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:

  1. A statement of written evidence by Dr. Paul Paquet.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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


A97535-1 Written Argument of Raincoast Conservation Foundation and Living Oceans Society – A6R3W1 (PDF)

A96429-1 Raincoast Opening Statement – Final – A6L5R0 (PDF)

Expert reports

A96429-2 – Raincoast Evidence Statement by Dr. Paul Paquet – 2018 – A6L5R1 (PDF)

A96429-7 E – Expert Report of Giles – 2018 – Final – A6L5R6 (PDF)

A96429-6 D – Expert Report of Logan – 2018 – Final – A6L5R5 (PDF)

A96429-5 C – Expert Report of Veirs et al – 2018 – Final – A6L5R4 (PDF)

A96429-4 B – Expert Report of MacDuffee et al – 2018 – Final – A6L5R3 (PDF)

A96429-3 A – Expert Report of Lacy et al – 2018 – Final – A6L5R2 (PDF)

Literature cited

A96429-9 G – Raincoast Statement Literature Cited – Final – A6L5R8 (PDF)

Direct evidence and book of authorities

A95280-2 Direct Evidence – A6J6F4 (PDF)

A97535-2 Book of Authorities for Written Argument – A6R3W2 (PDF)

List of acronyms

AISAutomatic Identification Systems
AMOPArctic and Marine Oilspill Program
BCCPBritish Columbia Coast Pilots Ltd.
BTEXbenzene, toluene, ethylbenzene and xylene
CAPPCanadian Association of Petroleum Producers
CCGCanadian Coast Guard
CEAA 2012Canadian Environmental Assessment Act 2012
CEPACanadian Energy Pipeline Association
CMAQCommunity Multi-Scale Air Quality
COSBCChamber of Shipping of British Columbia
CRPCoastal Response Program
CSACanada Shipping Act, 2001
DFOFisheries and Oceans Canada
DNDDepartment of National Defence
DNVDet Norske Veritas
DNV GLDet Norske Veritas
DWTGermanischer Lloyd dead weight tonnage
ECCCEnvironment and Climate Change Canada
ECHOEnhancing Cetacean Habitat and Observation
EEDIEnergy Efficiency Design Index
EEOIEnergy Efficiency Operational Indicator
EEZexclusive economic zone
ERAecological risk assessment
ERRenhanced oil spill response regime
ESAEnvironmental and Socio-Economic Assessment
FCAFederal Court of Appeal
GARGeographic Area of Response
GRSGeographic Response Strategy
GHGgreenhouse gas
GVIRPGreater Vancouver Integrated Response Plan
GINPRGulf Islands National Park Reserve
HCHealth Canada
ICSIncident Command System
IISDInternational Institute for Sustainable Development
IMOInternational Maritime Organization
IRInformation Request
ISMInternational Safety Management
LFVAQCCLower Fraser Valley Air Quality Coordinating Committee
MARPOLInternational Convention for the Prevention of Pollution from Ships
MCTRUmarine commercial, recreational and tourism use
MCTSMarine Communications and Traffic Services
MEPCMarine Environment Protection Committee
MOUmemorandum of understanding
MMOmarine mammal observer
MMPPMarine Mammal Protection Program
MMRUMarine Mammal Research Unit
MSCPMarine Spills Contingency Plan
nmnautical mile
NEBNational Energy Board
NRCanNatural Resources Canada
ONCOceans Network Canada
OPPOceans Protection Plan
PAHpolycyclic aromatic hydrocarbons
PEPProject Execution Plan
PPAPacific Pilotage Association
PSFPacific Salmon Foundation
PSSAParticularly Sensitive Sea Areas
ROResponsible Organization
RSARegional Study Area
RCMSARRoyal Canadian Marine Search and Rescue
SARsearch and rescue
SARASpecies at Risk Act
SEEMPShip Energy Efficiency Management Plan
SOPFShip-source Oil Pollution Fund
SRKWSouthern resident killer whale
SSHIStrategic Salmon Health Initiative
SSMSPSalish Sea Marine Survival Project
SWVISouthwest Vancouver Island
TCTransport Canada
TEKTraditional Ecological Knowledge
TERMPOLTechnical Review Process of Marine Terminal Systems and Transshipment Sites
TMEPTrans Mountain Expansion Project
TMRUTraditional Marine Resource Use
TRCTERMPOL Review Committee
TWGTechnical Working Group
USUnited States
uSCATUnderwater Seabed Cleanup and Assessment T echnique
USCGUnited States Coast Guard
VASVessel Acceptance Standard
VFPAVancouver Fraser Port Authority
VOOVessels of Opportunity
WCMRCWestern Canada Marine Response Corporation
WMTWestridge Marine Terminal
WMTROGRegulations and Operations Guide

You can help

Raincoast’s in-house scientists, collaborating graduate students, postdoctoral fellows, and professors make us unique among conservation groups. We work with First Nations, academic institutions, government, and other NGOs to build support and inform decisions that protect aquatic and terrestrial ecosystems, and the wildlife that depend on them. We conduct ethically applied, process-oriented, and hypothesis-driven research that has immediate and relevant utility for conservation deliberations and the collective body of scientific knowledge.

We investigate to understand coastal species and processes. We inform by bringing science to decision-makers and communities. We inspire action to protect wildlife and wildlife habitats.

Coastal wolf with a salmon in its month.
Photo by Dene Rossouw.