Eastern Foxsnake (Carolinian and Georgian Bay)

Introduction

This chapter provides a review of progress toward protection and recovery of Eastern Foxsnake (Carolinian population and Georgian Bay population) in Ontario from 2007 to 2015.

Species information

Eastern Foxsnake (Pantherophis gloydi) is Ontario’s second largest snake, growing up to 175 centimetres in length. Eastern Foxsnake has a golden to light brown body with large black blotches on its back and small black blotches on its side. The species’ head is a brown to red colour, and its belly is yellow and black.

Eastern Foxsnake exists in two regions of Ontario and is recognized as two distinct populations: the eastern side of Georgian Bay (Georgian Bay population) and the north shore of Lake Erie and southwestern Ontario (Carolinian population). The Carolinian population of the species exists in two separate areas along the north shore of Lake Erie: Long Point and the surrounding Norfolk Sand Plain and the municipalities of Essex, Chatham-Kent and Lambton in the extreme southwest of the province. Eastern Foxsnakes use several habitat types for their various life processes. Mature females lay eggs inside large logs and stumps, and in piles of leaves or wood chips. Eastern Foxsnake hibernates in groups underground in cracks within bedrock, animal burrows or in human-made structures such as old wells or foundations. Generally, Eastern Foxsnake is associated with unforested habitats including old fields, prairies, savannas, shorelines, rock barrens, marshes and beach dunes. The species prefers habitats near shorelines.

Eastern Foxsnake faces several threats to its survival and recovery. The most significant threats to the species are road mortality and habitat loss, degradation and fragmentation. Extensive road networks and increased traffic have increased the risk of road mortality for both populations of Eastern Foxsnake. Habitat loss, degradation and fragmentation are key threats for the Carolinian population where a large percent of Eastern Foxsnake habitat has been converted for agriculture and housing development. Other threats and potential threats to the species include direct persecution by humans, chemical toxins such as dichlorodiphenyltrichloroethane (DDT) and polychlorinated biphenyls (PCB), as well as collection for pets, and predation by species associated with human activities (e.g., racoons).

The survival and recovery of Eastern Foxsnake are influenced by other factors as well. Eastern Foxsnakes travel a significant distance to and from their hibernacula. This travel puts the species at risk of mortality by predators as well as vehicles when the species is crossing roads and/or boat motors when water bodies. In addition, because Eastern Foxsnakes hibernate in large groups, populations are more vulnerable to predation and collection for the pet trade as multiple Eastern Foxsnake can be killed or taken at once.

Eastern Foxsnake (Carolinian population) is listed as endangered, and Eastern Foxsnake (Georgian Bay population) is listed as threatened at the provincial (Species at Risk in Ontario List) level. Eastern Foxsnake (Carolinian population) and Eastern Foxsnake (Georgian Bay population), also known as Eastern Foxsnake (Great Lakes-St. Lawrence population) are both listed as endangered at the federal (Schedule 1 under the Species at Risk Act) level. Globally, the species is considered to be vulnerable.

Provincial status

Prior to the Endangered Species Act, 2007 (ESA or “the Act”), the Committee on the Status of Species at Risk in Ontario (COSSARO) assessed Eastern Foxsnake as threatened. Following this assessment, it was listed as threatened in 2000 and retained this status when the ESA came into force in 2008. COSSARO then re-assessed Eastern Foxsnake, at which point COSSARO identified two distinct populations of the species, the Carolinian population and the Georgian Bay population. Following this assessment, the status of the Carolinian population was amended from threatened to endangered on the Species at Risk in Ontario List in 2009, and the Georgian Bay population retained its status as threatened. In future assessments, COSSARO may consider information gained through protection and recovery actions regarding the species’ threats and trends in population and distribution.

Species and habitat protection

Protecting Eastern Foxsnake (Carolinian population) and Eastern Foxsnake (Georgian Bay population) and its habitat are key components in the implementation of the ESA. Applying these protections and enforcing the regulation protecting the specific habitat of the species continue to be government-led actions, as identified in the government response statement. Eastern Foxsnake has been protected from being killed, harmed, harassed, captured or taken under the ESA, since it came into force in 2008. In addition, the species’ habitat has been protected from being damaged or destroyed; habitat protection has been in place for this species since 2009. Habitat protection for the species was initially based on the general habitat definition in the ESA. The habitat of Eastern Foxsnake is currently protected through a habitat regulation for each population that came into force in 2012. Eastern Foxsnake also receives general protection as a Specially Protected Reptile under Schedule 9 of the Fish and Wildlife Conservation Act, 1997 (FWCA) (no hunting/trapping, approvals required for buying/selling, etc.).

The government developed the habitat regulation (Ontario Regulation 242/08, section 24.3) for Eastern Foxsnake (Carolinian population) and (Ontario Regulation 242/08, section 24.4) for Eastern Foxsnake (Georgian Bay population). The habitat regulations provide clarity to the public and others on what areas are protected as Eastern Foxsnake (Carolinian population) and Eastern Foxsnake (Georgian Bay population) habitat. The regulated habitat includes areas that are required by the species to carry out its life processes (e.g., foraging, basking and hibernation) within its range in Ontario. The habitat regulation was developed based on information regarding the habitat needs of the species as well as social and economic factors, collected from a variety of sources including comments received through public consultation.

Any person who negatively impacts Eastern Foxsnake (Carolinian population) or Eastern Foxsnake (Georgian Bay population) or their habitat without prior authorization may be prosecuted under the ESA.

Recovery strategy

A recovery strategy for Eastern Foxsnake (Carolinian and Georgian Bay populations) was published on September 10, 2010. This was within the timeframe required by the ESA for the Carolinian population and was in advance of the date required by the ESA for the Georgian Bay population. Recovery strategies are advice to government and represent the best available scientific knowledge. The strategy identifies Eastern Foxsnake habitat needs and the threats that it faces, while recommending objectives and approaches for protecting and recovering the species. The recovery strategy also includes recommendations on the areas of habitat to be considered in the development of a habitat regulation.

Government response statement

The Ministry of Natural Resources and Forestry (“MNRF” or “the Ministry”) published the government response statement (GRS) for Eastern Foxsnake (Carolinian and Georgian Bay populations) on June 15, 2011, which was within the timeframe required by the ESA. The GRS is government policy that contains the Government of Ontario’s goal for the recovery of Eastern Foxsnake.

To help achieve this goal, the government leads and supports recovery actions identified in the GRS. Common actions for the government to lead as it works toward achieving a species’ recovery goal are provided in section 2.5 of the Species at Risk Program Status (2008–2015). Two specific actions for the government to lead to help protect and recover Eastern Foxsnake are:

• Develop a protocol to protect hibernating Eastern Foxsnakes (or other snake species at risk) if they are accidentally unearthed; and
• Develop a survey protocol to be used by proponents and partners to detect the presence or absence of Eastern Foxsnakes.

The GRS for Eastern Foxsnake also lists 11 actions for which the Ministry supports others to undertake for the species. These government-supported actions fall under the objectives identified in the GRS, which are:

• Improve knowledge of Eastern Foxsnake distribution, population trends, ecology and habitat use;
• Identify and protect the habitat of Eastern Foxsnakes within their current distribution;
• Reduce mortality of Eastern Foxsnakes by minimizing human-related threats;
• Reduce human persecution of Eastern Foxsnake and promote stewardship; and
• Enhance and restore the availability of habitat for the Eastern Foxsnake (Carolinian population).

Government funded projects

An important government-led action in the GRS for Eastern Foxsnake is to support partners to undertake activities to protect and recover the species. Through the Species at Risk Stewardship Fund, the Ministry has supported a total of 101 projects designed to contribute to the protection and recovery of Eastern Foxsnake in Ontario. A total of $4,551,392 has been provided to stakeholders and conservation groups to carry out stewardship activities for both populations of the species. Of the 101 projects funded by the Ministry, 19 projects involved both populations, 66 involved Eastern Foxsnake (Carolinian population) and 16 involved Eastern Foxsnake (Georgian Bay population).

Of the 19 projects ($1,230,819) that involved both populations of the species, all of the projects targeted multiple species at risk, including both populations of Eastern Foxsnake. In addition to the funding provided through the Species at Risk Stewardship Fund, partners reported that they were successful in securing additional funding ($2,248,269) from other sources. This amount includes additional funding and in-kind support in the form of time and expertise provided by volunteers.

Stewardship partners reported that provincial funding helped them to secure in-kind support by involving 6,078 individuals who volunteered 25,723 hours of their time toward protection and recovery activities for multiple species at risk, including Eastern Foxsnake (Carolinian and Georgian Bay populations), which has an estimated value of $627,725. In addition, the partners reported providing outreach on multiple species at risk including Eastern Foxsnake (Carolinian and Georgian Bay populations) to 665,719 individuals.

Eastern Foxsnake (Carolinian population)

Of the 66 projects ($2,799,291) that involved Eastern Foxsnake (Carolinian population), four projects ($38,738) focused exclusively on the species, while the other 62 projects ($2,760,553) focused on multiple species at risk, including Eastern Foxsnake (Carolinian population). As well, partners were successful in securing additional funding and in-kind support from other sources. Partners focusing exclusively on Eastern Foxsnake (Carolinian population) reported securing $57,689 in additional funding and in-kind support. Partners focusing on multiple species at risk reported securing $5,190,379 in additional funding and in-kind support. These amounts include additional funding and in-kind support in the form of time and expertise provided by volunteers.

Stewardship partners also reported that provincial funding support helped them to involve 35 individuals who volunteered 320 hours of their time toward protection and recovery activities that focused exclusively on Eastern Foxsnake (Carolinian population), which has an estimated value of $6,880. As well, a total of 3,851 individuals volunteered 51,527 hours of their time toward protection and recovery activities for multiple species at risk, which has an estimated value of $1,174,295.

Stewardship partners reported that through both their efforts and the efforts of their volunteers, they were successful in enhancing 4,596 hectares of habitat that is expected to benefit multiple species at risk, including Eastern Foxsnake (Carolinian population). Stewardship partners reported providing focused outreach on Eastern Foxsnake (Carolinian population) to 1,600 individuals, and ecosystem-based outreach on multiple species to 1,113,160 individuals.

Eastern Foxsnake (Georgian Bay population)

Of the 16 projects ($521,282) that involved Eastern Foxsnake (Georgian Bay population), all of the projects targeted multiple species at risk, including Eastern Foxsnake (Georgian Bay population). As well, partners were successful in securing additional funding ($416,587) from other sources. This amount includes additional funding and in-kind support in the form of time and expertise provided by volunteers.

Stewardship partners also reported that provincial funding support helped them to involve 866 individuals who volunteered 9,252 hours of their time toward protection and recovery activities for multiple species at risk, including Eastern Foxsnake, which has an estimated value of $176,553. Stewardship partners reported providing outreach on multiple species at risk to 11,099 individuals.

The Ministry also supports proponents in conducting research that addresses important knowledge gaps for species at risk. Through the Species at Risk Research Fund for Ontario, the Ministry provided funding to two projects to conduct research on evaluating road mitigation efforts for species at risk reptiles.

The remainder of this section highlights projects conducted by partners over multiple years that were supported through the Species at Risk Research Fund for Ontario and the Species at Risk Stewardship Fund and their corresponding government-supported recovery actions.

Through the Species at Risk Research Fund for Ontario, funding contributed to a multi-year study that examined whether mitigation structures resulted in a reduction in abundance of reptiles on the road, while maintaining habitat connectivity and dispersal routes without creating an opportunity for the species to be predated. The study conducted by Baxter-Gilbert et al. (2015) found that flexible-plastic exclusion fencing required regular maintenance, and was ineffective due to rips, holes and washouts causing gaps in the exclusion fencing. The fence also becomes submerged during the spring, allowing reptiles and turtles to cross the barrier. The authors suggest that mitigation measures should be designed to last over the long-term and materials used for exclusion structures should be enduring to ensure that they are effective. This study focused on a multi-species approach in and in close proximity to Eastern Foxsnake (Georgian Bay population), and the results of the study contribute to the GRS action to evaluate mitigation structures for road mortality, not only for Eastern Foxsnake, but reptiles and amphibians as a whole.

A three-year collaborative project in Rondeau Provincial Park is supporting multiple GRS actions for Eastern Foxsnake (Carolinian population). This project is collaboration between Rondeau Provincial Park’s Natural Heritage program, the Friends of Rondeau, Dr. Christina Davy, and Wildlife Preservation Canada. In the first year of funding, surveys were completed using cover boards, where plywood boards are placed on the ground to create favourable conditions for reptiles and amphibians. In total, 1,653 snakes were observed during this study, with Eastern Foxsnake being observed 39 times. The species was typically found in the portion of the park where there was less anthropogenic development. Eastern Foxsnakes were tagged (with PIT tags or decimal coded wire tags) or a radio-transmitter was implanted to help establish baseline population data within the park. By using radio-transmitters, the researchers were able to track four Eastern Foxsnakes (two male and two female) to determine their home ranges and habitat use (such as their hibernacula). In this particular study, female snakes appeared to occupy smaller home ranges during summer than males. These actions support the GRS action to identify locations of hibernacula and other habitat features, as well as the action to conduct studies into the species’ ecology and habitat use. The project also investigated threats to the species such as road mortality and snake fungal disease, directly supporting the GRS action to investigate the scale and significance of threats to the species. Additionally, public outreach was conducted to schools and park visitors in Rondeau Provincial Park. The outreach focused on snake biology and stewardship reaching approximately 923 people and supporting the GRS action to deliver outreach to key stakeholders and schools within the range of Eastern Foxsnake. This project is still ongoing and will continue to contribute to progress toward GRS actions.

For eight consecutive years, the Georgian Bay Biosphere Reserve (GBBR) has received funding to encourage townships, individuals and various organizations to implement best management practices (BMPs) for protecting snake habitat. Since 2010, GBBR has repeatedly conducted multiple workshops for public works and planning staff from four townships and one MNRF district. These workshops have trained over 200 participants on BMPs to promote knowledge of snakes and their habitat, how to integrate these practices into their daily work and how to record sightings of species at risk. GBBR has also hosted workshops and presentations for members of the public, First Nations communities, hunters and anglers, nature clubs, schools and other organizations to encourage them to implement these practices through stewardship work. Since 2008, GBBR staff have held 111 species at risk workshops for over 3,110 people and have interacted with over 1,800 people while running species at risk displays at 30 different events. In addition, GBBR staff have held workshops specifically for cottagers to demonstrate how to use the Eastern Georgian Bay Stewardship Manual, a manual that enables individuals to assess their environmental impact. These outreach opportunities have allowed GBBR staff to promote awareness of local species at risk, their habitat requirements and threats, and to encourage members of the public to get involved in stewardship activities. As a result, GBBR staff have helped individuals and groups do a variety of stewardship work for the Georgian Bay population of Eastern Foxsnake including creation of nesting areas for Eastern Foxsnake with fall leaves and brush, building and maintaining eight nesting boxes for the species and installing species at risk road crossing signs. These efforts have supported significant progress toward multiple GRS actions, including the action to develop and promote best management practices to encourage management of rural landscapes that is compatible with the needs of snake populations.

Species at Risk Stewardship Fund

• 
  $38,738

  for Eastern Foxsnake (Carolinian population) exclusively

• 
  $4,512,654

  for multi-species projects that included Eastern Foxsnake

• 
  $7,912,924

  in additional funding and in-kind support

• 
  101

  projects included the Eastern Foxsnake

• 
  10,830

  volunteers

• 
  86,822

  volunteer hours

• 
  4,596

  hectares of habitat restored

• 
  1,791,578

  people received outreach

Efforts to minimize adverse effects on and create an overall benefit for Eastern Foxsnake

Supporting partners through permits and their associated conditions, is an important government-led action. A total of 35 permits have been issued for Eastern Foxsnake since the species has been protected under the ESA: 27 ‘protection or recovery permits’ (i.e., 17(2)(b) permit), six ‘overall benefit permits’ (i.e., 17(2)(c) permit), and two ‘social or economic benefit to Ontario permits’ (i.e., 17(2)(d) permit).

‘Protection or recovery permits’ are issued if the purpose of the activity is to assist in the protection or recovery of a species at risk. Of the 27 ‘protection or recovery permits’ issued, four permits were issued for multiple species at risk including both populations of Eastern Foxsnake. Additionally, 17 permits were issued for Eastern Foxsnake (Carolinian population), two of which were issued exclusively for the species. Six permits were issued for Eastern Foxsnake (Georgian Bay population) which included other species. These permits enabled a variety of organizations to undertake activities for both populations such as contributing information to the extent of the species’ distribution by conducting surveys for Eastern Foxsnake, evaluating the effectiveness of mitigation measures along roadways or highways, as well as, conducting research on habitat use, dispersal and gene flow.

There have been six ‘overall benefit permits’ (i.e., 17(2)(c) permit) issued for Eastern Foxsnake. Five of these permits were issued for Eastern Foxsnake (Carolinian population), of which three focused exclusively on the species. The remaining permit was issued exclusively for Eastern Foxsnake (Georgian Bay population). Several of the conditions of these permits are designed to implement government-supported actions identified in the GRS including:

• Restoring habitat and protecting habitat through a conservation easement or another mechanism to secure the habitat for long-term protection;
• Creating habitat features such as artificial overwintering hibernacula, egg-laying nesting cribs, thermoregulation rock piles and brush piles and evaluating their effectiveness at enhancing the quality of Eastern Foxsnake (Carolinian population) habitat;
• Developing educational material for new homeowners to promote awareness and tolerance of Eastern Foxsnake; and
• Conducting research that contributes to filling a knowledge gap of Eastern Foxsnake (Georgian Bay population) that is relevant to the protection and recovery of the species.

Other conditions designed to minimize adverse effects included, but are not limited to:

• Providing training and education about Eastern Foxsnake to any persons entering the site including how to identify the species and handling procedures;
• Installing temporary exclusion fencing to prevent Eastern Foxsnake from entering the site;
• Inspecting work areas and equipment daily prior to commencing work to ensure that no Eastern Foxsnakes are present or in harm’s way; and
• Relocating any Eastern Foxsnake encountered within the site to a safe location and seeking medical attention for any injured or diseased individuals if encountered.

Further information regarding ‘overall benefit permits’ is available through Ontario’s Environmental Registry.

Similar to ‘overall benefit permits’, ‘social and economic benefit permits’ authorize a proponent to carry out an activity that would otherwise contravene the ESA, as long as all conditions of the permit are satisfied. Before issuing this type of permit, the Minister must seek advice from a person who is an expert on the effects the activity may have on the species. This person must submit a written report to the Minister on the possible effects of the activity, including the person’s opinion on whether the activity would jeopardize the survival or recovery of the species in Ontario. To issue the permit the Minister must be of the opinion that the activity will not jeopardize the survival or recovery of the species in Ontario, that reasonable alternatives have been considered, and that reasonable steps to minimize adverse effects on the individual members of the species are required by the conditions of the permit.

In 2010, MNRF issued a ‘social and economic benefit permit’ (i.e., section 17(2)(d) permit) under the ESA to the Ontario Ministry of Transportation (MTO) for multiple species at risk, including Eastern Foxsnake. In 2011, a component of the permit was amended. A second social and economic benefit permit was issued for the same project that recognized Eastern Foxsnake as a part of the Carolinian population due to changes on the Species at Risk in Ontario List. The permit was issued for the construction of the Rt. Hon. Herb Gray (‘the Parkway’), a significant component of a bi-national project to enhance international traffic flow at the Windsor-Detroit border crossing.

Conditions of this permit include, but are not limited to:

• Developing an Eastern Foxsnake Management Plan which outlines the methods and techniques MTO will use for carrying out activities related to Eastern Foxsnake, including timing windows, capture and release protocols, habitat creation protocols and designs, and habitat enhancement, restoration and creation methods;
• Retaining a qualified biologist to develop a Snake Monitoring Plan and to monitor and report on the progress on habitat enhancement and creation;
• Installing temporary barriers in advance of construction to keep Eastern Foxsnake out of the construction area and permanent barriers to reduce road mortality for Eastern Foxsnake along the new highway; and
• Enhancing or creating suitable habitat to support Eastern Foxsnake across 110 hectares and creating three new habitat features (i.e., hibernacula, nest boxes, brush piles and thermoregulation features) for every one feature that is damaged or destroyed as a result of the permitted activity.

MTO has undertaken numerous actions to fulfill the conditions of this permit. Through this work, MTO has supported all of the actions listed in the GRS for Eastern Foxsnake.

In association with this permit, MTO has implemented an extensive monitoring and research program for Eastern Foxsnake. This is the largest, longest-term monitoring and research program ever established for Eastern Foxsnake in Canada. Since 2008, over 40,000 hours have been spent monitoring species at risk snakes, including Eastern Foxsnake and Butler’s Gartersnake (Thamnophis butleri). Currently over 600 Eastern Foxsnake are being monitored. This monitoring program is providing extensive baseline biological data on Eastern Foxsnake distribution, abundance, seasonal movement dynamics and habitat use in the Windsor area, including locations of key habitat features such as hibernacula, oviposition (egg-laying) and thermoregulation sites. This work supports much of the GRS actions to develop and implement a collaborative monitoring program, identify the extent of the species’ distribution and to study the species’ habitat use.

The monitoring and research program is also providing valuable information about the potential impacts of large-scale highway construction projects on Eastern Foxsnake and the effectiveness of mitigation measures by examining behavioural and population level responses. As the responses to displacement by construction were unknown, monitoring results have been particularly insightful in elucidating the extent to which permit conditions are effective in mitigating impacts; results that can be used to inform future projects.

To reduce the threat of road mortality, habitat loss and fragmentation for Eastern Foxsnake, a tunnel top over Highway 401 and Highway 3 has been constructed as an ecopassage. Measuring approximately 14,500 square metres (approximately the size of nine NHL hockey rinks), it is the largest ecopassage in the province. The location of the ecopassage was selected based on mortality records for Eastern Foxsnake which identified this location as part of a movement corridor during mating season. The ecopassage also functionally reconnects the Oakwood Natural Area and Spring Garden Natural Area subpopulations of Eastern Foxsnake and will facilitate genetic flow between these core areas to improve population persistence and sustainability for Eastern Foxsnake. A new monitoring system that will be installed on the ecopassage will provide valuable information about the use of this feature. Additionally, MTO is working with the City of Windsor to strategically create and enhance habitat on City owned lands within the Spring Garden Natural Area that will improve habitat connectivity. This work supports the GRS actions to develop, implement and evaluate mitigation measures for human-caused impacts, particularly road mortality, strategically implement habitat-restoration measures, maintain habitat connectivity for the species by working cooperatively with existing landscape-restoration activities and to investigate the scale and significance of threats to the species.

Using an integrated ecosystem approach, MTO has acquired and is actively managing over 100 hectares of tallgrass prairie habitat that includes habitat suitable for Eastern Foxsnake and multiple other species at risk. This work supports the GRS actions to secure lands that contain Eastern Foxsnake.

MTO is also carrying out long term research and monitoring (to the year 2020) that will evaluate the effectiveness of various techniques for enhancing and restoring Eastern Foxsnake habitat. For example, demolition of homes in areas of known Eastern Foxsnake overwintering habitat created an opportunity to modify the Toronto Zoo Hibernacula Construction Plan specification by re-using building materials and placing hibernacula where Eastern Foxsnake had previously hibernated in the former residential dwellings. Monitoring has confirmed that Eastern Foxsnake are now using the created hibernacula. In addition, concrete slabs from demolitions have also been used to create thermoregulation features. This work is providing valuable information to inform other habitat creation work across the province and contributes to the GRS action to evaluate the effectiveness of potential restoration techniques. For example, the modified hibernacula design was used successfully at Point Pelee National Park.

MTO has also implemented several best management practices for land management within the species’ habitat, such as protocols, procedures and timing windows for prescribed burns, mowing protocols, and invasive species management protocols which will help to encourage proper land management practices for Eastern Foxsnake across Ontario, which contributes to the GRS.

Species at risk training has been delivered to over 7,000 personnel working on the project. The positive impacts on people’s behaviour are not limited to this project as workers bring this training to other projects and to their home communities. Associated with the training program is a species at risk hotline number that is provided to anyone working on the project. To date, there have been an estimated 500 calls to the hotline number. There has also been outreach to local residents about Eastern Foxsnake including a celebration of International Snake Day, a workshop, and a multi-use trail on the Parkway which includes interpretive signage on the Eastern Foxsnake and the ecopassage. Collectively, these actions have supported the GRS actions to deliver effective communications and outreach and to develop new strategies that will have a positive impact on people’s behaviours.

A total of 17 agreements were entered into for Eastern Foxsnake. Sixteen of these were for Eastern Foxsnake (Carolinian population) and one was for Eastern Foxsnake (Georgian Bay population). These agreements were enabled through Ontario Regulation 242/08 (prior to the July 1, 2013 amendment). Conditions of the agreements involve implementing actions in the mitigation plan, including, but not limited to:

• Minimizing adverse effects (e.g., identifying sensitive time periods for the species and completing specific activities outside of these times);
• Outlining measures to address incidental encounters to protect individuals, nests, and juveniles; and
• Constructing habitat features in a protected area for the species and submitting a report documenting the work undertaken.

Since 2013, 27 activities that may affect Eastern Foxsnake (Carolinian population) or its habitat have been registered for the purposes of Ontario Regulation 242/08 under the ESA. One activity was registered under ‘Ecosystem protection’ (section 23.11), one activity under ‘Hydro-electric generating stations’ (section 23.12), one activity under ‘Possession for educational purposes, etc.’ (section 23.15), twelve activities under ‘Species protection, recovery actions’ (section 23.17), seven activities under ‘Threats to health and safety, not imminent’ (section 23.18), and five remaining activities were registered under ‘Drainage works’ (section 23.9) respectively. The registrations enabled activities such as conducting ecological conservation work to restore wetland ecosystems, possession of Eastern Foxsnake for the purpose of outreach and education, conducting surveys for snake species at risk to understand the species’ distribution and habitat features, and assessing threats to the species by testing for pathogenic fungi that may cause a skin infection in snakes.

Additionally, 11 activities that may affect Eastern Foxsnake (Georgian Bay population) or its habitat have been registered for the purposes of Ontario Regulation 242/08 under the ESA. One activity was registered under ‘Ecosystem protection’ (section 23.11), four activities were registered under ‘Species protection, recovery activities’ (section 23.17), five activities under ‘Threats to health and safety, not imminent’ (section 23.18), and the remaining activity under ‘Drainage works’ (section 23.9) respectively. The registrations enabled activities such as conducting surveys for Eastern Foxsnake, and evaluating mitigation measures such as ecopassages for species at risk snakes.

Registrations require the registered individual to comply with all conditions of the regulation, such as:

• Creating and implementing a mitigation plan developed by an expert on the species including taking steps to minimize adverse effects on the species and its habitat (e.g., establishing and maintaining a protective zone around terrestrial habitat features such as a nest or hibernaculum);
• Reporting observations of the species to the Ministry using the Rare Species Reporting Form;
• Conducting training related to the species on species and habitat identification, the potential effects of the activity on the species and its habitat and how to minimize adverse effects; and
• Reporting annually on the effectiveness of mitigation actions set out in the plan.

Enforcement

The Ministry protects Eastern Foxsnake and its habitat by ensuring compliance with the ESA. Ministry enforcement officers and other staff undertake regular outreach to help educate individuals on ESA compliance. However, preventative measures may not always be feasible and enforcement staff may issue warnings and direct actions that must be taken for proponents to be in compliance with the Act. From 2008 to December 2015, three convictions were obtained under section 9 and 10 of the ESA for Eastern Foxsnake, with fines ranging from $12,000 to $20,000. The Ministry encourages everyone to report illegal activities involving Ontario’s species at risk.

Guides and resources for Eastern Foxsnake

The Species at Risk Guides and Resources Toolbox is an electronic library of best management practices and technical resources to assist proponents and practitioners in meeting the requirements of the ESA and its regulations. MNRF has recently developed a new BMP document for inclusion in the toolbox.

In 2013, the Ministry developed guidance on ‘Reptile and Amphibian Exclusion Fencing: Best Practices’ to assist landowners, conservation practitioners and environmental consultants to reduce the threats that roadways and associated roadwork pose to amphibians and reptile species at risk and their habitats. More recently, the Ministry has led the development of ‘Best Management Practices for Mitigating the Effects of Roads on Amphibian and Reptile Species at Risk in Ontario’. This document builds on the previous guidance by providing information on exclusion fencing as well as a number of other topics including, the impacts of roads, recommended processes and considerations for avoiding and mitigating impacts, crossing structures, monitoring techniques and supplementary mitigation measures. It also supports two high priority actions in the GRS to develop, implement and evaluate mitigation methods for human-caused impacts, particularly road mortality, and to develop and promote best management practices to encourage management of rural landscapes. As road morality is a main threat to both populations of Eastern Foxsnake, this document provides guidance to help protect the species, which is a primary goal of the GRS.

Developing a survey protocol to be used by proponents and partners to detect the presence or absence of Eastern Foxsnake is included in the GRS as a government-led action. In 2016, the Ministry released the ‘Survey Protocol for Ontario’s Species at Risk Snakes’. This document provides reliable, science-based survey methods for Ontario’s snake species, including Eastern Foxsnake (Carolinian and Georgian Bay populations) and is available upon request at your local MNRF district office. The protocol provides information on survey methodology such as performing a records review, understanding the importance of environmental conditions when surveying, identification of survey sites, survey techniques and time periods and search effort. A recommended survey form is also provided to document each Eastern Foxsnake survey as well as all observations of the species to be considered for inclusion in the official provincial record.

Occurrences of Eastern Foxsnake in Ontario

Natural Heritage Information Centre (NHIC)

The Eastern Foxsnake is found in two regions in Ontario and is recognized as two distinct populations. The Carolinian population is found along the north shore of Lake Erie and southwestern Ontario, and the Georgian Bay population is found along the eastern side of Georgian Bay.

There are 16 local populations^{footnote 1[1]} of Eastern Foxsnake (Carolinian population) that have been documented in Ontario. Fourteen of the 16 local populations are considered extant (i.e., have been observed within the past 20 years), one local population is considered historical^{footnote 2[2]} and one local population is considered extirpated (i.e., no longer in existence).

Since 2008, the Ministry has received approximately 2,959 records of Eastern Foxsnake (Carolinian population). These records are based on observations between 1909 and 2015 and come from a variety of sources. The records have helped to redefine where the species is known and has been known to occur and can provide additional information on its habitat and threats. Two new local populations have been identified based on sightings made prior to 2008. Additionally, three local populations of Eastern Foxsnake (Carolinian population) have been newly-identified since 2008. The newly-identified local populations are a result of increased search effort and education about Eastern Foxsnake (Carolinian population) and may not represent increases to the total population, but rather increased knowledge on the distribution of the species. In addition to the newly-identified local populations, monitoring conducted since 2008 has confirmed the species’ continuing presence at five local populations, one of which was previously thought to be historical. Conversely, one local population is now considered historical as a result of the date that the species was last observed. A change from extant to historical reflects our knowledge of the population and may not be indicative of a change to the population.

The Eastern Foxsnake (Georgian Bay population) is widely-distributed along the shoreline of eastern Georgian Bay. Given the species’ relatively broad distribution and the high volume of records submitted, the species’ occurrence information has been assessed at a landscape scale using 10 by 10 kilometre grid “squares” to approximate the species’ distribution. The Ontario Reptile and Amphibian Atlas uses the same size squares to display species observations within specific time periods. The squares were used to estimate where the species has been recently observed (i.e., has been observed within the past 20 years) as well as squares where the species is considered historical. Using this approach, the species has been recently observed in 34 squares, and there remain ten additional squares that contain historical observations of the species. This equates to a potential range^{footnote 3[3]} of approximately 3,400 square kilometres based on recent observations of the species, and an additional 900 square kilometres based on historical observations.

Since 2008, the Ministry has received approximately 6,365 records of Eastern Foxsnake (Georgian Bay population). These records are based on observations between 1961 and 2014 and come from a variety of sources. The records have helped to redefine where the species is known and has been known to occur and can provide additional information on its habitat and threats. Monitoring conducted since 2008 has confirmed the species’ presence at 24 squares, seven of which were previously thought to be historical. Conversely, one square is now considered historical as a result of the date that the species was last observed. Despite the age of this record, it is likely that the species continues to persist in this area as the habitat has generally remained suitable, but the species may not have been reported, possibly due to its cryptic nature. As a result, there appears to be no change in the range of the species since 2008.

It is possible that there are observations of Eastern Foxsnake that have not been submitted to the Ministry. Encouraging the submission of observations of Eastern Foxsnake to the Ministry is included in the GRS as a government-led action.

Everyone is encouraged, or may be required by an authorization or approval, to submit observations of the Eastern Foxsnake, as well as every other species at risk, to the Ministry’s Natural Heritage Information Centre for incorporation into the provincial record of observations. To ensure that sensitive and detailed species at risk data is only shared when appropriate, the NHIC has developed a protocol for distributing such data. In order to access this type of information, an individual or agency needs to demonstrate a legitimate need to know the information and complete data sensitivity training. According to the NHIC's protocol, an individual or agency has a legitimate need to know if they require the information to inform resource management or land use plans, or to advance scientific studies or the understanding of natural heritage. If all requirements are met, the NHIC issues a Sensitive Data Use License which allows the individual or agency to access the requested information. This protocol aligns with the government-led GRS action to ensure data sensitivity guidelines are put in place to improve information sharing as appropriate.

Summary of progress toward meeting the recovery goal

Summary of progress

Progress has been made toward the majority of government-led actions and all government-supported actions outlined in the GRS for Eastern Foxsnake. The Government of Ontario has directly undertaken actions to:

• Develop a survey protocol to be used by proponents and partners to detect the presence or absence of Eastern Foxsnake;
• Encourage submission of Eastern Foxsnake data to the Natural Heritage Information Centre and ensure appropriate data sensitivity guidelines;
• Protect the species and its habitat through the ESA;
• Support partners to undertake activities to protect and recover the species;
• Establish and communicate annual priority actions for support;
• Educate other agencies and planning authorities on the requirement to consider the protection of the species and its habitat; and
• Undertake communications and outreach to increase public awareness of species at risk in Ontario.

Government-supported actions are organized under overarching recovery objectives. Progress has been made toward all of the government-supported recovery objectives and all of the associated actions that are identified in the GRS for Eastern Foxsnake.

Under the objective to improve knowledge of Eastern Foxsnake distribution, population trends, ecology and habitat use, considerable progress has been made toward components of all of the actions:

• Identify locations of hibernacula, other habitat features and the extent of the species’ distribution (Action No. 1; High Priority);
• Develop and implement a collaborative monitoring program across the species’ Ontario distribution that includes monitoring of hibernacula and co-ordinated road surveys (Action No. 2; High Priority); and
• Conduct studies into the species’ ecology, habitat use and genetics, including a focus on the ecological needs and dispersal pattern of juveniles (Action No. 3).

Collectively, the actions have been implemented through many projects supported by the Species at Risk Stewardship Fund or through conditions of authorizations or registrations, or a combination of those, as well as through Ministry-supported actions such as the development of a survey protocol. Projects have been completed to survey specific areas for Eastern Foxsnake, monitor hibernacula and survey roads in order to identify habitat features and the species’ distribution. Stewardship partners have worked to create guidance for road surveys in order to standardize data to allow for more collaborative monitoring. Research has been completed on habitat features that influence dispersal as well as genetic analysis.

Under the objective to identify and protect the habitat of Eastern Foxsnakes within their current distribution, considerable progress has been made toward all of the actions for Eastern Foxsnake (Carolinian population) and considerable progress has been made toward one of the two actions for Eastern Foxsnake (Georgian Bay population):

• Develop and promote best management practices to encourage management of rural landscapes that is compatible with the needs of snake populations (Action No. 4; High Priority); and
• As opportunities arise, support the securement of lands that contain Eastern Foxsnake sub-populations through existing land securement and stewardship programs (Action No. 5).

The first action has been implemented for both populations through numerous projects supported by the Species at Risk Stewardship Fund, conditions of authorizations and the development of best management practices. Best management practices have been developed and promoted for different target audiences. Conditions of authorizations have supported the second action with respect to the Carolinian population.

Under the objective to reduce mortality of Eastern Foxsnakes by minimizing human-related threats, considerable progress has been made toward all of the actions:

• Develop, implement and evaluate mitigation measures for human-caused impacts, particularly road mortality. These may include:
  • Erecting signs along roads in known areas of high road mortality;
  • Considering temporary road closures during periods of high mortality;
  • Developing and implementing appropriate measures to allow Eastern Foxsnake to safely cross barriers such as roads; or
  • Discouraging the use of mesh silt fences and erosion-control blankets near Eastern Foxsnake habitat (Action No. 6; High Priority); and
• Investigate the scale and significance of threats to the species. This may include studies of the impact of pesticides and other contaminants, illegal collection, road mortality, net or mesh materials and subsidized predators (Action No. 7).

The first action has been addressed by projects supported through the Species at Risk Research Fund for Ontario, the Species at Risk Stewardship Fund, conditions of authorizations and registrations, and the development of government-led best management practices. For example, species crossing signs, exclusion fencing and ecopassages have been erected at particularly high mortality locations. Through the Species at Risk Stewardship Fund and conditions of authorizations and registrations, the second action has been implemented through many projects that have investigated the threat of road morality at particular areas.

Under the objective to reduce human persecution of Eastern Foxsnake and promote stewardship, considerable progress has been made toward all of the actions:

• Evaluate existing communications and outreach approaches and develop new strategies that will have a positive impact on people’s behaviour (Action No. 8); and
• Deliver effective communications and outreach to key stakeholders, including landowners, cottage associations and schools within the range of Eastern Foxsnake (Action No. 9).

The first action has been implemented through several multi-year projects supported by the Species at Risk Stewardship Fund, including a project which traveled to schools and evaluated how knowledge and attitudes toward species at risk reptiles had changed after presentations and hands-on demonstrations. Numerous projects supported by the Species at Risk Stewardship Fund and conditions of authorizations and registrations have made progress toward the second action. Communication materials such as brochures, web communications, calendars and app development have been developed for species at risk reptiles including Eastern Foxsnake.

Under the objective to enhance and restore the availability of habitat for the Eastern Foxsnake (Carolinian population), considerable progress has been made toward all of the actions:

• Evaluate potential restoration techniques and their effectiveness at enhancing the quality of Eastern Foxsnake (Carolinian population) habitat features (e.g., artificial nesting sites, artificial hibernacula and ecological restoration) (Action No. 10); and
• Co-operate with existing landscape-restoration activities to strategically implement habitat restoration measures for the Eastern Foxsnake (Carolinian population) and to maintain connectivity and the availability of a mosaic of habitat types and features (Action No. 11).

The first action has been implemented through a large number of projects supported by the Species at Risk Stewardship Fund and conditions of authorizations. Multiple projects undertaken through the Species at Risk Stewardship Fund for Ontario, conditions of authorizations and registrations have made progress toward the second action.

The recovery goal for Eastern Foxsnake is to ensure the persistence of the species and to maintain the current range of occupancy and connectivity of its habitat within both the Carolinian and Georgian Bay populations. Effort made toward the government-led and government-supported GRS actions has helped to make progress toward this goal. In addition, the provincial record of observations of Eastern Foxsnake is exhibiting trends that are consistent with the GRS recovery goal. Recent observations since 2008 confirm the species continuing presence at a considerable amount of extant local populations within the Carolinian population (57 percent of verified populations) and recently observed squares within the Georgian Bay population (71 percent of verified populations). The species is likely to still be present at the remaining areas or squares (see section 11.1 for additional detail) if the habitat has remained suitable, but may not have been reported or observed due to the cryptic nature of the species. Additional surveys are required to confirm the species presence. Based on the provincial record of observations and effort made toward the GRS actions, the goal to ensure the persistence of the species is tracking positively. Furthermore, three new local populations have been observed since 2008 within the Carolinian population indicating a potential increase in knowledge of the range of the species. The range of the Georgian Bay population does not appear to have changed since 2008. This indicates that both populations are displaying trends that are consistent with the GRS goal to maintain the current range of occupancy. Additionally, substantial efforts have been made to restore habitat connectivity for Eastern Foxsnake, especially within the Windsor area where an ecopassage connects fragmented sub-populations. Maintaining connectivity of habitat is an important aspect of the GRS recovery goal.

Recommendations

As stated in the GRS, the review of progress toward protecting and recovering Eastern Foxsnake can be used to help identify whether adjustments are needed to achieve the protection and recovery of the species. While considerable progress has been made toward many actions, no action is fully completed as progress for many of the actions has been targeted to specific locations. Based on progress to-date, the overall direction provided in the GRS for Eastern Foxsnake should continue to guide protection and recovery actions for the species, particularly actions identified as high priority in the GRS. Relative to actions that have received a high level of support, the following actions have received support to a lesser degree and may be considered in future decisions regarding the protections and recovery of Eastern Foxsnake:

• Although considerable progress has been made toward monitoring of hibernacula, reporting observations of the species at a provincial scale and the co-ordination of road surveys, further work is still needed to implement a collaborative monitoring approach across the species’ Ontario distribution (Action No. 2);
• As new threats emerge for species at risk snakes such as snake fungal disease, further progress could be made toward the action to investigate the scale and significance of threats to the species by conducting research on these topics (Action No. 7); and
• Actions for which progress has been limited should be supported in future implementation planning, such as supporting the securement of lands that contain Eastern Foxsnake populations through existing land securement and stewardship programs, when opportunities arise (Action No. 5). For example, limited progress has been made toward this action for the Georgian Bay population. While progress has been made for the Carolinian population through MTO’s securement of 100 hectares of tallgrass prairie, the action also remains important to the recovery of the Carolinian population due to the complex land-use pressures in southern Ontario.

Moving forward, protecting and recovering Eastern Foxsnake will continue to be a shared responsibility that will require the involvement of many individuals, organizations and communities. Financial support for the implementation of actions may be available through the Species at Risk Stewardship Fund, Species at Risk Research Fund for Ontario or the Species at Risk Farm Incentive Program. The Ministry can also advise if any authorizations under the ESA or other legislation may be required to undertake a project. By working together, progress can continue to be made toward protecting and recovering Eastern Foxsnake in Ontario.

Summary of progress toward the protection and recovery of Eastern Foxsnake (Carolinian and Georgian Bay populations) (2007 to 2015)

Provincial status:

• Prior to its transition to the ESA, Eastern Foxsnake was listed as threatened, but was not regulated under the previous Endangered Species Act. Eastern Foxsnake retained this status under the Endangered Species Act, 2007 (ESA) when it came into effect in 2008. In 2009, the species was split into two newly-listed populations on the Species at Risk in Ontario List: the Carolinian and the Georgian Bay population. The Carolinian population is listed as endangered and the Georgian Bay population is listed as threatened. Both populations of Eastern Foxsnake has been protected from being killed, harmed, harassed, captured or taken under the ESA since 2008, and its habitat has been protected from damage or destruction since 2009. Species and habitat protection continue to apply to both of the newly-listed populations.

Species-specific documents and guidance published by the government:

• Recovery Strategy for Eastern Foxsnake (Pantherophis gloydi) (Carolinian and Georgian Bay populations) (2010)
• Eastern Foxsnake (Carolinian and Georgian Bay populations): Ontario Government Response Statement (2011)
• Eastern Foxsnake (Carolinian population) Habitat Regulation (Ontario Regulation 242/08; 2012)
• Eastern Foxsnake (Georgian Bay population) Habitat Regulation (Ontario Regulation 242/08; 2012)

Government-supported stewardship projects:

• Through the Species at Risk Stewardship Fund, the Ministry of Natural Resources and Forestry (“the Ministry”) has enabled its stewardship partners to conduct a total of 101 projects ($4,551,392) that have supported the protection and recovery of multiple species at risk, including Eastern Foxsnake (Carolinian and Georgian Bay populations). Nineteen projects ($1,230,819) included both populations of Eastern Foxsnake, 66 projects ($2,799,291) were specific to Eastern Foxsnake (Carolinian population) and other species at risk; and the remaining 16 projects ($521,282) targeted multiple species at risk, including Eastern Foxsnake (Georgian Bay population).
• The Ministry’s support helped its stewardship partners to involve 10,830 individuals who volunteered 86,822 hours of their time toward protection and recovery activities for species at risk, including Eastern Foxsnake. The estimated value of these voluntary contributions, as well as additional funding and in-kind support, is $7,912,924.
• Stewardship partners reported that through their actions 4,596 hectares of habitat were enhanced for Eastern Foxsnake and other species at risk that inhabit the same ecosystem.
• Stewardship partners reported providing outreach on multiple species at risk, including Eastern Foxsnake to 1,791,578 individuals.
• Through the Species at Risk Research Fund for Ontario the Ministry has supported a total of two projects that evaluate road mitigation for reptiles and amphibians.

Supporting human activities while ensuring appropriate support for species recovery:

• The Ministry of Natural Resources and Forestry has issued 35 permits for Eastern Foxsnake: 27 ‘protection and recovery permits’ (i.e., 17(2)(b) permit), six ‘overall benefit permits’ (i.e., 17(2)(c) permit), and two ‘social or economic benefit to Ontario permits’ (i.e., 17(2)(d) permit).
• A total of 17 agreements were entered into for Eastern Foxsnake. These agreements were enabled through Ontario Regulation 242/08 (prior to the July 1, 2013 amendment).
• Thirty-eight activities have been registered for Eastern Foxsnake. The activities were registered under ‘Ecosystem protection’ (section 23.11), ‘Hydro-electric generating stations’ (section 23.12), ‘Possession for educational purposes, etc.’ (section 23.15), ‘Species protection, recovery actions’ (section 23.17), ‘Threats to health and safety, not imminent’ (section 23.18), or ‘Drainage works’ (section 23.9) under Ontario Regulation 242/08 of the ESA.

Occurrences and distribution:

• There are 16 local populations of Eastern Foxsnake (Carolinian population) that have been documented along the Lake-Erie-Lake Huron waterway shoreline and tributaries, several islands in Lake Erie and the Detroit River-Lake St. Clair. Currently, 14 of these local populations are extant, whereas one is considered historical and the remaining one is considered extirpated. Since 2008, the status of one local population has changed from extant to historical based on the date that it was last observed, while one local population changed from historical to extant as observations of the species were confirmed through monitoring efforts. Additionally, three local populations of Eastern Foxsnake (Carolinian population) have been newly-identified since 2008, and an additional two local populations have been identified based on sightings made prior to 2008.
• Eastern Foxsnake (Georgian Bay population) has been recently observed in 34 squares, and there are 10 additional squares that contain historical observations of the species along the shoreline of eastern Georgian Bay. Since 2008, one square is now considered historical based on the date the species was last observed, while seven areas that were previously considered historical have been recently confirmed.

Related Information

• Categorizing and Protecting Habitat under the Endangered Species Act
• Habitat Regulation Summaries for Eastern Foxsnake (Carolinian and Georgian Bay population)
• Natural Heritage Information Centre
• Ontario’s Endangered Species Act
• Ontario’s Endangered Species Act Regulation 242/08
• Ontario Recovery Strategy and Government Response Statement for Eastern Foxsnake (Carolinian and Georgian Bay population)
• Policy Guidance on Harm and Harass under the Endangered Species Act
• Species at Risk in Ontario List
• Species at Risk Stewardship Fund

References

Baxter-Gilbert, J.H., J.L.,Riley, D., Lesbarrères, and J.D. Litzgus. 2015. Mitigating Reptile Road Mortality: Fence Failures Compromise Ecopassage Effectiveness. PLoS ONE 10(3): e0120537.

COSEWIC. 2008. COSEWIC assessment and update status report on the Eastern Foxsnake Elaphe gloydi, Carolinian population and Great Lakes/St. Lawrence population, in Canada. Committee on the Status of Endangered Wildlife in Canada. Ottawa. vii + 45 pp.