. the City of Ottawa,

ii. the counties of Bruce, Essex, Grey, Lambton, Lanark, Lennox and Addington and Simcoe,

iii. the Municipality of Chatham-Kent,

iv. The Regional Municipality of York, and

v. the United Counties of Leeds and Grenville and the United Counties of Stormont, Dundas and Glengarry.

(2)  Paragraph 1 of subsection (1) applies to the following areas:

1. Fens.

2. Tallgrass prairies.

3. Moist old fields.

Engelmann’s quillwort habitat

26.  For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the following areas are prescribed as the habitat of Engelmann’s quillwort:

1. The area shown as “Engelmann’s Quillwort Habitat” on a map entitled “Engelmann’s Quillwort (Isoetes engelmannii) Habitat / Habitat de l’isoète d’Engelmann (Isoetes engelmannii) – Rivière Gull River” that is filed in the office of the Director of the Ministry’s Species at Risk Branch and is identified by the stamp of the Registrar of Regulations dated June 19, 2009, a copy of which may be viewed on the Internet on a website maintained by the Ministry, but not including,

i. any part of the area that has quickly flowing turbulent water,

ii. any part of the area where the water is more than five metres deep, or

iii. any part of the area that is heavily shaded by trees or other vegetation between June 1 and September 30.

2. The area shown as “Engelmann’s Quillwort Habitat” on a map entitled “Engelmann’s Quillwort (Isoetes engelmannii) Habitat / Habitat de l’isoète d’Engelmann (Isoetes engelmannii) – Rivière Severn River” that is filed in the office of the Director of the Ministry’s Species at Risk Branch and is identified by the stamp of the Registrar of Regulations dated June 19, 2009, a copy of which may be viewed on the Internet on a website maintained by the Ministry, but not including,

i. any part of the area that has quickly flowing turbulent water,

ii. any part of the area where the water is more than five metres deep, or

iii. any part of the area that is heavily shaded by trees or other vegetation between June 1 and September 30.

3. The area above the high water mark that is within five metres of an area described in paragraph 1 or 2.



Few-flowered club-rush or bashful bulrush habitat

27.  For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the following areas are prescribed as the habitat of few-flowered club-rush or bashful bulrush:

1. Dry fresh oak deciduous forest located in,

i. Lot 32, ranges 2 and 3, in the geographic Township of Pickering, located in the City of Pickering in The Regional Municipality of Durham,

ii. Lots 21 to 26, Concession 1, in the Royal Botanical Gardens in the geographic Township of Flamborough, located in the City of Hamilton, or

iii. Lot 1, Concession Gore, in the Royal Botanical Gardens in the geographic Township of Ancaster, located in the City of Hamilton.

2. Dry fresh oak-maple-hickory deciduous forest located in,

i. Lot 32, ranges 2 and 3, in the geographic Township of Pickering, located in the City of Pickering in The Regional Municipality of Durham,

ii. Lots 21 to 26, Concession 1, in the Royal Botanical Gardens in the geographic Township of Flamborough, located in the City of Hamilton, or

iii. Lot 1, Concession Gore, in the Royal Botanical Gardens in the geographic Township of Ancaster, located in the City of Hamilton.

3. Dry tallgrass woodland located in,

i. Lots 21 to 26, Concession 1, in the Royal Botanical Gardens in the geographic Township of Flamborough, located in the City of Hamilton, or

ii. Lot 1, Concession Gore, in the Royal Botanical Gardens in the geographic Township of Ancaster, located in the City of Hamilton.



Jefferson salamander habitat

28.  For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the following areas are prescribed as the habitat of the Jefferson salamander:

1. In 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,

i. a wetland, pond or vernal or other temporary pool that is being used by a Jefferson salamander or Jefferson dominated polyploid or was used by a Jefferson salamander or Jefferson dominated polyploid at any time during the previous five years,

ii. an area that is within 300 metres of a wetland, pond or vernal or other temporary pool described in subparagraph i and that provides suitable foraging, dispersal, migration or hibernation conditions for Jefferson salamanders or Jefferson dominated polyploids,

iii. a wetland, pond or vernal or other temporary pool that,

A. would provide suitable breeding conditions for Jefferson salamanders or Jefferson dominated polyploids,

B. is within one kilometre of an area described in subparagraph i, and

C. is connected to the area described in subparagraph i by an area described in subparagraph iv, and

iv. an area that provides suitable conditions for Jefferson salamanders or Jefferson dominated polyploids to disperse and is within one kilometre of an area described in subparagraph i.

Peregrine falcon habitat

29.  For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the following areas are prescribed as the habitat of the peregrine falcon:

1. A natural cliff face on which a peregrine falcon is nesting or has nested at any time during the previous 15 years, excluding any part of the cliff face where the top of the cliff face is less than 15 metres above the base of the cliff face.

2. The area within one kilometre of an area described in paragraph 1.

3. An artificially created cliff face, such as a vertical or very steep rock cut in an open pit mine, on which a peregrine falcon is nesting.

4. A nesting site on a building or other structure that is being used by a peregrine falcon or was used by a peregrine falcon at any time during the previous two years, and the area on the outside surface of the building or structure that is within 10 metres of the nesting site.

5. An area that,

i. is on or within 200 metres of a building or structure described in paragraph 4, and

ii. is habitually used by peregrine falcons.



Western silvery aster habitat

30.  For the purpose of clause (a) of the definition of “habitat” in subsection 2 (1) of the Act, the following areas are prescribed as the habitat of the western silvery aster:

1. Bur oak savannah where a western silvery aster exists in the part of Ontario shown on a map entitled “Geographic Scope of Western Silvery Aster (Symphyotrichum sericeum) regulated habitat in Ontario / Étendue géographique de l’habitat réglementé de l’aster soyeux (Symphyotrichum sericeum) en Ontario – Cliff Island / Île Cliff” that is filed in the office of the Director of the Ministry’s Species at Risk Branch and is identified by the stamp of the Registrar of Regulations dated June 19, 2009, a copy of which may be viewed on the Internet on a website maintained by the Ministry.



2. Bur oak savannah where a western silvery aster exists in the part of Ontario shown on a map entitled “Geographic Scope of Western Silvery Aster (Symphyotrichum sericeum) regulated habitat in Ontario / Étendue géographique de l’habitat réglementé de l’aster soyeux (Symphyotrichum sericeum) en Ontario – Big Traverse Bay / Grande baie Traverse” that is filed in the office of the Director of the Ministry’s Species at Risk Branch and is identified by the stamp of the Registrar of Regulations dated June 19, 2009, a copy of which may be viewed on the Internet on a website maintained by the Ministry.

2.  This Regulation comes into force three months after the day it is filed.
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