Politics & Government | Northwest Coast Energy News

Minister issues non-denial denial on taking habitat protection out of the Fisheries Act

On Friday, March 16, Fisheries Minister Keith Ashfield released a brief statement denying that the government had made a decision to take habitat protection for fish out of the Fisheries Act (Earlier in the week reports had leaked saying that government intended to take protections for fish habitat out of the act, as way of clearing the way for industry.)

Ashfield’s statement, which came at 4:40 p.m. Eastern Time appeared to be the classic buried government news release issued late on a Friday. The release actually did not deny facts of the leak, making it also a classic non-denial denial.

Ottawa (Ontario) – The Minister of Fisheries and Oceans today issued the following statement:

“The government is reviewing fish and fish habitat protection policies to ensure they do not go beyond their intended conservation goals. Recent speculation about the current review is inaccurate. No decision has been made.

“The government has been clear that the existing policies do not reflect the priorities of Canadians.

“We want to focus our activities on protecting natural waterways that are home to the fish Canadians value most instead of on flooded fields and ditches.”

It is clear that Conservative policy, such as proposed changes to the Environmental Assessment Act and budget cuts at Environment Canada, is to eliminate as many environmental protections as possible, and so the sentence that policies “do not go beyond their intended conservation goals” must be interpreted in light of the environmental record of the Conservative government.

On March 13, media including The Globe and Mail Ottawa wants to bow out of regulating fish habitat, documents show and The Vancouver Sun, Canada poised to ‘gut’ fish protection laws, biologist claims reported that the Conservatives want to get government out of the job of regulating fish habitat, so projects such as the Enbridge Northern Gateway pipeline can be fast tracked.

Otto Langer, an aquatic ecologist who worked for the federal government for 32 years, obtained the documents and made them available to the media.

He said the documents show that the government intends to remove the requirement in the Canada Fisheries Act to protect fish habitats for any fish that is not of “economic, cultural or ecological value.”

Langer told The Globe and Mail: “Probably the main reason why the oil industry, especially in the Prairie provinces, wants it out of the act is its use triggers [a review under] the Canadian Environmental Assessment Act. If you are going to do harm to habitat, you have to do an environmental review and that takes time and money.”

Speaking to The Vancouver Sun Langer asked how the government could define
“what is a fish of economic, cultural or ecological value?”

Documents obtained by PostMedia news, as reported in The Vancouver Sun story, say that energy and other industries consider the Fisheries Act a irritant that holds up projects. One of the documents say:

“Some of the largest and most complex natural resource and industrial development projects across the country are affected by Fisheries Act requirements, which are consistently identified as one of the top federal regulatory irritants by stakeholders across the country,”

In his bi-weekly conference call with northwestern reporters, earlier Friday, before Ashfield issued his statement, Skeena Bulkley Valley NDP MP Nathan Cullen said he has heard the “the government is planning to take the word ‘habitat’ of Section 35 of the Fisheries Act and then ram that potential change into a budget bill.

“This is what the fisheries act is for, to protect habitat,” Cullen said. “Protecting habitat is one of the most crucial factors in protecting fish stocks. If you can’t protect habitat, then how do you protect fish?

If they do this,” Cullen said, “They’ll rip the very heart out of the Fisheries Act. The heart and soul of the act is that if you want to protect fish, you must consider habitat. You don’t have to be a genius or a fish biologist to know that if the fish don’t have anywhere to spawn, you’ll kill the fishery.”

Cullen said if the government does go ahead with the changes, “it will further compound all the problems and stresses we’ve been putting on the fishery. Essentially the government is saying that wild fish populations will not matter, that oil and gas is going to trump them every single time.

He went to say, “They did this with the Navigable Waters Act a few years ago They killed off a one hundred year old act that was designed to protect waterways in Canada. You know who it upset, and this is something the government is going to have to be paying attention to is the BC Wildlife Federation, the anglers and hunters associations, any of those groups that likes the go out into nature and actually see some nature. All of those groups got upset last time and now its going to be that times ten.“

Ashfield’s statement about flooding referred to a couple of incidents where the Department of Fisheries and Oceans would not allow draining of flooded areas. He told the House of Commons “Last year in Saskatchewan, a long-running country jamboree was nearly cancelled after newly flooded fields were deemed fish habitat by fisheries officials. In Richelieu, the application of rules blocked a farmer from draining his flooded field.”

In response, The Globe and Mail quoted Adam Matichuk, fisheries project co-ordinator for the Saskatchewan Wildlife Federation, said that, during high-water events, many fish species move into flooded areas to feed and reproduce.

“The Craven area is basically a flood plain,” he said. “It doesn’t flood every year, but, when it does, fish take advantage of it. There were hundreds of thousands of young fish, mostly pike and walleye, in there when they turned on those pumps,” he said.

Kitimat Council to consider new Enbridge forum after warning about avalanches on pipeline route

Angus McLeod and Margaret Stenson, members of the environmental group Douglas Channel Watch, wear "ocean blue" scarves at a meeting of the District of Kitimat Council, March 5, 2012. The "ocean blue" scarves represent the group's determination to protect the oceans. (Robin Rowland/Northwest Coast Energy News)

District of Kitimat Council will consider a motion at its next meeting on March 19 to hold a second community forum on the controversial Enbridge Northern Gateway pipeline.

The notice of motion was introduced by Councillor Mario Feldhoff after a request for a new forum by the environmental group Douglas Channel Watch.

Murray Minchin called for the forum after a presentation to council about the avalanche dangers at Nimbus Mountain, where Enbridge plans a tunnel through the mountain.

Minchin said Enbridge has not done a forest survey on Nimbus Mountain where the pipeline would emerge from the tunnel. However, a survey by Douglas Channel Watch members of tree growth on Nimbus Mountain, Hoult Creek on the pipeline route and Hunter Creek which are tributaries of the Kitimat River, shows strong evidence of previous avalanches which could cause serious damage to the twin bitumen and condensate pipelines.

Minchin says that documentation filed by Enbridge with the Joint Review Panel shows that while an Enbridge response crew could reach a breached pipeline in that area in four hours, it would also take four hours for as much as two million litres of diluted bitumen spilled in that area to reach the Kitimat River estuary.

The lower slopes in the area have a large population of young, small, closely packed trees and lumpy rock material on the forest floor that show that it is periodically “swept clean by avalanches,” Minchin told the council.

The young trees in the area are small because they are growing on rockfall, and there are no mature trees. There are large boulders on the lower slopes, another indication of avalanche or rock fall, Minchin said.

He showed images of middle aged hemlocks farther up the slope near the proposed tunnel exit that sometime in the past had their tops ripped off. Damage to the spreading branches of the trees on one side indicate that the trees were hit by an avalanche when they were young.

There is evidence of a major rockfall on the mountain about 50 metres above the proposed tunnel exit with rock fall material clearly visible on the forest floor. The curve of the hemlocks in the area indicate that there is still downhill movement on the slope, Minchin said.

That means, he said, that with the plans calling for the twin pipelines to be suspended 200 metres in the air over Hoult Creek, that could be hit by an avalanche.

He said the presence throughout the area of “avalanche alders” combined with the fact that there are no hemlocks, is an indication, Michin said, of regular avalanche activity.

Giant boulder brought to Houlte Creek by an avalanche — This photograph from Douglas Channel Watch shows a giant boulder and a fallen hemlock in area close to the proposed Enbridge Northern Gateway pipeline at Houlte Creek, BC. (Douglas Channel Watch)

He showed a photo of a large boulder, perhaps the size of a carport, 100 metres from the proposed tunnel exit that was brought to the area by an avalanche.

He said a study of the age of young balsam would tell an expert when the last massive avalanche occurred “but it won’t tell us when the next one will occur.” The steep slopes on Mount Houlte, leading to the pipeline route along Houtle creek mean that area which feeds the Kitimat River has seen many avalanches in the past.

The pipeline then goes into the Hunter Creek area, which Minchin says, Enbridge’s own experts have warned is also vulnerable to avalanches. At Hunter Creek, avalanche debris could temporarily dam the creek, and then, when the debris is released by spring melt or water pressure, that could a create a flash flood; a flash flood that could damage the pipelines.

He pointed to the fact the cleanup of the Kalamazoo River spill in Michigan had been shut down for the winter because the bitumen becomes too sticky to move. He then asked how much longer would it take to clean up a spill under the winter conditions of the Kitimat area. Noting that Enbridge has admitted the Kitimat river would be closed for fishing for “at least four years” he asked “How long will the cleanup take…eight twelve? And where would Kitimat get its water?”

Minchin concluded by saying if there is a pipeline breach at Hoult or Hunter Creeks, despite Enbridge’s plans, the Kitimat River downstream from those creeks would be polluted for years.

He then asked that council organize a new public forum, with three representatives, one from the Haisla First Nation, one from Enbridge and one from an environmental group, adding. “The mayor of Dawson Creek has been trotted out at every one of these forums and is irrelevant, which is why we ask that three people speak to the forum.”

Kitimat group launches anti-Enbridge petition/referendum

Danny Nunes, a candidate for mayor of Kitimat in the fall election, together with a group of volunteers, is launching a petition/referendum opposing the Enbridge Northern Gateway pipeline project.

Nunes was a gadfly candidate for Kitimat mayor in the fall election, gaining 85 votes. He is a Kitimat and Terrace based video producer and comedian, also known as Matt Mask.

Nunes pointed to a vote by Kitimat council on January 17, 2012, not to hold any council vote or referendum on the Enbridge project until after the Joint Review Panel has reported, sometime in 2013. In the meantime, Prince Rupert, Terrace and Smithers councils and the Skeena Queen Charlotte Regional District have all had votes opposing the Northern Gateway project.

“If they won’t hold a referendum, I will,” Nunes told Northwest Coast Energy News, referring to the District of Kitimat council.

He plans an old style paper petition, getting signatures by going to events or door to door, making sure that as many signatures as possible can match the voters’ list in the last municipal election. Matching with the voters’ list is one reason why Nunes says he is not going to use an online petition site.

Once he has signatures from all those Kitimat residents who oppose the Northern Gateway project– “we’ll know if the town is opposed or just a small minority” — he plans to present the petition to District of Kitimat Council, probably sometime in April.

Links Enbridge lobbying, Enbridge pipeline, Gateway hearings and more

TERMPOL report on Enbridge marine operations sees “no regulatory concerns,” tankers could be “unassisted” by tugs

A report from TERMPOL for the the Joint Review Panel on Enbridge’s proposed marine operations for the Northern Gateway pipeline project, finds

While there will always be residual risk in any project, after reviewing the proponent’s studies and taking into account the proponent’s commitments, no regulatory concerns have been identified for the vessels, vessel operations, the proposed routes, navigability, other waterway users and the marine terminal operations associated with vessels supporting the Northern Gateway Project. Commitments by the proponent will help ensure safety is maintained at a level beyond the regulatory requirements.

Even though Enbridge has promised that tankers would have escort tugs, the report goes to so far as to suggest that super tankers could come and go along Douglas Channel “unassisted.”

TERMPOL has taken all the assurances from Enbridge at face value, including the use of escort tankers, and takes into consideration the company’s proposed “environmental limits (weather and sea conditions) on oil tanker navigation,” and “commitment to use industry best practices and standards.”

The report says:

The overall increase in marine traffic levels is not considered to be an issue for the shared safe use of the project’s preferred shipping routes. The proponent has also committed to including safe speeds for oil tankers and tugs in its terminal rules and requirements. It will also include safety limits for environmental and marine conditions for both vessels and terminal operations.

With the increase in shipping activity, there may be an increased threat to the well-being of marine mammal populations along the shipping route. To address this risk, the proponent has proposed measures to avoid contact with mammals. The proponent is encouraged to develop appropriate procedures to help minimize harmful effects on marine mammals.

Read the report: Transport Canada Process Report on the Enbridge Northern Gateway Project (PDF)

In a news release, Enbridge welcomed the findings, quoting Janet Holder, Enbridge’s Executive Vice-President of Western Access and the senior executive with responsibility for Northern Gateway, as saying: “It is important for the public, particularly BC residents, to know that we’ve done our homework and that our marine plan has been thoroughly reviewed. I think the TERMPOL review underlines that what we are proposing is well planned and safe – and indeed would enhance safety for all shipping on BC’s north coast.”

The release says “Northern Gateway is encouraged by the positive conclusions of this technical review of the marine components of the project – including the safe operation of the Kitimat terminal and safe passage of tankers to and from the facility through Canadian waters.”

TERMPOL is an intergovernmental agency made up of officials from Transport Canada, Environment Canada, Fisheries and Oceans, Canadian Coast Guard and the Pacific Pilotage Authority. It can make recommendations and compliance with the recommendations is “voluntary.” So far companies contemplating tanker operations along the northwest coast have agreed to follow the TERMPOL recommendations.

Marine safety simulator — A marine safety simulator (Enbridge Northern Gateway)

All of the conclusions depend on Enbridge’s commitment to implement and monitor practices for safer shipping for the Northern Gateway Project. “Tankers and shipping operations, like any other vessel operations, will have to comply fully with national and international regulatory frameworks. Through the proponent’s oil tanker vetting and acceptance process, ship operators will have to follow the proponent’s additional safety enhancements, which are designed to reduce the risks during operations.”

Termpol did note that with up “to 250 additional tankers per year arriving in Kitimat, there will be an impact on Transport Canada’s compliance monitoring programs.” This comes at a time the government of Stephen Harper is already drastically cutting the resources for the Department of Fisheries and Oceans and the Canadian Coast Guard on the west coast and is making across the board cutbacks at Environment Canada.

The simulations show that the largest proposed oil tankers are capable of safely navigating the entire proposed shipping route, unassisted. The route includes an S-curve where the channel widths are between 3,500 and 5,000 metres. Navigation simulations carried out by the proponent have demonstrated that a typical 320,000 tonne crude oil tanker loaded, or in ballast, can safely negotiate this area.
TERMPOL report

Based on reviews by the Canadian Coast Guard and computer simulations of bridge operations, the teports says the waterways comply with all Canadian and international regulations and says:

The proposed routes provide the required clearances for good vessel manoeuvrability and allowances for very large crude oil tankers to safely navigate…

The simulations showed that tankers of the largest design are capable of navigating the entire route un-assisted. This is also consistent with opinions of Pacific Pilotage Authority Canada and the British Columbia Coast Pilots. The British Columbia Coast Pilots identified some narrow sections of the waterways as warranting caution for two-way traffic. The Canadian Coast Guard identified that the Lewis Passage-Wright Sound area warrants caution as a result of multi-directional traffic. In practice, the British Columbia Coast Pilots, supported by information from Marine Communications and Traffic Services, would adjust a vessel’s speed to avoid meeting other vessels in these areas. Transit speeds may also have to be adjusted to take into account traffic in the Wright Sound area.

TERMPOL says the “proposed shipping routes are appropriate for the oil tankers that will be used at the proposed terminal,” largely because Douglas Channel is so deep.

The next sentence says “there are no charted obstructions that would pose a safety hazard to fully loaded oil tankers,” which was pretty well known by people who sail Douglas Channel.

Testimony at the Joint Review hearings in Kitimat, presentations to District of Kitimat council and the history of the region, as related by both aboriginal and non-aboriginal sailors, show that there are concerns about dangerous storms, general heavy weather, tricky winds off the mountains and currents from the rivers meeting the ocean.

The report also says the Canadian Hydrographic Service is in the process of updating several charts of the area to ensure the most accurate information is available for safe navigation.

The report does acknowledge that there could be a tanker collision in certain areas of the British Columbia coast, saying: “The narrower passages along the North and South routes, each with charted depths of 36 m (20 fathoms) or more are all wide enough for two-way navigation by the largest design vessel,” but adds that while “the proposed channels meet the specified requirements for two-way marine traffic, the BC pilots “may choose to ensure that passing and overtaking situations do not occur in the narrowest sections, by good traffic management.”

It says that in certain areas “that the meeting of two large ships …. should, in general, be avoided, particularly during severe (wind 30 knots or above) weather conditions. The reason for this restriction is that the margins for safe navigation are limited in case of an emergency situation where the engine is lost or the rudder is locked at an angle different from ‘mid ship’.”

According to the pilots, the meeting of ships at these locations can easily be avoided through oroper planning and pilot to pilot communication and available navigation and ship tracking data.

It adds, as Enbridge has proposed, “In order to mitigate risk, all laden tankers will have a tethered escort tug throughout the Confined Channel sections (from Browning Entrance or Caamaño Sound to the Kitimat Terminal).

The report adds:

It is important to keep in mind that the emergency situations described rarely occur, but that it is necessary for the Pilots and Tug Masters to rehearse these situations on a regular basis in order to be prepared in case an incident actually occurs.

Related TERMPOL

Douglas Channel Watch calls on Kitimat council to “get off the fence”

The environmental group, Douglas Channel Watch, Monday, Feb. 20, called on the District of Kitimat Council to “get off the fence” and oppose the Enbridge Northern Gateway pipeline.

Dieter Wagner, spokesman for Douglas Channel Watch, addressed the council at its regular meeting. His call came after both Terrace Council and the Skeena Queen Charlotte Regional District voted to oppose the controversial pipeline that would carry bitumen from Alberta to the port of Kitimat and condensate back to Alberta.

The council listened to Wagner’s presentation but took no action, despite calls at the close for a referendum on the issue.

“Our group and many others can’t quite comprehend why our mayor and council hold the position of neutrality regarding the Northern Gateway. We are requesting you to abandon this position and officially oppose this project,” Wagner said. “Few places tend to lose as much as Kitimat does from the inevitable dilbt spill, either in our river system or our marine environment.”

(“Dilbit” is the industry term for “diluted bitumen.” The pipeline from Alberta will carry oil sands bitumen but for it flow through the pipeline, it must be diluted using a form of refined natural gas called condensate.)

Wagner said that most of the “massive amount of information available on everything concerning this project” is negative. He warned that some documents said there is even a risk of death and injury if humans are exposed to dilbit. He also said that in his view, neither Enbridge nor any level of government have given people enough warning and education abut the effects of a dilbit spill.

Wagner returned to a point made time and time again by Douglas Channel Watch, that is often the local people who detect pipeline spills, sometimes by smelling them, not the sensors used by Enbridge. He cited the case of the Enbridge pipeline breach at Kalamazoo, Michigan, where the spill was reported by calling 911 to local police, rather than by Enbridge’s Edmonton control centre.

Wagner pondered who would detect such a spill on the Kitimat River where there is nobody to report it.

“We are concerned who would detect a spill along the Kitimat River, especially in winter time,” he said. “If there is a spill in the upper Kitimat River, no one will know about it until it gets way down here.”

He maintained that the Gateway project has not adequately addressed the issue of emergency response along the water courses, a point that Enbridge would certainly dispute, given the thousands of pages of documents it has filed with the Joint Review Panel concerning emergency procedures and contingency plans. (For example, Douglas Channel Watch recently objected to an Enbridge plan to burn the Kitimat estuary if there was an oil spill there)

Wagner then turned to the sinking of the cruise ship Costa Concordia off Italy. “The latest technology is no absolute safeguard against a shipping disaster,” he told the councillors. “Cruise ships are normally really well equipped to take care of thousands of people. No technology has yet been invented to deal with human error. Many of these things are due to human error, not equipment failure.”

He quoted the Polaris Institute which he said has found there were 204 spills in Enbridge pipelines from 1999 to 2010, spills which leaked 169,000 barrels of oil into the environment.

Wagner then turned to the growing controversy over the credibility of the Joint Review Process, especially due to political interference by Prime Minister Stephen Harper and members of his cabinet.

“We believe it is better to be proactive to influence the JRP, rather than wait for their decision,” he said’ “When they have made their decision, it is no good, it [ a decision by Kitimat] has to be done before, by making it known that our community does not support this project.”

“The impartiality of the JRP is already threatened by the federal and provincial government officials. Mr Harper in China has already said this project is gong to go ahead and you’re going to get yours, so why are we having the JRP hearings?

“We believe that the management of large corporations and foreign political interests are not in the best interest of our community; the environmental movement has been labelled as enemies of the state by Prime Minister Harper and [Natural Resources] Minister [Joe] Oliver.

Wagner added that support “for these so called radicals, so called enemies” is growing, as seen through growing contributions to the environmental groups.

“When our government labels every day citizens who are actively participating in democracy and its processes, we feel that we need to speak out against that and to address the serious levels of interference we face on the issue,” Wagner said.

“We believe not in the risk of a spill we believe that a spill is a certainty.”

He concluded by saying that in the pre-election all candidates meeting last fall, new councillors Mary Murphy and Edwin Empinado had backed calls for a referendum on the pipeline issue.

Wagner then pointed to the vote by council not to take any decisions until after the JRP report, adding: [New councillors] “Edwin Empinado and Mary Murphy backed down from this promise at the last council meeting. I wonder if this is something they learned from Ex-Premier Gordon Campbell; that this intended to be a promise not kept.

“We ask you to abandon the official position of neutrality.”

(Wagner was referring to an election promise by former premier Campbell not to introduce the HST, which lead to a political campaign to rescind the tax, ending a successful anti-tax referendum and the end of Campbell’s tenure as premier of British Columbia)

The partisan audience, many members of Douglas Channel Watch or supporters, applauded, while Mayor Joan Monaghan admonished Wagner for “knocking down our council.”

Murphy then responded by saying.“ We all debate. Once we became councillors, we represent everybody in the town, not just one particular group,” she said. “We represent every citizen in Kitimat now so personal opinions,” Murphy said.

She then pointed that Haisila Chief Counsellor Ellis Ross told the JRP on the first day of hearings that he would wait for the JRP to make their decision. What Murphy did not mention was that the federal government has told the Haisla and other First Nations that the constitutional mandated consultation with First Nations will not take place until after the JRP report. That means that it would be a bad tactic for First Nations directly affected by the pipeline to make any decision until after the report that could affect those consultations.

As the council moved on to other business, there murmurs of dissatisfaction from the audience with cries of “referendum” and “why did I vote for her?” (referring to Murphy). Most of the Douglas Channel Watch supporters then left the chambers.

More pipeline debate coming to the Northwest: Changes to the Pacific Trails natural gas Pipeline

Pacific Trail Pipelines map — The Pacific Trails Pipeline map as of Feb. 2012. (PTP/BCEAO)

Another pipeline debate is about to open in the northwest. This time for changes to the Pacific Trails (natural gas) Pipeline, that will run from Summit Lake, just outside Prince George, to Kitimat.

Public information meetings will be held in Terrace, Houston, Burns Lake and Vanderhoof in the next couple of weeks.

The PTP runs entirely within British Columbia, and so comes under the jurisdiction of the Environmental Assessment Office of British Columbia. The application to build the PTP was filed in 2005 and approved in 2008 which means the process for the amendments will go much faster than the current Northern Gateway Joint Review hearings for the Enbridge twin bitumen/condenseate pipeline which are expected to last at least another eighteen months.

Pacific Trails is asking to

Change the location of the compressor station;
Establish two new temporary stockpile sites;
Make pipeline route modifications

The period for commenting on the Pacific Trails Pipeline amendments opens on February 27 and closes March 28. The public meeting on the changes to the compressor station were held in Summit Lake last September.

The documents filed with the BCEAO say that Pacific Trails Pipelines is in ongoing negotiations with First Nations where the PTP will cross their traditional territory.

The natural gas project has general support in northwestern BC, and the relations between First Nations and PTP, and Apache, the main backer of the Kitimat LNG project are much better than those with Enbridge. (The PTP would supply the liquified natural gas terminals in Kitimat)

Significantly, the documents show that the PTP is trying to enter separate negotiations with the Wet’suwet’en houses that are now objecting to the pipeline route through their traditional territory.

The filing says:

In addition, PTP is now consulting, or making all reasonable efforts to consult, with one of the 13 Wet’suwet’en Houses as a discrete entity. PTP was informed in February 2011 that Chief Knedebeas’s House, the Dark House, was no longer part of the Office of the Wet’suwet’en although the latter still maintains responsibility for the welfare of all Wet’suwet’en lands and resources. Consultation that took place prior to this year with the Office of the Wet’suwet’en included consultation with the Dark House. PTP has been diligent in seeking to consult with the Dark House since April 2011. The spokesperson for Chief Knedebeas of the Dark House, Freda Huson, states that she also represents a group called Unist’ot’en.

But it’s Enbridge that is the sticking point, and could bring controversy to this amendment request. The Wet’suwet’en houses that blockaded a PTP survey crew last fall said they were worried that the Northern Gateway pipeline follows roughly the same route as the PTP. The PTP application was filed and approved long before the controversy over the Enbridge Northern Gateway began to heat up.

One reason is that original approval was for a pipeline to import natural gas before the shale gas boom changed the energy industry. As PTP says in the application to change the compressor station.

When the original purpose of the PTP Project was to transport natural gas from an LNG import facility at Kitimat to the Spectra Energy Transmission pipeline facilities at Summit Lake, the design called for the installation of a mid-point compressor station to enable the required throughput of natural gas. This compressor station was sited at the hydraulic mid-point of the pipeline. The location of the compressor station in 2007 was south of Burns Lake and just east of Highway 35.

Now that the PTP Project is designed to move natural gas from Summit Lake to Kitimat, or east to west, a compressor station is required at Summit Lake rather than at the hydraulic mid-point of the pipeline. The new Summit Lake compressor station is required in order to increase the pressure of the natural gas from where it is sourced at the Spectra Energy Transmission pipeline facilities.

The EAO will hold open house meetings on the pipeline route changes from 4 pm to 8 pm at each location at

Monday, February 27, 2012
Nechako Senior Friendship Centre, 219
Victoria Street East
Vanderhoof, BC

Tuesday, February 28, 2012
Island Gospel Gymnasium
810 Highway #35
Burns Lake, BC

Wednesday, February 29, 2012
Houston Senior Centre
3250 – 14th Street W
Houston, BC

Thursday, March 1, 2012
Best Western Plus Terrace Inn
4553 Greig Avenue
Terrace, BC

The EAO says: Displays containing information on the proposed amendments will be available for public viewing. The EAO will be available to answer questions on the amendment process. The Proponent will be available to answer questions on the Project and proposed amendments.

The documents show there are route changes to the pipeline route along the Kitimat River, but those are considered “minor route adjustments” so no meetings are planned for Kitimat.

Documents

PTP meeting schedule

Complete filing documents from PTP are available on the BCEAO site here.

Pacific Trails Pipeline

Recreational halibut quota increased to 15 per cent but season may end in August

Updated

The Department of Fisheries and Oceans has increased the recreational halibut quota to 15 per cent.

A release issued this afternoon by Fisheries Minister Keith Ashfield says, “the Minister has instructed the Department to make an immediate correction in the allocation formula for the Pacific halibut fishery. Under the new formula, 85 per cent of the resource will be allocated to the commercial sector and 15 per cent to the recreational sector.”

However, this may not be good news for the recreational halibut industry. A news release from the Sports Fishing of Institute British Columbia, issued late Friday, says that regulations not mentioned in Ashfields’s Friday afternoon news release from DFO, says the recreational season will end August 15. DFO officials were not available for confirmation late Friday.

So if there is a shorter season, the quota increase may not mean that much to the recreational sector.

The DFO news release goes on to say:

The 2012 Pacific halibut recreational fishing season will open March 1st. Recreational anglers with a tidal water licence will be able to catch one halibut per day with two in possession. Fisheries and Oceans Canada will continue to work with recreational community representatives to identify monitoring and management measures that will provide greatest flexibility and season length while staying within their allocation.

The release from Robert Alcock, of the Sports Fishing Institute says:

Today’s changes to the recreational halibut fishery, will ensure that in 2012, recreational anglers will experience the shortest halibut fishing season in memory, said Sport Fishing Institute of BC President Robert Alcock. “Minister Ashfield closed the recreational halibut fishing on September 5th last year and caused extensive economic damage to the sport fishing industry”, said Alcock. “Today he served notice that recreational halibut fishing will end in the first week of August, which will wreak havoc in the sport fishing industry and which will not conserve a single fish.”

Ashfield announced that he will not accept the unanimous recommendation of Canada’s 300,000 recreational anglers and create a “fixed number’ fishery that would allow recreational anglers to enjoy a predictable fishery during periods of low halibut abundance. Instead, Ashfield simply tinkered with the flawed allocation system established in 2003 which will ensure that Canada’s 436 commercial halibut quota holders can continue to harvest 85% of Canada’s sustainable Total Allowable Catch (TAC). The TAC is established annually by the International Pacific Halibut Commission and the amount of halibut that Canada and the US can harvest without endangering the long-term stability of halibut stocks.

Ashfield said in his news release that the decision will provide greater long-term certainty to the Pacific halibut fishery.

“Our government is making good on a commitment to provide greater long-term certainty in the Pacific halibut fishery for First Nations, commercial and recreational harvesters, and, most importantly encouraging jobs and economic growth in British Columbia.”

The release also says the controversial program where recreational fishers could buy additional quota from the commercial sector will continue, despite the fact a report from DFO to the International Pacific Halibut Commission indicated the program was a failure, with few people taking part.

While the recreational halibut fishery has lobbied for years to increase the quota from the old system of 12 per cent for the recreational sector and 88 per cent for the commercial sector, today’s decision comes after the IPHC lowered the overall quota for the Pacific Coast by 18 per cent. BC’s quota for 2012 is eight per cent lower, at 7.038 million pounds of halibut, a decrease from the 2011 quota of 7.650 million pounds.

At the IPHC meetings in Anchorage, Alaska, last month, scientists expressed long term fears about the health of the halibut biomass, due to the large number of undersized females. At the same meeting scientists and fishers also said that the bycatch, especially from the pollock trawl fishery in the Gulf of Alaska was devastating the halibut “nursery.”

Before the news of the early closure of the season broke, Kitimat mayor Joanne Monaghan, recreating to the news of the quota increase said. “Hopefully some of the hard lobbying by the Kitimat group did paid off. I believe it did. Good going guys. Keep it up, still things to do.”

In the Institute’s news release Alcock went on to say:

During the 2011 election, Prime Minister Stephen Harper told Island residents that “Our government recognizes the importance of the halibut fishery in BC. The jobs and regional economic impact of the commercial, recreational and related tourism in BC are substantial. We remain committed to finding a solution to BC’s halibut allocation issue in advance of the 2012 season that strikes a fair balance between all sectors.”

“Recreational halibut fishers took the Prime Minister at his word,” said Alcock. “Sadly, today we have learned the hard way that the Prime Minister’s word is of little value, particularly to the hundreds of businesses, thousands of sport fishing industry employees and the hundred thousand Canadians who enjoy recreational halibut fishing.”

According to a recent study conducted for the BC Seafood Alliance (the commercial sector’s industry association), the recreational fishery in BC produces $642 million in annual sales, pays $150 million in wages and benefits, creates more than 7,800 jobs and 3,950 person-years of employment and contributes $240 million to the province’s Gross Domestic Product.

Editor’s Note: Journalists are always wary of a government news release issued late on Friday afternoon. On the surface, the increase in the recreational quota was good news, something the guides and fishers had been fighting for years. Still, I was wondering why it came out on a Friday afternoon. It took the Sports Fishing Institute of BC, who was able to find the regulations that they say indicate the season ends on August 15, that shows why the release came out late on Friday.

JRP rejects Enbridge request on time limit for non-aboriginal intervenors in Gateway hearings

The Northern Gateway Joint Review panel has rejected a request from Enbridge to limit non-aboriginal intervenors to 10 minutes before the panel.

Northern Gateway had asked that oral evidence during from non-Aboriginal intervnors be limited to “10 minutes of presentation time each, unless the intervenor is able to justify additional time.” Enbridge Northern Gateway argued in a letter filed earlier this week that such a schedule would still enable intervenors to provide oral evidence, and would allow the hearing in Prince Rupert to conclude on Friday.

Enbridge said that, in its opinion, the majority of oral evidence provided by non-Aboriginal participants during the community hearings to date has not met the criteria set out in a procedural ruling released by the panel on January 4. Enbridge argued, correctly, that many of the submissions have included argument or have addressed matters that are properly written evidence.

The panel rejected Enbridge’s motion, saying

The Panel has addressed proper oral evidence in Procedural Direction #4 and will continue to deal with the appropriateness of oral evidence on a case by case basis. Parties who are of the opinion that oral evidence does not comply with Procedural Direction #4 may raise an objection with the Panel during the presentation and the Panel will rule on the objection. At this time the Panel will not set the time limit for oral evidence as requested by Northern Gateway.

The panel went on to repeat (and perhaps clarify) the rules set out in the January procedural directive,which has caused a great deal of confusion in the hearings.

It saysoral evidence should not include:

technical or scientific information;
opinions, views, information or perspectives of others
detailed information on the presenter’s views on the decisions the Panel should make or detailed opinions about the Project;
recommendations whether to approve or not approve the Project and the terms or
conditions that should be applied if the Project were to proceed; or
questions that the presenter wants answered.

The JRP ruling says that “If an oral evidence presentation or any part thereof does not qualify as oral evidence, the Panel will determine whether it is proper for the presentation to continue.”

Cullen files objection to Enbridge request for time limit on JRP speakers

Nathan Cullen, MP for Skeena Bulkley Valley, and a candidate for the leadership of the New Democratic Party, has filed a formal objection with the Northern Gateway Joint Review panel to Enbridge’s request that non-aboriginal speakers be limited to just ten minutes, saying he is “shocked at such attempts to change the rules mid-hearings.”

If granted, the time limit would apply beginning at the hearings in Prince Rupert this weekend.

The village of Old Massett on Haida Gwaii also filed a letter of comment objecting to Enbridge’s stance, calling Enbridge’s request “a mockery of the whole [JRP] process.” A number of people who also filed letters of comment on their own behalf objecting to the Enbridge motion.

In his letter, Cullen says:

It is my duty, and right, as Member of Parliament for Skeena-Bulkley Valley to express and defend the views and interests of my constituents. I have spoken with constituents across Northwest British Columbia and most residents in the riding have expressed concerns regarding the Enbridge Northern Gateway Pipeline. It is for this reason that I decided to participate in the review process.

When assessing how best to participate, I chose to act as an intervenor, in part, because it offered more than 10 minutes to address the Panel. I am sure the Panel can appreciate that Skeena-Bulkley Valley is one of the largest federal ridings in Canada with diverse communities. Sharing my personal knowledge and breadth of experiences from over seven years representing and working with these communities cannot be done in 10 minutes or in writing. I therefore requested, and was granted, 45 minutes for oral evidence.

It was with grave concern that I read the letter submitted February 13, 2012 – a mere five days before I will speak to the Panel – requesting that non-Aboriginal participants giving oral evidence have their time limited to 10 minutes. I am shocked at such attempts to change the rules mid-hearings.

Cullen says the letter from Ken MacDonald, Vice President Law and Regulatory for Enbridge Northern Gateway covers two seperate issues. The first is that non-Aboriginal participants presenting oral evidence not stray from the guidelines to speak about traditional or personal knowledge. Cullen says “this directive is a fair request.”

He then adds, “limiting speaking time neither guarantees nor is necessary to ensure
that presenters follow the guidelines. I can therefore only read this request as an effort to silence, among others, elected officials.”

Although Cullen says “presenters must diligently ensure that their oral evidence is within the realms established by all Procedural Directions” and adds “ The Panel has its set of tools that it can use to ensure that speakers do not stray from those directives and it should remain
in the hands of the Panel to make such judgments,” experience at the hearings shows that whether the witness is aboriginal or non-aboriginal, there is usually a grey line between recounting traditional or personal knowledge and expressing fears based on that knowledge. The panel permits the former but tries to cut off “arguments” when the witness crosses that grey line.

Cullen concludes, “I can assure you I have prepared my evidence with this in mind.”

John Disney, Economic Development Officer for Old Massett, filed a comment on behalf of the village council:

This office on behalf of the community of Old Massett wish to strongly object to the above quoted letter submitted by Enbridge Northern Gateway Pipelines (ENGP) to the JRP pertaining to the Prince Rupert hearing schedule. It is preposterous that the proponent of this entire project is now trying to influence the process that is purported to be separate and at arms length from themselves.

ENGP should not and must not have any influence on the process. They have made their application and should now be patient and await the outcome of the process. Anything less is a flagrant violation of the democratic process and for them to think they can now step in and ‘change the rules’ is arrogant at the least and violates all democratic principles at the worst.

This office therefore strongly recommends that this request be denied and the process be allowed to continue. The non-aboriginal interveners and their representatives have a strong and very relevant message to present to the JRP. To curtail this message would make a mockery of the entire process.

Nathan Cullen’s response to Northern Gateway Pipelines request to limit time (pdf)

Old Massett Village Council Letter of Comment pdf