Raincoast’s evidence on Southern Resident killer whales for the National Energy Board’s reconsideration of the Trans Mountain Expansion
The National Energy Board is now preparing its recommendations to cabinet on the Trans Mountain Expansion. When we won our legal case in the federal court of appeal in August 2018, the courts quashed the Trans Mountain permits and required the National Energy Board to reconsider their recommendations. This required a review of marine impacts and further consultation with Indigenous Nations.
Below is Raincoast’s updated evidence submitted to this review in December 2018. The key features of our new evidence include:
- A statement of written evidence by Dr. Paul Paquet.
- An update to the Population Viability Assessment [for the Southern Resident killer whales] by Dr. Robert Lacy et al. This updates the threat assessment and likelihood for recovery conducted in 2015 and the peer-reviewed publication in Scientific Reports in 2017.
- A report by Misty MacDuffee et al. that updates aspects of information Raincoast filed in 2015 by Lacy et al. and Logan et al. It differs from the 2015 reports by focusing just on the interaction between Fraser Chinook, Southern Residents and oil spills. This report updates:
- the status of Fraser Chinook salmon, a preferred prey for Southern Residents;
- oil spill concerns for Fraser Chinook salmon and their habitat;
- oil spills concerns for Southern Residents.
- A report by Dr. Scott Veirs et al. on impacts of Project-related shipping on Southern Residents, and in particular noise impacts and potential mitigation. It updates and expands upon the 2015 report by Dr. Christopher Clark that Raincoast filed in the previous hearing, concerning acoustic and physical disturbance from Project-related shipping.
- A report by toxicologist Kate Logan concerning the oil spill dispersant Corexit 9500. This dispersant was approved for use on oil spills in British Columbia after the previous Trans Mountain NEB hearing.
- A status update by Dr. Deborah Giles describing her observations of births and deaths in the Southern Resident population in the summer of 2018, and an update on the population size.
Authors to our submission
Dr. Paul C. Paquet, Raincoast Conservation Foundation,
Misty MacDuffee, Raincoast Conservation Foundation
Kate Logan, Independent Toxicologist
Dr. Deborah Giles, University of Washington
Dr. Christopher W. Clark, Cornell University
Dr. Scott Veirs, Beam Reach Marine Science
Dr. Val Veirs, Beam Reach Marine Science
Dr. Robert Lacy, Chicago Zoological Society
Dr. Rianna Burnham, University of Victoria
Overview
A96429-1 Raincoast Opening Statement – Final – A6L5R0 (PDF) [icon icon=”external-link”]
Expert reports
A96429-7 E – Expert Report of Giles – 2018 – Final – A6L5R6 (PDF) [icon icon=”external-link”]
A96429-6 D – Expert Report of Logan – 2018 – Final – A6L5R5 (PDF) [icon icon=”external-link”]
A96429-5 C – Expert Report of Veirs et al – 2018 – Final – A6L5R4 (PDF) [icon icon=”external-link”]
A96429-3 A – Expert Report of Lacy et al – 2018 – Final – A6L5R2 (PDF) [icon icon=”external-link”]
Literature cited
A96429-9 G – Raincoast Statement Literature Cited – Final – A6L5R8 (PDF) [icon icon=”external-link”]
Direct evidence and book of authorities
A95280-2 Direct Evidence – A6J6F4 (PDF) [icon icon=”external-link”]
A97535-2 Book of Authorities for Written Argument – A6R3W2 (PDF) [icon icon=”external-link”]
List of acronyms
| AIS | Automatic Identification Systems |
| AMOP | Arctic and Marine Oilspill Program |
| BCCP | British Columbia Coast Pilots Ltd. |
| BTEX | benzene, toluene, ethylbenzene and xylene |
| CAPP | Canadian Association of Petroleum Producers |
| CCG | Canadian Coast Guard |
| CEAA 2012 | Canadian Environmental Assessment Act 2012 |
| CEPA | Canadian Energy Pipeline Association |
| CMAQ | Community Multi-Scale Air Quality |
| COSBC | Chamber of Shipping of British Columbia |
| CRP | Coastal Response Program |
| CSA | Canada Shipping Act, 2001 |
| DFO | Fisheries and Oceans Canada |
| DND | Department of National Defence |
| DNV | Det Norske Veritas |
| DNV GL | Det Norske Veritas |
| DWT | Germanischer Lloyd dead weight tonnage |
| ECCC | Environment and Climate Change Canada |
| ECHO | Enhancing Cetacean Habitat and Observation |
| EEDI | Energy Efficiency Design Index |
| EEOI | Energy Efficiency Operational Indicator |
| EEZ | exclusive economic zone |
| ERA | ecological risk assessment |
| ERR | enhanced oil spill response regime |
| ESA | Environmental and Socio-Economic Assessment |
| FCA | Federal Court of Appeal |
| GAR | Geographic Area of Response |
| GRS | Geographic Response Strategy |
| GHG | greenhouse gas |
| GIC | Governor-in-Council |
| GVIRP | Greater Vancouver Integrated Response Plan |
| GINPR | Gulf Islands National Park Reserve |
| HC | Health Canada |
| ICS | Incident Command System |
| IISD | International Institute for Sustainable Development |
| IMO | International Maritime Organization |
| IR | Information Request |
| ISM | International Safety Management |
| LFVAQCC | Lower Fraser Valley Air Quality Coordinating Committee |
| MARPOL | International Convention for the Prevention of Pollution from Ships |
| MCTRU | marine commercial, recreational and tourism use |
| MCTS | Marine Communications and Traffic Services |
| MEPC | Marine Environment Protection Committee |
| MOU | memorandum of understanding |
| MMO | marine mammal observer |
| MMPP | Marine Mammal Protection Program |
| MMRU | Marine Mammal Research Unit |
| MSCP | Marine Spills Contingency Plan |
| nm | nautical mile |
| NEB | National Energy Board |
| NRCan | Natural Resources Canada |
| OIC | Order-in-Council |
| ONC | Oceans Network Canada |
| OPP | Oceans Protection Plan |
| PAH | polycyclic aromatic hydrocarbons |
| PEP | Project Execution Plan |
| PPA | Pacific Pilotage Association |
| PSF | Pacific Salmon Foundation |
| PSSA | Particularly Sensitive Sea Areas |
| RO | Responsible Organization |
| RSA | Regional Study Area |
| RCMSAR | Royal Canadian Marine Search and Rescue |
| SAR | search and rescue |
| SARA | Species at Risk Act |
| SEEMP | Ship Energy Efficiency Management Plan |
| SOPF | Ship-source Oil Pollution Fund |
| SRKW | Southern resident killer whale |
| SSHI | Strategic Salmon Health Initiative |
| SSMSP | Salish Sea Marine Survival Project |
| SWVI | Southwest Vancouver Island |
| TC | Transport Canada |
| TEK | Traditional Ecological Knowledge |
| TERMPOL | Technical Review Process of Marine Terminal Systems and Transshipment Sites |
| TMEP | Trans Mountain Expansion Project |
| TMRU | Traditional Marine Resource Use |
| TRC | TERMPOL Review Committee |
| TWG | Technical Working Group |
| US | United States |
| uSCAT | Underwater Seabed Cleanup and Assessment T echnique |
| USCG | United States Coast Guard |
| VAS | Vessel Acceptance Standard |
| VFPA | Vancouver Fraser Port Authority |
| VOO | Vessels of Opportunity |
| WCMRC | Western Canada Marine Response Corporation |
| WMT | Westridge Marine Terminal |
| WMTROG | Regulations and Operations Guide |
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Still no adequate threat reduction measures for endangered killer whales
We won our legal challenge to stop the Trans Mountain pipeline expansion
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