Terms of Reference

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.

Science Response Process – Pacific Region

March 20, 2015
Nanaimo, British Columbia

Chairpersons: Tola Coopper and 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. As part of the application, NEB included a requirement that the Proponent (Trans Mountain) consider the environmental and socio-economic effects of the increase in marine tanker traffic; this was delivered by way of issue # 5 in the NEB’s list of Issues that will be considered at the Hearings (NEB 2013a) and was provided to Trans Mountain in a letter outlining its filing requirements with respect to this topic (NEB 2013b).

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) 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 (Megaptera novaeangliae) is the most commonly observed baleen whale; it is listed as threatened under the SARA, but was recently re-assessed as ‘special concern’ by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC). 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.

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. The potential for these effects to affect recovery of the southern resident killer whale is of critical importance, as fewer than 80 individuals are estimated to be present in the wild. Furthermore, the Proponent has noted in the Project Application that although the Project contribution to overall sensory disturbance effects on the species is small, the potential effects of increased Project-related marine vessel traffic are determined to be significant for southern resident killer whales. This species is therefore of the greatest conservation concern in the Marine RSA

As an intervenor in the environmental assessment hearing process for the Trans Mountain Project, Fisheries and Oceans Canada (DFO) will be asked to present written evidence to the NEB in relation to its expertise on the effects of the Project on marine 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 reviewing potential effects of the marine terminal and shipping components of the Project on fish, fish habitat and marine mammals. FPP is requesting DFO Science Branch provide advice with respect to the potential effects of underwater noise and marine vessel strikes on marine mammals identified as indicator species within the Project Application. The assessment and advice arising from this Canadian Science Advisory Secretariat (CSAS) Science Response (SR) will be used to assist in the development of DFO’s written evidence submission to the National Energy Board for the Trans Mountain Expansion Project.

Objectives

Science information and advice will be prepared based on a review of the information contained in the December 2013 Facilities Application, in supplemental information provided by the Proponent in subsequent information requests and supporting documentation, and in the following document:

DFO, 2015. 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/nnn

This Science Response will address the following objectives:

Does the Proponent’s assessment of the effects of underwater noise and ship strikes on marine mammal indicator species (i.e., the Southern Resident Killer Whale, Humpback Whale, and Steller Sea Lion) accurately characterize potential direct effects on these marine mammal species within the Marine Regional Study Area^{Footnote 1} (Marine RSA), and does their assessment support their conclusions?
For this project, is it possible to measure the effect of underwater noise and mammal-vessel ship strikes from increased project-related vessel traffic on marine mammal indicator species above the status quo (i.e., current noise conditions), and if so, how does this effect differ from current conditions?
If measureable effects exists in (2) above, are there mitigation measures that may be implemented to reduce the residual effect on the marine mammals indicator species?