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Altering a Barn Swallow's habitat

Altering a Barn Swallow's habitat

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Published by jamie_long6959
Ministry of Natural Resources rules and regulations for altering a structure or habitat for a barn swallow or chimney swift.
Ministry of Natural Resources rules and regulations for altering a structure or habitat for a barn swallow or chimney swift.

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Published by: jamie_long6959 on Jun 18, 2013
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06/18/2013

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Alter a Structure that is Habitat forBarn Swallow or Chimney Swift
INTRODUCTION
The Ministry o Natural Resources isstreamlining and automating its approvalsprocesses or natural resource-relatedactivities with the goal o providingindividuals and businesses with aster andmore efcient service delivery.This act sheet provides inormation aboutregulatory provisions under the EndangeredSpecies Act (ESA) or the repair,maintenance and demolition o an existingstructure that is habitat or Barn Swallowand Chimney Swit.The ESA provides protection or threatenedor endangered species in Ontario. Someactivities that would otherwise contravenethe ESA may be eligible to proceedwithout a permit rom the Ministry o Natural Resources provided that regulatoryconditions or the ongoing protection o species at risk and their habitats are met.
 ACTIVITIES AFFECTING EXISTINGSTRUCTURES: BARN SWALLOW ANDCHIMNEY SWIFT HABITAT
A permit under the ESA is not required oractivities aecting existing structures thatare habitat or Barn Swallow and ChimneySwit i the individual or business registerswith the Ministry o Natural Resources andollows the rules in regulation.
 What activities are eligible to proceed without a permit?
�
Activities that are part o therepair, maintenance, modifcation,replacement, or demolition o anexisting structure that provides habitator Barn Swallow or Chimney Swit.
�
Activities that would damage or destroyhabitat that is not part o the existingstructure are
not
eligible.
 
 
2 Alter a Structure that is Habitat for Barn Swallow or Chimney Swift
 What are the rules in regulation?
Persons undertaking eligible activitiesmust register with the Ministry o NaturalResources registry called Notice o Activityand Other Notices under the ESA, andselect the option Barn Swallow andChimney Swit – Activities in built structuresthat are habitat.A person carrying out an eligible activity on
barn swallow
habitat must:
�
Create replacement habitat includingbuilding new structures or installingnest cups as required, i nests willbe removed, damaged or destroyedor nesting area will be lost rom thebuilding or structure.
�
Create, update, and retain a barnswallow mitigation and restorationrecord.
�
Monitor and report annually on theeectiveness o created habitat.A person carrying out an eligible activity on
chimney swift
habitat must:
�
Create replacement habitat, i thechimney will no longer be suitable ashabitat.
�
Enhance the existing habitat i thechimney will be unavailable to chimneyswit or one season but will still remainequally suitable as habitat.
�
Create, update, and retain a chimneyswit mitigation and restoration record.
�
Monitor and report annually on theeectiveness o the created habitat.Please reer to
Legal/Technical Background
below or a summary o the regulation.
LEGAL/TECHNICAL BACKGROUND
 Activities on Existing Structures:
Barn Swallow and Chimney Swift Habitat

The ollowing is a summary o conditions inthe regulation that must be ulflled to alloweligible activities, and is or inormationpurposes only. Please reer to O.Reg.242/08 sections 23.5 and 23.8 at
e-laws.gov.on.ca
or the ull legal text.
Summary of Conditions for Barn Swallow
General Conditions:
�
Any nests removed rom the structure,or that will be damaged or destroyed asa result o the activity must be replacedwith a nest cup on one o the ollowinglocations:
�
a part o the structure that will notbe aected by the activity and issuitable or nesting.
�
a dierent structure that is suitableor barn swallow nesting within 1km o the structure.
�
a new structure created or modifedto be made suitable or barnswallow nesting.
�
For any nesting habitat removed romthe structure as a result o the activity,such as demolition, a greater amount o suitable nesting area must be createdby:
�
building replacement structures, or
�
modiying other nearby structuresso they are suitable or barnswallow.
�
These other structures must be with1 km o the site and within 500 m o oraging habitat accessible to barnswallow.
 
 
3 Alter a Structure that is Habitat for Barn Swallow or Chimney Swift
Avoiding the Barn Swallow Active Season
The barn swallow active season is romabout the beginning o May until the endo August o each year. This period o time should be avoided when carrying outactivities.The regulation does allow or activities tooccur during the barn swallow activeseason i:
�
measures are taken to keep barnswallow away rom the parts o thestructure aected by the activity
�
nests on the structure are removed priorto the active season and replaced withnest cups as above
�
alternative habitat is made available orbarn swallow by the beginning o Mayo the year the activity begins.
Effectiveness Monitoring:
�
Monitoring o replacement nestingstructures must be done at least once ayear or a period o three years at eachlocation and include:
�
the number and location o newnests
�
an estimate o the number o barnswallow using the structure.
�
Results o monitoring must be reportedto the Ministry within 3 months o completing monitoring each year.
Barn swallow mitigation and restorationrecords:
�
Must be completed beore the activitybegins and include steps to minimizeadverse eects including:
�
the number, location, anddescription (nest cup or natural nesti applicable) o the barn swallownests present on the structure
�
the amount o suitable nesting areaprovided by the structure
�
updated as required.
�
In addition, observations o barnswallow must be reported to theNatural Heritage Inormation Centrewithin three months o completion o the monitoring. A Species ReportingForm is available on the Ministrywebsite at
.
Summary of Conditions for Chimney Swift
General Conditions:
�
The person must create new habitat orchimney swit i, as a result o carryingout the activity, a chimney that provideshabitat or chimney swit:
�
will be destroyed;
�
will be altered so that it no longerprovides suitable conditions orprovides a smaller area; or
�
will be unavailable or chimney switor more than one chimney switactive season.
Avoiding the Chimney Swift Active Season
The chimney swit active season is romabout the end o April until the middleo October o each year. This period o time should be avoided when carrying outactivities. The regulation does allow oractivities to occur during the chimney switactive season i:
�
measures are taken to keep chimneyswit away rom the chimney during theactivity
�
alternative habitat i required is madeavailable or chimney swit by the end o April o the year the activity will begin.

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