Re: RBT2 Process Issues Not Yet Addressed

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1 From: Trevor Jones Salish Sea Defence Committee February 19, 2017 To: Debra Myles Review Panel Manager, Roberts Bank Terminal 2 Project c/o Canadian Environmental Assessment Agency 160 Elgin St, 22 nd Floor Ottawa, ON K1A 0H3 Re: RBT2 Process Issues Not Yet Addressed Some matters have come up frequently over the past couple of years that have not yet been responded to by VFPA, CEAA or the Review Panel. I think it s about time these matters were responded to, with their status posted to the registry. Inclusion of Marine Shipping Issues as Part of the Project Is the review panel intending to take up this matter with CEAA, and, if so, when? Some background: VFPA/CEAA ignored marine shipping issues in their initial project documentation, including the final EIS Guidelines in January It was only after First Nations pointed out that there were constitutional considerations at play that CEAA decided to address the marine issues. Even then, CEAA decided that these issues will not be part of the Project, but are to be reviewed only for information purposes. The Minister is therefore not to consider these issues in her decision on the Project. A recent submission from VFPA to the panel (document #930 in the registry) noted that VFPA sent letters to the Canadian Salish Sea First Nations in early It s not surprising that none of the Nations responded, because the significance of the marine issues was not clearly stated by VFPA. Perhaps it was the writer s more comprehensive letter to the Nations in 2014 that helped bring the Nations into the process. (This letter {revised version}, titled Roberts Bank Terminal 2 - Why You Should Be Concerned, is attached here, however it is out of date and need not be included in the registry unless the panel wishes to.) Organizations who are on record stating that the marine issues should be part of the Project include Ecojustice, West Coast Environmental Law, World Wildlife Fund, Pacheedaht First Nation, Tsawout First Nation, Maa-nulth First Nations, Pauquachin First Nation, Esquimalt Nation, Scia new First Nation, T Souke Nation, and Malahat First Nation, and perhaps others I missed. In VFPA s document #930, page 285 of 289, the Malahat made it clear that the marine shipping associated with the proposed Project and the Project itself should not be considered separate. I am unaware of any legal reason why the marine issues were excluded from the Project. CEAA has never provided a reason. If there is a legal reason, please specify it. The matter of VFPA not having jurisdiction in these marine waters is irrelevant. The high degree of risk to the endangered orcas in these marine waters would be of concern to VFPA, because it could derail RBT2. I trust this was not a consideration in deciding to exclude the Minister from the marine issues.

2 Notifications or Consultations with US Organizations Which US organizations, if any, have been contacted by VFPA for notification of RBT2? Several US organizations have posted comments to the registry. Several are aware of RBT2 because I sent the above-noted letter to them in My question, though, is: which organizations have been contacted directly by VFPA? Global Affairs Canada stated (document #550 on the registry): In a nutshell, Global Affairs Canada recommends that the Panel reach out to U.S. officials and agencies to make them aware of the project and the environmental assessment, and to inform them about opportunities to participate in Panel deliberations. In particular, we recommend reaching out to the U.S. Environmental Protection Agency, Region 10, and Washington State Department of the Environment (see contact list enclosed). Please note that we have made the Consulate General of Canada in Seattle aware of the Review Panel and they also stand ready to provide further advice on appropriate U.S. contacts (see Canadian Consulate General contact enclosed). From a Global Affairs Canada perspective, the act of notifying U.S. agencies of the environmental assessment and providing an opportunity to participate is in keeping with our government's goal of maintaining a close and positive relationship with the United States; it is also in the spirit of openness and transparency consistent with government priorities and the Review Panel's modus operandi... in conducting a review of the project, potential impacts across the international boundary (should) be considered. We consider U.S. agencies as potentially providing constructive input given their expertise and interests in areas under their jurisdiction. For Global Affairs Canada, the goal is to ensure that potential transboundary impacts are included in the review. There are several other organizations besides the ones listed above that should be contacted, including First Nations, government agencies and environmental organizations. I would be happy to provide names and addresses of the entities I suggest contacting. VFPA s instructions from CEAA regarding notifications/consultations are laid out in the EIS Guidelines and in the Additional Instructions on Aboriginal Groups in January Only Aboriginal Groups and non- Aboriginal groups based in Canada are to be engaged. On page 7 of 289 of VFPA s document #930, it is stated that because the Lummi, a WSÁNEC people, are based in the US, they were not included in the WSÁNEC assessment. On page 197 of 289 of the document, it is indicated that Tseycum First Nation asked whether VFPA is speaking with Aboriginal groups in the US. The Tseycum expressed concern about potential impacts to people from Anacortes who cross the border to fish. However, VFPA responded that it is not authorized to engage with organizations other than those specified by CEAA. CEAA should withdraw its illogical limitation of notifications, and authorize VFPA to engage with US organizations. Trevor Jones, Vancouver, BC

3 ROBERTS BANK TERMINAL 2 - WHY YOU SHOULD BE CONCERNED Ref. Port Metro Vancouver Existing terminal at right, proposed Terminal 2 at left Roberts Bank Terminal 2 is a proposed container shipping terminal to be constructed at the end of the Deltaport causeway in Delta BC, adjacent to the existing coal and container terminals. It would double the capacity of Deltaport container terminal. Roberts Bank is part of the Fraser River Estuary Important Bird Area, perhaps the most important site for migrating and wintering birds in Canada. The estuary is a critical stopover on the Pacific Flyway. Terminal 2 could put at risk the viability of the flyway. The marine shipping route runs from Deltaport into Georgia Strait, through Boundary Pass and Haro Strait along the international boundary, and into the Strait of Juan de Fuca. From there, the ships travel north along the west coast of Vancouver Island and on to Asia. The increase in shipping from Terminal 2, and the ongoing increases in ship sizes, would increase the risk of disastrous fuel oil spills, and would also jeopardize the endangered Southern Resident Killer Whale population. First Nations traditional rights and interests in coastal and marine areas stand to be affected; the project may also adversely affect and infringe on constitutional rights. Trevor Jones Salish Sea Defence Committee 1

4 SITE The Pacific Flyway extends from the Arctic south to Patagonia. The Fraser River estuary attracts millions of birds annually. No comparable site on the flyway exists on the Pacific coast between Alaska and California. No other site in Canada supports such a diversity and number of birds in winter. The estuary is the entry to the Fraser River for some of the largest salmon runs in the world. The tidal marshes provide food, shelter and acclimatization to salt water for juvenile salmon prior to their migration to the open ocean. Significant changes to the near-shore ecosystems have already occurred due to the existing structures at Deltaport, and Terminal 2 would further degrade this essential habitat. MARINE SHIPPING There are currently nearly 3,000 large foreign vessel arrivals at Port Metro Vancouver terminals annually, or nearly 6,000 transits of the route. Confirmed terminal additions will further increase shipping. And the proposed Trans Mountain Expansion project with its 700 annual transits, and Roberts Bank Terminal 2, are currently in environmental assessment processes. It is not uncommon for container ships to be involved in significant incidents, including hull fractures and fuel oil spills. Examples of incidents involving container ships are listed on page 5. The typical container ship projected by Port Metro Vancouver for Terminal 2 will have fuel oil capacity of 1.9 million Imperial gallons, so a spill could have a devastating environmental impact. The newer, larger container ships are subjected to higher stresses in service and are prone to vibration-related phenomena that can damage the structure. These phenomena are not fully understood. It is disconcerting that two container vessels recently experienced catastrophic hull failures (in one case the ship snapped in half), yet the causes of the failures remain undetermined. FIRST NATIONS Traditional rights and interests in coastal and marine areas must be protected from effects of increased large ship traffic, including effects on fishing, hunting, trapping, gathering and other cultural practices. Concerns include safety in boat travel in harvesting areas due to increased shipping and from ship wakes; damage to shoreline habitat and archaeological sites from ship wakes; fishing gear damage and loss, displacement from fishing grounds, and potential for contamination due to fuel oil spills. U.S. Tribes No U.S. indian groups have been consulted or notified, including Lower Elwha Klallam Tribe, Lummi Nation, Makah Tribe, Tulalip Tribes, Suquamish Tribe, and Swinomish Indian Tribal Community. U.S. federal court rulings have re-affirmed the rights of Western Washington tribes to fish, hunt and gather shellfish. The tribes are established as co-managers of the salmon resource with the state, with the right to protection and restoration of salmon habitat. For treaty rights to be honoured, there must be real gains in habitat protection and restoration. Trevor Jones Salish Sea Defence Committee 2

5 ECOLOGICAL CONCERNS Southern Resident Killer Whales The Northeast Pacific Southern Resident Killer Whale population is listed as endangered in Canada under the Species at Risk Act and in the U.S. under the Endangered Species Act. The shipping route from Georgia Strait through to the open ocean at the west end of Juan de Fuca Strait is in designated 'critical habitat' in both countries. The Canadian Court of Appeal has confirmed that the quality of the critical habitat in Canada must be legally protected, including prevention of harmful acoustic disturbance. The number of ships and boats in these waters has increased dramatically. The increased traffic can disrupt killer whales simply because more vessels are passing through their habitat and potentially disturbing how the whales move through the available space. Underwater noise is a significant threat to killer whales because of interference with vocalization for navigation, foraging, and communicating. Commercial ships emit sound in a frequency range and loudness that interferes with communication and behavior in the whales. Underwater noise from ships can mask killer whale calls at distances up to 14 kilometres. Fish and Other Wildlife Over 100 marine species in the Salish Sea (Strait of Georgia, Gulf Islands, San Juan Islands, Puget Sound and Strait of Juan de Fuca) are listed as endangered, threatened, special concern or are candidates for listing by at least one of four jurisdictions (governments of Canada, BC, USA and Washington state). The waters of the Salish Sea have a significant presence of salmon, including Chinook salmon, listed as 'threatened' under the U.S. Endangered Species Act. Also, some species of salmon from the Fraser River and elsewhere that spend time in southern Georgia Strait migrate thousands of kilometres north along the west coast of BC and southeast Alaska to reach the biologically rich waters of the Gulf of Alaska during their life cycle. The effect on salmon in any of this wideranging habitat potentially impacted by vessel traffic occasioned by the Terminal 2 project is of concern. There are numerous other species in severe decline, including Common Goldeneye duck, which has declined 62% since 1970, and Eared Grebe, which has declined 72%. The San Juan Islands have documented 59 forage fish spawning sites that extend along the shoreline. In addition, eelgrass, a priority species and habitat listed along with surf smelt spawning beaches under San Juan County's Critical Areas Ordinance, is present throughout the San Juans. Wildlife impacts can result from physical oceanographic change, light pollution from vessels at night, noise pollution, oil spills, vessel traffic. Trevor Jones Salish Sea Defence Committee 3

6 MARINE VESSEL SAFETY AND MAJOR INCIDENTS The marine shipping route from the Strait of Georgia through to the west coast of Vancouver Island is considered very high risk for oil spills. Haro Strait is considered high navigational risk due to its narrow confines, strong currents and high vessel traffic. A 2013 report commissioned by the BC government indicated that response to a BC oil spill would be devastatingly slow and incomplete. The government concluded more federal resources are needed to protect the west coast. A fuel oil spill from a container ship could have a devastating environmental impact. The 230,000 US gallon Bunker C oil spill from the oil barge Nestucca 3 kilometres off the coast of Portland Oregon resulted in oil drifting along the west coast of Vancouver Island north to near Cape Scott. Oil came ashore in patches from near Victoria to near Cape Scott. Beaches were oiled and shoreline ecosystems damaged. As many as 56,000 seabirds were killed, many crab and shellfish populations were oiled, in addition to herring spawning areas. Traditional native fishing practices were affected. A spill of 936 barrels of Bunker C from the ship Kuroshima in 1997 at Unalaska Alaska contaminated 2.5 km of shoreline. Container ships are not double-hulled, unlike tankers. The outer hulls of container ships serve as part of the fuel tank, which could rupture and release fuel in the event of collision or grounding. The larger ships are noisier, and leave greater wakes. These ships take longer to stop or change course in the event of emergency. Trevor Jones Salish Sea Defence Committee 4

7 Sampling of Incidents Time Type of Ship Location Oct 2014 Container ship Lost power, drifted in rough off Haida Gwaii Simushir weather Sept 2014 Container ships Ships collided; 65 ft dent in Suez Canal Colombo Express & Colombo Express, 3 containers Maersk Tanjong into the sea August 2014 Container ship Attila Centerm Vancouver Struck berth, one-metre long puncture to a ballast tank April 2014 Container ship Ever Ethic Vanterm Vancouver Struck berth, holing two freshwater tanks Feb 2014 Container ship off northern France 520 containers lost at sea Svendborg Maersk Jan 2014 Container ship Cap Mouth of Fraser River Grounded Blanche June 2013 Container ship MOL Comfort Post-panamax, built 2008 off Yemen Ship snapped in half; cause has not been determined; 4,400 containers lost; 1,500 tonnes of fuel oil spilled March 2013 Container ship Guangyangxingang Off Shandong province, China Capsized in strong winds and sunk; 13 crew members lost 2011 Container ship Rena New Zealand Ran aground; significant loss of fuel oil; declared New Zealand s worst ever maritime disaster; the ship cracked in two 2008 Container ship MSC Sabrina 2007 Container ship Republica di Genova 2007 Container ship Cosco Busan 2006 Container ship MSC Napoli 2006 Ferry Queen of the North St Lawrence River near Trois Rivieres, Quebec Antwerp Belgium Ran aground; took 30 days to free the ship; 400 containers had to be removed before the ship could be freed Capsized San Francisco CA Hit the San Francisco - Oakland Bay bridge; 53,000 gallons fuel oil spill English Channel Structural failure of hull; 103 containers lost; oil spill - hundreds of sea birds died; the salvage operation, including a controlled explosion to split the ship in two, took 1-1/2 years to complete BC Coast Sank after running aground, contained unknown amount of diesel fuel Ensenada, Mexico Grounded; took 2-1/2 months to refloat the ship Mouth of Fraser River Grounded 2005 Container ship APL Panama 2003 Container ship Cielo del Canada 1988 Oil Barge Nestucca Gray s Harbour WA Spilled 5,500 barrels Bunker C oil, oil drifted along west coast Vancouver Island north to near Cape Scott Trevor Jones Salish Sea Defence Committee 5