The following comments…

The following comments pertain to the proposal to amend O. Reg. 832/21 (i.e. to shorten the timeframe from 20 to 10 years such that any part of a stream or other watercourse that was used by Redside Dace at any time during the previous 10 years would be considered to be ‘occupied’ habitat under the regulation). We agree that it is important to increase certainty and streamline the permitting processes for Ontarians and that the province should deliver ESA protections where they are needed most. However, the practical implications are unclear.

The following comments/questions are offered for your consideration:

1. The proposal assumes that survey efforts are adequate to conclude that the species is not present. What level of effort is considered sufficient to conclude the species is no longer present?

2. What information sources will MECP rely upon to ascertain when Redside Dace was last recorded in a particular watercourse?

2. According to the National Recovery Strategy for Redside Dace prepared in 2023, the species has not been recorded in several systems since 2009, including Greenock Creek, Irvine Creek, Meux Creek, Saugeen River, and Spencer Creek (see Figure 3. Canadian Distribution of Redside Dace). Will this map suffice for the purpose of determining where Redside Dace is considered present or not?

3. DFO's Aquatic Species At Risk Mapping continues to indicate where Redside Dace is potentially present in the province. Does this mapping supersede provincial datasets and map layers developed by the NHIC?

4. It is worth noting that Black Redhorse was recently confirmed in Fish Creek, a tributary of the Thames River. This large-bodied fish species had remained undetected in this tributary for over 20 years. Therefore, it would not be surprising that relatively small-bodied fish such as Redside Dace can remain undetected for 10 or 20 years.

5. The implications for agriculture, urban development, and recovery planning also remain unclear. If critical habitat or recovery habitat is present, will MECP continue to assert jurisdiction under the ESA and how often will new species occurrence data (or null data) be considered when making such determinations? If not the MECP or DFO, who will ensure that appropriate stream protection measures, stormwater management plans, etc. are implemented to facilitate the reintroduction and recovery of Redside Dace in Ontario?