Acadian Flycatcher (Empidonax Virescens) In Ontario Ontario Recovery .

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Photo: Mike Burrell Acadian Flycatcher (Empidonax virescens) in Ontario Ontario Recovery Strategy Series Recovery strategy prepared under the Endangered Species Act, 2007 2016 Ministry of Natural Resources and Forestry

About the Ontario Recovery Strategy Series This series presents the collection of recovery strategies that are prepared or adopted as advice to the Province of Ontario on the recommended approach to recover species at risk. The Province ensures the preparation of recovery strategies to meet its commitments to recover species at risk under the Endangered Species Act, 2007 (ESA) and the Accord for the Protection of Species at Risk in Canada. What is recovery? What’s next? Recovery of species at risk is the process by which the decline of an endangered, threatened, or extirpated species is arrested or reversed, and threats are removed or reduced to improve the likelihood of a species’ persistence in the wild. Nine months after the completion of a recovery strategy a government response statement will be published which summarizes the actions that the Government of Ontario intends to take in response to the strategy. The implementation of recovery strategies depends on the continued cooperation and actions of government agencies, individuals, communities, land users, and conservationists. What is a recovery strategy? Under the ESA a recovery strategy provides the best available scientific knowledge on what is required to achieve recovery of a species. A recovery strategy outlines the habitat needs and the threats to the survival and recovery of the species. It also makes recommendations on the objectives for protection and recovery, the approaches to achieve those objectives, and the area that should be considered in the development of a habitat regulation. Sections 11 to 15 of the ESA outline the required content and timelines for developing recovery strategies published in this series. Recovery strategies are required to be prepared for endangered and threatened species within one or two years respectively of the species being added to the Species at Risk in Ontario list. Recovery strategies are required to be prepared for extirpated species only if reintroduction is considered feasible. For more information To learn more about species at risk recovery in Ontario, please visit the Ministry of Natural Resources and Forestry Species at Risk webpage at: www.ontario.ca/speciesatrisk

Recovery Strategy for the Acadian Flycatcher (Empidonax virescens) in Ontario Recommended citation Ontario Ministry of Natural Resources and Forestry. 2016. Recovery Strategy for the Acadian Flycatcher (Empidonax virescens) in Ontario. Ontario Recovery Strategy Series. Prepared by the Ontario Ministry of Natural Resources and Forestry, Peterborough, Ontario. v 5 pp. Appendix. Cover illustration: Photo by Mike Burrell Queen’s Printer for Ontario, 2016 ISBN 978-1-4606-8986-8 (HTML) ISBN 978-1-4606-8990-5 (PDF) Content (excluding the cover illustration and images in the appended federal recovery strategy) may be used without permission, with appropriate credit to the source. Cette publication hautement spécialisée « Recovery strategies prepared under the Endangered Species Act, 2007 », n’est disponible qu’en anglais en vertu du Règlement 411/97 qui en exempte l’application de la Loi sur les services en français. Pour obtenir de l’aide en français, veuillez communiquer avec recovery.planning@ontario.ca. i

Recovery Strategy for the Acadian Flycatcher (Empidonax virescens) in Ontario Acknowledgments We thank Jody Allair and Audrey Heagy of Bird Studies Canada, and Chris Risley and Sarah McGuire of Ontario Ministry of Natural Resources and Forestry, for providing information that assisted in the development of this recovery strategy addendum. ii

Recovery Strategy for the Acadian Flycatcher (Empidonax virescens) in Ontario Declaration The recovery strategy for the Acadian Flycatcher (Empidonax virescens) was developed in accordance with the requirements of the Endangered Species Act, 2007 (ESA). This recovery strategy has been prepared as advice to the Government of Ontario, other responsible jurisdictions and the many different constituencies that may be involved in recovering the species. The recovery strategy does not necessarily represent the views of all of the individuals who provided advice or contributed to its preparation, or the official positions of the organizations with which the individuals are associated. The goals, objectives and recovery approaches identified in the strategy are based on the best available knowledge and are subject to revision as new information becomes available. Implementation of this strategy is subject to appropriations, priorities and budgetary constraints of the participating jurisdictions and organizations. Success in the recovery of this species depends on the commitment and cooperation of many different constituencies that will be involved in implementing the directions set out in this strategy. Responsible jurisdictions Ontario Ministry of Natural Resources and Forestry Environment and Climate Change Canada – Canadian Wildlife Service, Ontario Parks Canada Agency iii

Recovery Strategy for the Acadian Flycatcher (Empidonax virescens) in Ontario Executive summary The Endangered Species Act, 2007 (ESA) requires the Minister of Natural Resources and Forestry to ensure recovery strategies are prepared for all species listed as endangered or threatened on the Species at Risk in Ontario (SARO) List. Under the ESA, a recovery strategy may incorporate all or part of an existing plan that relates to the species. The Acadian Flycatcher (Empidonax virescens) is listed as endangered on the SARO List. The species is also listed as endangered under the federal Species at Risk Act (SARA). Environment Canada prepared the Recovery Strategy for the Acadian Flycatcher (Empidonax virescens) and the Hooded Warbler (Wilsonia citrina) in Canada in 2012 to meet its requirements under the SARA. The portions of the recovery strategy relevant to the Acadian Flycatcher are hereby adopted under the ESA. With the additions indicated below, the enclosed strategy meets all of the content requirements outlined in the ESA. The Critical Habitat section of the federal recovery strategy provides an identification of critical habitat (as defined under the SARA). Identification of critical habitat is not a component of a recovery strategy prepared under the ESA. However, it is recommended that the approach used to identify critical habitat for the Acadian Flycatcher in the federal recovery strategy be considered when developing a habitat regulation under the ESA. Since the publication of the federal recovery strategy in 2012, many observations of Acadian Flycatcher have been reported at new locations in southern Ontario not contained in Ontario’s Natural Heritage Information Centre database or identified as critical habitat. Ontario’s Natural Heritage Information Centre has not yet processed these records, but there is a high probability they will become element occurrences in the near future, pending verification. The new locations for Acadian Flycatcher, in addition to those that are currently proposed as critical habitat for the Acadian Flycatcher in the federal recovery strategy for the Acadian Flycatcher in Canada (Environment Canada 2012), should also be considered in developing a habitat regulation for this species. iv

Recovery Strategy for the Acadian Flycatcher (Empidonax virescens) in Ontario Table of contents Recommended citation . i Acknowledgments.ii Declaration . iii Responsible jurisdictions . iii Executive summary .iv Adoption of federal recovery strategy . 1 Species assessment and classification . 1 Distribution, abundance and population trends . 2 Area for consideration in developing a habitat regulation. 2 Glossary . 3 References . 5 Appendix 1. Recovery strategy for the Acadian Flycatcher (Empidonax virescens) and the Hooded Warbler (Wilsonia citrina) in Canada. 6 v

Recovery Strategy for the Acadian Flycatcher (Empidonax virescens) in Ontario Adoption of federal recovery strategy The Endangered Species Act, 2007 (ESA) requires the Minister of Natural Resources and Forestry to ensure recovery strategies are prepared for all species listed as endangered or threatened on the Species at Risk in Ontario (SARO) List. Under the ESA, a recovery strategy may incorporate all or part of an existing plan that relates to the species. The Acadian Flycatcher (Empidonax virescens) is listed as endangered on the SARO List. The species is also listed as endangered under the federal Species at Risk Act (SARA). Environment Canada prepared the Recovery Strategy for the Acadian Flycatcher (Empidonax virescens) and the Hooded Warbler (Wilsonia citrina) in Canada in 2012 to meet its requirements under the SARA. The portions of this recovery strategy relevant to the Acadian Flycatcher are hereby adopted under the ESA. With the additions indicated below, the enclosed strategy meets all of the content requirements outlined in the ESA. Species assessment and classification Table 1. Species assessment and classification of the Acadian Flycatcher (Empidonax virescens). The glossary provides definitions for the abbreviations within, and for other technical terms in this document. Assessment Status SARO list classification Endangered SARO list history Endangered (2008), Endangered – Not Regulated (2004) COSEWIC assessment history Endangered (2010, 2000, 1994) SARA schedule 1 Endangered Conservation status rankings GRANK: G5 NRANK: N2N3B SRANK: S2S3B The federal recovery strategy includes information on the Hooded Warbler. The Hooded Warbler is not a species at risk in Ontario. 1

Recovery Strategy for the Acadian Flycatcher (Empidonax virescens) in Ontario Distribution, abundance and population trends Sections 3.2 and 7.2 of the federal recovery strategy for the Acadian Flycatcher and Hooded Warbler (Appendix 1) provide a description of the populations, distribution and critical habitat of Acadian Flycatcher in Ontario. Since the publication of the federal recovery strategy in 2012, many observations of Acadian Flycatcher have been reported at locations in southern Ontario not identified as critical habitat (Heagy 2013, Allair et al. 2015, and Natural Heritage Information Centre unpublished observations). Ontario’s Natural Heritage Information Centre (NHIC) has not yet processed these records, but there is a high probability some of them will become element occurrences. The locations on the following list may be outside the designated critical habitat shown in Appendix 2 of the federal recovery strategy for the Acadian Flycatcher and the Hooded Warbler (Appendix 1) and should be considered in developing a habitat regulation for this species. New locations of Acadian Flycatcher that have been reported to the NHIC since the federal recovery strategy was published are listed below. The following are recent observations in their known distribution that may become new element occurrences: Durham Regional Municipality – one location Elgin County – three locations Essex County – one location Grey County – one location Halton Regional Municipality – one location Lambton County – three locations Middlesex Regional Municipality – one location Norfolk County – six locations York Regional Municipality – two locations These new locations should be considered when the Ontario Ministry of Natural Resources and Forestry proposes a habitat regulation. Area for consideration in developing a habitat regulation Under the ESA, a recovery strategy must include a recommendation to the Minister of Natural Resources and Forestry on the area that should be considered in developing a habitat regulation. A habitat regulation is a legal instrument that prescribes an area that will be protected as the habitat of the species. The recommendation provided below will be one of many sources considered by the Minister, including information that may become newly available following completion of the recovery strategy, when developing the habitat regulation for this species. The Critical Habitat section of the federal recovery strategy provides an identification of critical habitat (as defined under the SARA). Identification of critical habitat is not a component of a recovery strategy prepared under the ESA. However, it is recommended that the approach used to identify critical habitat for the Acadian 2

Recovery Strategy for the Acadian Flycatcher (Empidonax virescens) in Ontario Flycatcher in the federal recovery strategy be considered when developing a habitat regulation under the ESA. Pending verification, the locations of Acadian Flycatcher noted above, beyond what are currently proposed as critical habitat in the federal recovery strategy for the Acadian Flycatcher in Canada (Environment Canada 2012), should also be considered in developing a habitat regulation for this species. Glossary Committee on the Status of Endangered Wildlife in Canada (COSEWIC): The committee established under section 14 of the Species at Risk Act that is responsible for assessing and classifying species at risk in Canada. Committee on the Status of Species at Risk in Ontario (COSSARO): The committee established under section 3 of the Endangered Species Act, 2007 that is responsible for assessing and classifying species at risk in Ontario. Conservation status rank: A rank assigned to a species or ecological community that primarily conveys the degree of rarity of the species or community at the global (G), national (N) or subnational (S) level. These ranks, termed G-rank, N-rank and S-rank, are not legal designations. Ranks are determined by NatureServe and, in the case of Ontario’s S-rank, by Ontario’s Natural Heritage Information Centre. The conservation status of a species or ecosystem is designated by a number from 1 to 5, preceded by the letter G, N or S reflecting the appropriate geographic scale of the assessment. The numbers mean the following: 1 critically imperilled 2 imperilled 3 vulnerable 4 apparently secure 5 secure NR not yet ranked Element Occurrence: The basic unit of record for documenting and delimiting the presence and extent of a species on the landscape. It is an area of land and/or water where a species is, or was, present, and which has practical conservation value. Endangered Species Act, 2007 (ESA): The provincial legislation that provides protection to species at risk in Ontario. Species at Risk Act (SARA): The federal legislation that provides protection to species at risk in Canada. This act establishes Schedule 1 as the legal list of wildlife species at risk. Schedules 2 and 3 contain lists of species that at the time the Act came into force needed to be reassessed. After species on Schedule 2 and 3 are reassessed and found to be at risk, they undergo the SARA listing process to be included in Schedule 1. 3

Recovery Strategy for the Acadian Flycatcher (Empidonax virescens) in Ontario Species at Risk in Ontario (SARO) List: The regulation made under section 7 of the Endangered Species Act, 2007 that provides the official status classification of species at risk in Ontario. This list was first published in 2004 as a policy and became a regulation in 2008. 4

Recovery Strategy for the Acadian Flycatcher (Empidonax virescens) in Ontario References Allair, J., B. Stewart, M. Falconer, S. Dobney, and D. Tozer. 2015. Forest Birds at Risk in the Carolinian Forest of Southwestern Ontario 2014 Report including 4-year Summary. Unpublished report, Bird Studies Canada. 24 pp. Environment Canada. 2012. Recovery Strategy for the Acadian Flycatcher (Empidonax virescens) and the Hooded Warbler (Wilsonia citrina) in Canada. Species at Risk Act Recovery Strategy Series. Environment Canada, Ottawa. viii 32 pp. Heagy, A. 2013. Ontario Forest Birds and Risk: 2012 Acadian Flycatcher Surveys. Unpublished report, Bird Studies Canada. 11 pp. 5

Recovery Strategy for the Acadian Flycatcher (Empidonax virescens) in Ontario Appendix 1. Recovery strategy for the Acadian Flycatcher (Empidonax virescens) and the Hooded Warbler (Wilsonia citrina) in Canada 6

Species at Risk Act Recovery Strategy Series Recovery Strategy for the Acadian Flycatcher (Empidonax virescens) and the Hooded Warbler (Wilsonia citrina) in Canada Acadian Flycatcher and Hooded Warbler 2012

Recommended citation: Environment Canada. 2012. Recovery strategy for the Acadian Flycatcher (Empidonax virescens) and the Hooded Warbler (Wilsonia citrina) in Canada. Species at Risk Act Recovery Strategy Series. Environment Canada, Ottawa, Ontario. viii 32 pp. For copies of the recovery strategy, or for additional information on species at risk, including COSEWIC Status Reports, residence descriptions, action plans, and other related recovery documents, please visit the Species at Risk (SAR) Public Registry (www.sararegistry.gc.ca). Cover illustrations: Acadian Flycatcher: Michael Patrikeev Hooded Warbler: U.S. Fish and Wildlife Service Également disponible en français sous le titre « Programme de rétablissement du Moucherolle vert (Empidonax virescens) et de la Paruline à capuchon (Wilsonia citrina) au Canada » Her Majesty the Queen in Right of Canada, represented by the Minister of the Environment, 2012. All rights reserved. ISBN 978-1-100-18539-2 Catalogue no. En3-4/103-2012E-PDF Content (excluding the illustrations) may be used without permission, with appropriate credit to the source.

Recovery Strategy for the Acadian Flycatcher and the Hooded Warbler 2012 PREFACE The federal, provincial, and territorial government signatories under the Accord for the Protection of Species at Risk (1996) agreed to establish complementary legislation and programs that provide for effective protection of species at risk throughout Canada. Under the Species at Risk Act (S.C. 2002, c.29) (SARA), the federal competent ministers are responsible for the preparation of recovery strategies for listed Extirpated, Endangered, and Threatened species and are required to report on progress within five years. The Minister of the Environment and the Minister responsible for the Parks Canada Agency are the competent ministers for the recovery of the Acadian Flycatcher and Hooded Warbler and have prepared this strategy, as per section 37 of SARA. It has been prepared in cooperation with the Province of Ontario (Ministry of Natural Resources) and Long Point Region Conservation Authority as per section 39 (1) of SARA. Success in the recovery of these species depends on the commitment and cooperation of many different constituencies that will be involved in implementing the directions set out in this strategy and will not be achieved by Environment Canada, the Parks Canada Agency, or any other jurisdiction alone. All Canadians are invited to join in supporting and implementing this strategy for the benefit of the Acadian Flycatcher and Hooded Warbler and Canadian society as a whole. This recovery strategy will be followed by one or more action plans that will provide information on recovery measures to be taken by Environment Canada, the Parks Canada Agency and other jurisdictions and/or organizations involved in the conservation of the species. Implementation of this strategy is subject to appropriations, priorities, and budgetary constraints of the participating jurisdictions and organizations. ACKNOWLEDGMENTS The recovery strategy was developed by members of the Acadian Flycatcher and Hooded Warbler Recovery Team: Lyle Friesen, Debbie Badzinski, Christine Vance, Jon McCracken, Dave Martin, Audrey Heagy, and Angela McConnell. The recovery strategy benefited from input and suggestions from the following individuals and organizations: Bird Studies Canada; Conservation Halton; Toronto and Region Conservation; Stephanie Melles, Corina Brdar, Andre Dupont, Chris Risley, Don Sutherland, Joe Nocera, Kristine Blakey and Bree Walpole – Ontario Ministry of Natural Resources; Clint Jacobs and Jared Macbeth - Walpole Island Heritage Centre; Krista Holmes, Angela Darwin, Marie-Claude Archambault, Madeline Austen, Lesley Dunn, Burke Korol, Lucie Metras, Marie-José Ribeyron and Kari Van Allen – Environment Canada. Thanks are extended to Michael Patrikeev and the U.S. Fish and Wildlife Service for the cover photos. i

Recovery Strategy for the Acadian Flycatcher and the Hooded Warbler 2012 EXECUTIVE SUMMARY In Canada, the breeding range of the Acadian Flycatcher (Empidonax virescens) and the Hooded Warbler (Wilsonia citrina) is limited to southern Ontario. The Acadian Flycatcher is listed as Endangered federally and appears on Schedule 1 of the Species at Risk Act. It also is listed as Endangered provincially and is protected under Ontario’s Endangered Species Act, 2007. The Hooded Warbler is listed as Threatened nationally under the Species at Risk Act and Special Concern provincially under Ontario’s Endangered Species Act, 2007. In Canada, the Acadian Flycatcher is confined almost entirely to the Carolinian forest region, where its numerical status, between 35 and 50 pairs in any given year, has been relatively stable since 1997 (when targeted surveys first began). Its continental population experienced an average, annual downward trend of 0.10% from 1966 to 2007, and an annual downward trend of 0.43% since 1980. In recent years, Hooded Warbler numbers have increased dramatically in Ontario, from 88 territorial males (some of which were not paired) in 1997, to an estimated 436 territorial males (some of which were not paired) in 2007. In that time, the species has expanded its range, occupying other forests within the Carolinian forest region as well as areas to the north and east of this region. The Hooded Warbler has shown an increasing trend continentally at an average annual rate of 0.84% from 1966 to 2007, and showed an increase at an average annual rate of 0.87% since 1980. In Ontario, both species reach their highest densities in large, mature forests set in landscapes with at least 30% regional forest cover. Both the Acadian Flycatcher and the Hooded Warbler have been regarded as area-sensitive species with a predilection for extensive tracts of deciduous forests. However, most of the original Carolinian deciduous forest cover has been removed, and many of the remaining forests are too small and isolated to accommodate Acadian Flycatchers, Hooded Warblers, and other species that depend on the specialized habitats found in large, mature forests. Specific threats include diameter-limit tree harvest, development for housing and/or agricultural uses, changes to hydrological regimes, invasive species, climate change and a number of threats to the species and their habitat outside of Canada. A single recovery strategy for these two species has been developed due to the similarity in occurrences, threats, and recovery actions. It was determined that recovery activities for both species could be effectively represented within one document. There are unknowns regarding the feasibility of recovery of the Acadian Flycatcher and the Hooded Warbler. Nevertheless, in keeping with the precautionary principle, this recovery strategy has been prepared as per section 41(1) of SARA as would be done when recovery is determined to be feasible. This recovery strategy addresses the unknowns surrounding the feasibility of recovery. The population and distribution objective for the Acadian Flycatcher is to maintain the current population of between 35 and 50 pairs distributed within the species’ current Ontario range. The population and distribution objective for the Hooded Warbler is to increase the number of Hooded Warbler breeding pairs to 500 distributed within the species’ current Ontario range. ii

Recovery Strategy for the Acadian Flycatcher and the Hooded Warbler 2012 Critical habitat for both the Acadian Flycatcher and the Hooded Warbler is identified within this recovery strategy. Broad strategies to be taken to address the threats to the survival and recovery of these species are presented in the section on Strategic Direction for Recovery. One or more action plans will be posted on the Species at Risk Public Registry for the Acadian Flycatcher and the Hooded Warbler by December 2017. iii

Recovery Strategy for the Acadian Flycatcher and the Hooded Warbler 2012 RECOVERY FEASIBILITY SUMMARY Based on the following four criteria outlined by the Government of Canada (2009), there are unknowns regarding the feasibility of recovery of the Acadian Flycatcher and Hooded Warbler. In keeping with the precautionary principle, a recovery strategy has been prepared as per section 41(1) of SARA, as would be done when recovery is determined to be feasible. This recovery strategy addresses the unknowns surrounding the feasibility of recovery. Acadian Flycatcher 1. Individuals of the wildlife species that are capable of reproduction are available now or in the foreseeable future to sustain the population or improve its abundance. Yes. Individuals capable of reproduction are present in Ontario and in nearby New York, Pennsylvania, Ohio, and Michigan to sustain the population or improve its abundance. 2. Sufficient suitable habitat is available to support the species or could be made available through habitat management or restoration. Yes. Sufficient habitat is available to sustain the current estimated population. Additional habitat could be made available to support the species through habitat management techniques or restoration efforts to support an increase in species’ abundance. 3. The primary threats to the species or its habitat (including threats outside Canada) can be avoided or mitigated. Unknown. Many of the threats on the breeding grounds in Canada can be avoided or mitigated through targeted recovery actions. However, the extent and feasibility of mitigating threats on United States breeding grounds and/or wintering grounds are unknown at this time. Further, it is currently unknown if some threats, such as invasive species, can be effectively mitigated. These threats will greatly affect the recovery of the species in Canada but without further research it can not be determined whether it is possible to successfully mitigate them. Recovery on a global scale is critical for the recovery of the species in Canada. 4. Recovery techniques exist to achieve the population and distribution objectives or can be expected to be developed within a reasonable timeframe. Unknown. Some of the necessary recovery techniques are available (e.g., protection of existing mature forests and management of woodlands for older growth). However, it is unknown whether using these recovery techniques will be effective in meeting the population and distribution objectives. iv

Recovery Strategy for the Acadian Flycatcher and the Hooded Warbler 2012 As the small Canadian population of Acadian Flycatchers occurs at the northern part of its continental range, and the vast majority of its continental distribution and population occurs further south in the United States, it is important to note that population changes at the continental level may have a significant effect on recovery feasibility in Canada. As the continental population of the Acadian Flycatcher is experiencing an ongoing downward population trend, its range may contract away from the current periphery, with individuals remaining closer to the centre of the range. In such a case, despite best efforts described in this strategy to ensure that sufficient suitable habitat is available and key threats are mitigated, the numbers of Acadian Flycatcher in Canada may continue to decline. Hooded Warbler 1. Individuals of the wildlife species that are capable of reproduction are available now or in the foreseeable future to sustain the population or improve its abundance. Yes. Individuals capable of reproduction are currently available in Ontario and are known to be contributing to the current population increase and range expansion. 2. Sufficient suitable habitat is available to support the species or could be made available through habitat management or restoration. Yes. Given that the Hooded Warbler has expanded its Ontario range, sufficient habitat is available to support the present estimated population. Additional habitat could be made available through management techniques or restoration efforts to support an increase in species’ abundance. 3. The primary threats to the species or its habitat (including threats outside Canada) can be avoided or mitigated. Unknown. Many of the threats on the breeding grounds in Canada can be avoided or mitigated through targeted recovery actions. However, the extent and feasibility of mitigating threats to the United States breeding grounds and/or winter grounds are unknown at this time. Further, it is currently unknown if

Acadian Flycatcher have been reported at new locations in southern Ontario not contained in Ontario's Natural Heritage Information Centre database or identified as critical habitat. Ontario's Natural Heritage Information Centre has not yet processed these records, but there is a high probability they will become element occurrences in .

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