Posted on July 20, 2022
Ontario’s Ministry of Environment, Conservation and Parks approved a City of Hamilton proposal to resume dredging of Delsey Pond, while still investigating last year’s dredging impacts on endangered species.
Ministry spokesperson Lindsay Davidson confirmed a “Health or Safety Permit” was issued June 29, 2022 to the city under the Endangered Species Act, which requires measures be put in place to protect the Lilliput Mussel.
He said the ministry’s investigation, under the Endangered Species Act, into the 2021 dredging of Delsey Pond and its impacts on species at risk is ongoing, and will determine if prosecution of the city is warranted — but does not prevent the city from resuming dredging.
The city stopped dredging of Delsey Pond in April 2021 after reports of impacts on a variety of wildlife in the pond, including turtles and fish. The ministry launched its investigation in May 2021 after reports of dead Lilliput Mussels in the pond. The Lilliput is considered ‘threatened’ in Ontario.
“As the matter continues to be under investigation, it would be inappropriate to comment further,” Davidson said.
Frances R. Pick, a University of Ottawa biology professor, said residents opposed to the dredging should inform their members of provincial and federal government. She said the volume of letters and emails on the same issue can sometimes be effective.
“I don’t understand why they are allowing work to continue at the site — given presence of this mussel,” Pick said.
She studied storm water ponds as habitat in urban areas, and previously questioned why the city converted the former natural wetland into storm water infrastructure in 2005.
The city’s 2009 design guidelines for storm water facilities states natural wetlands should not be converted into storm water management facilities.
Davidson said the city must retain a “Qualified Professional” to carry out a “mussel salvage and relocation program” and the ministry will monitor the work to ensure permit requirements and conditions are fulfilled.
City staff announced July 7 it planned to resume dredging put on hold last year during the week of July 25, 2022 following fish and wildlife relocation the week of July 18.
Rachel Plotkin of the David Suzuki Foundation said relocation and translocation do not have high success rates for at-risk species.
Plotkin has a master’s degree in environmental studies with expertise in at-risk species.
“The best way to protect and recover species at risk, in most instances, is to protect remaining habitat and restore habitat that has been dredged,” Plotkin said.
She said she’d ask the ministry what it proposes for an ensuing monitoring regime after the mussels are relocated, and for transparent reporting back to the public, and what measures are being put in place to protect habitat.
“How can the ministry claim to be protecting habitat, and allow dredging at the same time?” Plotkin asked.
Ministry spokesperson Gary Wheeler said the ministry will conduct “random, unannounced site visits to verity conditions within the Health or Safety Permit are being complied with.”
Wheeler said the ministry is encouraging the City of Hamilton to keep the public updated on the project.
Anne Bell, director of conservation and education at Ontario Nature, said she’s not familiar with the details of the Delsey Pond investigation, but would like to see a copy of the ministry’s permit.
“The dredging of Delsey Pond is a distressing reminder of the vulnerability of southern Ontario’s few remaining wetlands and the wildlife they harbour,” Bell said. “Despite the laws and policies intended to protect them, their loss and destruction continues.”
Last year, Bell pointed out the province’s Endangered Species Act (ESA) does not distinguish between natural or human-made habitats for species at risk, and even if Delsey Pond is officially considered a stormwater management facility, the act still applies.
“Habitat is habitat, as far as the ESA is concerned,” she said.
