Wildlife Considerations for the Quill Lake Flood Mitigation – Diversion of Kutawagan Creek

Compilation of wildlife considerations included review of the Saskatchewan Conservation Data Center, Beyersbergen, and Norton (2005), the Important Bird Areas website and associated documents, the Environment Canada Species at Risk Registry and the Ministry of Environment Recommended Activity Guidelines for Sensitive Species.

Activity restrictions and legal considerations:

1. Species at Risk Act: Includes specific prohibitions to prevent harm, harassment or killing of individuals (s. 32), damage or destruction of residences (s. 33) or destruction of Critical Habitat (s. 58) for species listed as Threatened, Endangered or Extirpated. For avian species included under the Migratory Bird Convention Act, these prohibitions apply to all lands (provincial, private and federal). Species listed as Special Concern are recognized within SARA but there are no specific legal prohibitions; however, some may have recommended activity setback distances.
2. Migratory Bird Convention Act (MBCA): Provides protection to Migratory Birds and their habitat throughout Canada. The specific prohibitions in this legislation include: no disturbance, destruction, capture or take (of nest, egg) of a migratory bird species (s. 5, s. 6) and no disposition of harmful substances into any waters or area frequented by migratory birds (s. 35). This includes the prohibition of incidental take of a migratory species (individual or nest). Currently, there is no permitting process under this Act; rather, proponents are directed to develop Best Management Plans (BMPs) to reduce impacts. A large part of the BMPs include temporal and distance setbacks which are outlined by both Environment Canada and the Saskatchewan Ministry of Environment (note: in some cases, EC and MoE do not have the same recommendations for temporal and distance setbacks; it’s up to the proponent to determine which is most appropriate).
3. Ministry of Environment Activity Restriction Guidelines for Sensitive Species: These setbacks are not supported by an enabling piece of legislation as such the setback distances and temporal restrictions are recommended guidelines for industry. They provide a complementary resource for the development of appropriate BMPs for the MBCA or SARA. The general feedback that I’ve been provided is that if the setbacks cannot not be abided by (for non-listed species or species of special concern) then a mitigation plan to reduce the impacts should be developed. For Northern Leopard Frogs, the preferred mitigation is translocation. For other species, it depends on the proposed intensity and duration of the activity.
4. Important Bird Area and Western Hemisphere Shorebird Reserve Network Sites. These designations represent areas with high ecological and/or conservation value but do not carry specific legal prohibitions.
   1. Important Bird Areas – Is a science based initiative to identify, conserve and monitor sites that provide important habitat for Canada’s bird populations. Important Bird Areas (IBAs) are discrete sites that support specific groups of birds: threatened birds, large groups of birds, and birds restricted by range or by habitat. Sites are identified using criteria that are internationally agreed upon, standardized, quantitative, and scientifically defensible.
   2. Western Hemisphere Shorebird Reserve Network Site – Provides an international strategy for identifying, monitoring and conserving important shorebird habitat throughout South America, Central America and North America. The Kutawagan Lake Complex would qualify for a site of Regional Importance. Similar to the IBA, there is a standardized criteria used to determine sites.

Wildlife species considerations for this site

1. Forster’s Tern – The CDC records indicate that a colony has been suspected in at least 1 year since 1986. It seems probable that this site supports a colony of Forster’s Terns. However, input from Duck Unlimited Staff or a site visit may confirm the current status of this colony or those of other colonial species (Franklin’s Gulls, Black Terns, Black Crowned Night Herons etc).
   1. Habitat Impacts: Potentially positive or neutral impacts associated with change in habitat; but will depend on details of selected option.
   2. Construction Considerations: Low level risk for fall construction; summer activity setbacks will apply (Table 1). However, consideration of potential colony habitat should be considered as it relates to the MBCA (colony sites are considered nesting sites year round).
2. Whooping Crane – The CDC indicates an observation for Whooping Crane at this site. The Whooping Crane is listed as an Endangered species under the Species at Risk Act and Critical Habitat has been identified to include only the breeding sites at Wood Buffalo National Park, NWT. The CDC observation is supported by additional information provided in the Whooping Crane SARA Recovery Strategy. This recovery document indicates that this site falls within the known migratory route for this species and the Kutawagan Lake complex has been identified as a potential fall stopover site. Due to the ephemeral nature of prairie wetland complexes and inconsistent annual use by Whooping Cranes, it is difficult to predict which wetlands might be used in any given year. As such, wetland complexes that have repeated use have not currently been identified as Critical Habitat. Fall surveys would provide additional information as to annual use of this site by Whooping Cranes.
   1. Habitat Impacts: Unknown if altered hydrology will change or alter suitability.
   2. Construction Considerations: If species is present, there are multiple considerations related to SARA, MBCA and there are significant setbacks for fall construction (Table 1).
3. Piping Plover – The CDC includes the data from the 5-year international census (1991-2011). The data indicates that Piping Plovers were observed at this site in 1991; but, the CDC indicates that suitable habitat has not been available at this site since 1996. However, Beyersbergen and Norton (2005), observed a single in 2001 and 2 birds in 2002 with no evidence of nesting. This site is not listed in the areas identified as proposed Critical Habitat. Surveys of the site will provide additional information regarding current use of this site by Piping Plovers. If this species is present summer activity restrictions apply to this species; please see Table 1.
   1. Habitat Impacts: Potentially negative impacts associated with flooding of potential habitat; details of selected option may provide more quantitative evaluation of potential impacts.
   2. Construction Considerations: If the species is present, there will be summer activity setbacks but should not impact fall construction (Table 1).

4. Eared Grebe – An Eared Grebe nesting colony has been noted within the Important Bird Area information; however, the location of the colony was not recorded. Surveys could provide additional data as to the current status of this colony and the location. Activity restrictions apply to this species; please see Table 1.
   1. Habitat Impacts: Unknown if altered hydrology will change suitability.
   2. Construction Considerations: If a colony is present, there will be summer activity setbacks but should not impact fall construction (Table 1). However, consideration of potential colony habitat should be considered as it relates to the MBCA (colony sites are considered nesting sites year round).
5. Migratory Bird Congregation Site.

The site is currently listed as an Important Bird Area of National Significance and has been identified as having Regional and Local Priority Migratory Bird Habitat (Poston et. al. 1991). This site has been documented to support 15,000 moulting and staging ducks and other waterfowl in the late summer and fall. Additionally, it supports a locally important site for breeding and staging geese. Kutawagan Lake has been documented to support 27 shorebird species, including 9 prairie breeding species and 18 northern migrant species (Beyersbergen and Norton 2005). Beyersbergen and Norton (2005), documented up to 35,000 shorebird individuals. The migration was numerically dominated by Red-necked Phalaropes with up to 21,000 individuals being documented at this site. The next most abundant species included: Semipalmated Sandpipers (~5700 individuals), Stilt Sandpipers (5600 individuals), Least Sandpipers (~1050 individuals) and Baird’s Sandpipers (~2040 individuals). The high number of birds using this site qualifies the area for designation as a Regional Level shorebird site under the Western Hemisphere Shorebird Reserve Network; however, it has not currently received this designation.

1. Habitat Impacts: Potentially positive or neutral impacts associated with change in habitat.
2. Construction Considerations: Will need to consider fall setback distances (Table 1). However, once details of construction are provided a mitigation strategy to reduce impacts could be developed.

Additional Species of significance that may occur at this site:

1. Northern Leopard Frogs. Are not currently included within any of the observational or occurrence data provided in the CDC or other resources. However, there may be suitable breeding and/or overwintering habitat in the Kutawagan Lake Complex. Surveys of the area can better inform the current occurrence of this species at this site. This species is listed under the Species at Risk Act as a Species of Special Concern; therefore, there are no specific prohibitions regarding harm to the individual/residence (s. 32) or destruction of Critical Habitat (s. 58). However, Northern Leopard Frogs are included within the SK MoE Activity Restriction Guidelines for Sensitive Species (Table 1). Currently, the Activity Guidelines are not supported by any enabling legislation; as such these setback distances are recommended best practices for industry. The recommended mitigation for avoiding and minimizing impacts to Northern Leopard Frogs when the Activity Guidelines can’t be met is translocation. WSA has employed these mitigation activities during construction along the Upper Qu’Appelle River in order to demonstrate due diligence with respect to industry standards, however it is not currently a legal requirement.
   1. Habitat Impacts: Potentially positive or neutral impacts associated with change in habitat.
   2. Construction Considerations: Moderate risk for fall construction as setback distances applies. However, once details of construction are provided a mitigation strategy to reduce impacts can be developed.

^* Please note that this indicates importance based on Poston et al. 1991. Priority Migratory bird Habitats of Canada’s Prairie Provinces. There are no particular regulatory restrictions. The associated restriction guidelines are from the Saskatchewan Ministry of Environment Activity Restriction Guidelines.