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

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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