Terms of Reference

Technical review: potential effectiveness of mitigation measures to reduce impacts from project-related marine vessels on Southern Resident Killer Whales

Science Response Process

Pacific Region

October 2018

Nanaimo, British Columbia

Chairperson: Lesley MacDougall

Context

Trans Mountain Pipeline ULC (Trans Mountain) is proposing an expansion of its current 1,150 km pipeline system between Edmonton, AB and Burnaby, BC, along with expansion of the Westridge Marine Terminal in Burrard Inlet, to accommodate increased marine vessel traffic. On November 29, 2016, the Government of Canada granted approval for the Project, following a 29-month environmental assessment review by the National Energy Board (NEB), which concluded that the project is in the Canadian public interest and recommended that the federal Governor in Council (GiC) approve the expansion. On August 30, 2018, the Federal Court of Appeal (FCA) released its decision with respect to judicial review applications challenging the federal approval of the Project. The Court ordered that the Order in Council (OIC) approving the Project be set aside. On September 20, 2018, the GiC sent the NEB’s Recommendation Report back to the NEB for reconsideration to address the issues specified by the FCA ruling and gave the NEB 155 days to complete its Reconsideration. Therefore, the Board must complete the Reconsideration process and issue its Reconsideration report no later than February 22, 2019.

On October 12, 2018, the NEB released Hearing Order MH-052-2018, announcing that it will hold a public hearing and set out the timelines and process for the Reconsideration. On the same day, the NEB sent a letter to federal authorities (including DFO) requesting specialist or expert information to support the Reconsideration. Specifically, the NEB has requested information in regard to the effectiveness of mitigation measures aimed at avoiding or reducing impacts from project-related marine vessels on the Southern Resident Killer Whale (SRKW). Existing and proposed Project-related marine vessel traffic are expected to use the established in-bound and out-bound marine shipping lanes in the Marine Regional Study Area (Marine RSA), which intersect critical habitat for SRKW (as seen in the figure here) (PDF).

As an intervenor in the Reconsideration hearing process for the Trans Mountain Expansion Project, Fisheries and Oceans Canada (DFO) will be presenting written evidence and responding to information requests from the NEB and other Intervenors in relation to its expertise on the effects of the Project on marine fish and fish habitat and marine mammals (including aquatic species at risk), the efficacy and adequacy of mitigation measures, and monitoring and follow-up programs that were not considered in the last NEB Hearing (OH-001-2014).

Objective

The objective of this SR is to provide advice on the following questions:

1. Provide any information or knowledge concerning the potential effectiveness of the following potential mitigation measures:
• altering shipping lanes to reduce adverse effects on SRKW, such as shifting lanes away from marine mammal congregation areas;
• speed restrictions and altered shipping patterns, such as convoys, in order to reduce potential adverse effects such as underwater noise or the potential for ship strikes;
• vessel design (including hull and propeller) and maintenance measures for reducing adverse effects such as underwater noise from Project-related marine vessels;
• use of marine mammal on-board observers on Project-related marine vessels, and what actions need to be taken if SRKW are observed;
• measures to increase abundance of prey to offset adverse effects from Project-related marine shipping;
• any other measure that could avoid, reduce, and/or offset the adverse effects of Project-related marine shipping on SRKW; and
• measures that could avoid or reduce cumulative adverse effects on SKRW.
2. Provide any information or knowledge concerning the relationship between a vessel’s speed and tonnage (including the different types of Project-related marine vessels under both loaded and unloaded conditions) and how much underwater noise the vessel creates.

Expected Publications

Science Response

References

DFO. 2015. Sufficiency review of the information on effects of underwater noise and the potential for ship strikes from Marine Shipping on Marine Mammals in the Facilities Application for the Trans Mountain Expansion Project. DFO Can. Sci. Advis. Sec. Sci. Resp. 2015/007.

Technical review of predicted effects and proposed mitigation of underwater noise and potential vessel strikes on marine mammals, from the December 2013 Facilities Application and supplemental information for the Trans Mountain Expansion Project. DFO Can. Sci. Advis. Sec. Sci. Resp. 2015/022.

DFO. 2017. Evaluation of the Scientific Evidence to Inform the Probability of Effectiveness of Mitigation Measures in Reducing Shipping-Related Noise Levels Received by Southern Resident Killer Whales. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2017/041.

Tollit, D., R. Joy and J. Wood. 2017. Estimating the effects of noise from commercial vessels and whale watch boats on Southern Resident Killer Whales. Prepared for the ECHO Program of Vancouver Fraser Port Authority by SMRU Consulting.

Cominelli, S., Devillers, R., Yurk, H., MacGillivray, A., McWhinnie, L., and Canessa, R. 2018. Noise exposure from commercial shipping for the southern resident killer whale population. Marine Pollution Bulletin, 136, 177-200.