Terms of Reference

Sufficiency review of the information on effects of Marine Shipping on Marine Mammals in the Facilities Application for the Trans Mountain Expansion Project

Regional Science Response Process – Pacific Region

December 5, 2014
Nanaimo, British Columbia

Chairpersons: Tola Coopper, Lesley MacDougall

Context

Trans Mountain Pipeline ULC (Trans Mountain) is proposing an expansion of its current 1,150 km pipeline system between Strathcona County, AB and Burnaby, BC (the Trans Mountain Expansion Project, hereafter ‘the Project’). On December 16, 2013, Trans Mountain filed a Facilities Application for the Project with the National Energy Board (NEB), pursuant to the National Energy Board Act,and on April 2, 2014, the NEB determined that the Application was complete, thereby commencing a 15-month environmental assessment review under the Canadian Environmental Assessment Act, 2012.

The existing Trans Mountain pipeline (TMPL) system commenced operation in 1953, and transports a range of crude oil and petroleum products from Western Canada to locations in central and southwestern British Columbia (BC), Washington State, and offshore. The proposed Project would create a twinned pipeline, increasing the capacity of the system from approximately 300,000 barrels per day to 890,000 barrels per day. Key project components include 994 km of new pipeline, reactivation of 193 km of existing pipeline, 12 new pump stations and expansion of existing pump stations and storage tanks, and the addition of three new vessel berths at the Westridge Marine Terminal in Burnaby, BC. The proposed expansion is forecasted to increase marine vessel traffic from 5 tankers per month calling at the Westridge Marine Terminal to approximately 34 tankers per month. The maximum size of vessels (Aframax class) is not expected to change as part of the Project.

A total of 22 marine mammal species have been identified by the Proponent as being present within the Marine Regional Study Area (RSA)^{Footnote 1} identified in the Project Application. The most commonly observed species of toothed whales in the Marine RSA include killer whales, harbour porpoises (Phocoena phocoena), Dall’s porpoises (Phocoenoides dalli), and Pacific white-sided dolphins (Lagenorhynchus obliquidens). Critical habitat for the endangered southern resident killer whale (Orcinus orca) listed under the Species at Risk Act (SARA), overlaps almost entirely with the Marine RSA. The humpback whale, which is listed as threatened under the SARA,is the most commonly observed baleen whale, and the western-most portion of the Marine RSA overlaps humpback whale critical habitat. Other baleen whales including the minke whale (Balaenoptera acutorostrata) and grey whale (Eschrichtius robustus), as well as the occasional fin whale (Balaenoptera physalus) are also observed. The harbour seal (Phoca vitulina richardsi), and Steller and California (Zalophus californianus) sea lions are the most common pinnipeds observed in the Marine RSA.

The Proponent has noted that an increase in marine vessel traffic associated with the Project has the potential to result in sensory disturbance to marine mammals from underwater noise, and an increased risk of injury and mortality associated with mammal-vessel strikes. Disturbance responses associated with increased project-related vessel traffic could range from temporary displacement to reduced foraging efficiency to disruption of mating and social behaviours.

As an intervenor in the environmental assessment hearing process for the Trans Mountain Project, Fisheries and Oceans Canada (DFO) will be asked to present evidence at Public Hearings in May 2015 in relation to its expertise on the effects of the Project on fish and fish habitat and aquatic species at risk, the efficacy and adequacy of mitigation and offsetting measures, monitoring and follow-up programs proposed by the Proponent, and the conclusions reached in Facilities Application for the Project.

DFO’s Pacific Region Fisheries Protection Program (FPP) is responsible for the review of the marine terminal, and shipping, related to the proposed expansion whereas the NEB will review the pipeline as per the DFO NEB Memorandum of Understanding. FPP is requesting DFO Science Branch provide an evaluation of the adequacy of the proponent’s Facilities Application and supplemental information with respect to risks, potential consequences and mitigation of underwater noise and marine vessel strikes on marine mammals, to assist in the development of DFO’s submission to the National Energy Board for the Trans Mountain Project.

Objectives

The objective of this CSAS Science Response (SR) is to review information contained in the December 2013 Facilities Application, the supplemental information provided by the Proponent in previous information requests and supporting documentation, and provide a Science Response to answer the following questions:

Is the information provided by the Proponent in the Project Application sufficient for DFO Science to assess underwater noise and marine vessel strikes and their potential impacts on the marine mammal indicator species identified in the Project Application?

Are the methods used to assess the potential effects of underwater noise and marine vessel strikes on the marine mammal indicator species appropriate and executed properly?