The study shows that embryonic salmon and herring exposed to very low levels of crude oil can develop hidden heart defects that compromise their later survival.
That means that the Exxon Valdez spill on March 24, 1989 may have had much greater impacts on spawning fish than previously recognized, according to the study published in Nature’s online journal Scientific ReportsVery low embyronic crude oil exposures cause lasting defects in salmon and herring.
“These juvenile fish on the outside look completely normal, but their hearts are not functioning properly and that translates directly into reduced swimming ability and reduced survival,” said John Incardona, a research toxicologist at NOAA Fisheries’ Northwest Fisheries Science Center (NWFSC) in Seattle. “In terms of impacts to shore-spawning fish, the oil spill likely had a much bigger footprint than anyone realized.”
Previous research has shown that crude oil disrupts the contraction of the fish heart muscle cells. Embryonic fish exposed to trace levels of crude oil grow into juveniles with abnormal hearts and reduced cardiorespiratory function.
“With this very early impact on the heart, you end up with an animal that just can’t pump blood through its body as well, which means it can’t swim as well to capture food, form schools, or migrate,” said Mark Carls, toxicologist at the Alaska Fisheries Science Center. “Crude oil is changing basic physiology, or what makes a fish a fish.”
The research builds on earlier work by the Auke Bay Laboratories, part of NOAA Fisheries’ Alaska Fisheries Science Center, which found much reduced survival of pink salmon exposed as embryos to polycyclic aromatic hydrocarbons (PAH) from crude oil.
“Our findings are changing the picture in terms of assessing the risk and the potential impacts of oil spills,” said Nat Scholz, leader of the NWFSC’s ecotoxicology program and a coauthor of the new study. “We now know the developing fish heart is exquisitely sensitive to crude oil toxicity, and that subtle changes in heart formation can have delayed but important consequences for first-year survival, which in turn determines the long-term abundance of wild fish populations.”
The Exxon Valdez spill was the largest in U.S. history, with extensive oiling of shoreline spawning habitats for Pacific herring and pink salmon, the two most important commercial fish species in Prince William Sound.
Herring larvae sampled in proximity to oil were visibly abnormal, and mortality rates were higher for pink salmon embryos at oil spill sites than unaffected regions.
The herring fishery collapsed three to four years after the spill, when the herring spawned in oiled areas reached reproductive maturity.
The paper notes that the contribution of the spill to the herring population collapse, if any, was never determined and remains controversial.
Other studies, however, tend to confirm the findings, including heart problems for fish exposed to the Gulf of Mexico Deepwater Horizon spill and even fish exposed to naturally occurring oil seeps.
The new findings suggest that the delayed effects of the spill may have been important contributors to the declines.
Scientists from the Northwest Fisheries Science Center and Alaska Fisheries Science Center temporarily exposed embryonic salmon and herring to low levels of crude oil from the North Slope of Alaska and found that both absorbed chemicals at similar concentrations in their tissues. The embryos were then transferred to clean seawater and raised as juvenile fish for seven to eight months.
Few of the exposed embryos were outwardly abnormal in any way. However, closer examination of the fish revealed subtle defects that could reduce their long-term survival.
Juvenile salmon exposed to oil grew more slowly, with those exposed to the highest concentrations growing the slowest. For salmon, early survival in the ocean is strongly influenced by juvenile growth, with smaller fish suffering higher loss to predators.
Scientists used swimming speed as a measure of cardiorespiratory performance and found that fish exposed to the highest concentrations of oil swam the slowest. Slower swimming is an indication of reduced aerobic capacity and cardiac output, and likely makes fish easier targets for predators.
Exposure to oil as embryos altered the structural development of the hearts of juvenile fish, potentially reducing their fitness and swimming ability. Poor swimming and cardiac fitness is also a factor in disease resistance.
Earlier studies on the ecosystem-scale crash of the Prince William Sound herring population several years after the Exxon Valdez spill were based on higher levels of exposure to the oil. The new study shows that that cardiac injury occurs in normal-appearing fish that survive even lower level exposures.
The scientists reviewed data on measured oil concentrations in surface water samples collected in Prince William Sound after the oil spill and during the 1989 herring spawning season. Most of the 233 samples contained less oil than was believed to be toxic to herring at the time, based on visible gross developmental abnormalities. However, nearly all of the samples contained oil at or above concentrations shown in the new study to alter heart development.
If the Exxon Valdez spill impacted heart development among a large majority of fish that were spawned in proximity to oiled shorelines, the subsequent losses of juveniles to delayed mortality would have left fewer adults to join the population. Although not direct proof, this provides a plausible explanation for the collapse of the Prince William Sound herring stock four years later, when fish spawned during the oil spill would have matured.
The study concludes that the impacts of the Exxon Valdez spill on near shore spawning populations of fish are likely to have been considerably underestimated in terms of both the geographic extent of affected habitat and the lingering toxicity of low levels of oil. The findings will likely contribute to more accurate assessments of the impacts of future oil spills, Incardona said. “Now we have a much better idea of what we should be looking for,” he said.
That means, according to the study “that the impacts of the Exxon Valdez oil spill on populations of near shore spawning fish are likely to have been considerably underestimated, in term of both the geographic extent of affected habitats and the lingering toxicity of low levels of residual oil.”
The report calls for more studies of the sensitivity of the developing fish heart since the vulnerability “also has implications for other pollution sources in marine ecosystems, including increasing maritime vessel traffic and expanding land-based urban runoff.”
Scientific studies after the Exxon Valdez spill indicated that the vast majority of species recovered following the spill and that functioning ecosystems, similar to those existing pre-spill, were established.
Species for which recovery is not fully apparent, such as Pacific herring, killer whales, and pigeon guillemots, appear to have been affected by other environmental factors or human influences not associated with the oil spill. Insufficient pre-spill baseline data on these species contributed to difficulties in determining the extent of spill effects.
Based on the evidence, the Panel finds that natural recovery of the aquatic environment after an oil spill is likely to be the primary recovery mechanism, particularly for marine spills. Both freshwater and marine ecosystem recovery is further mitigated where cleanup is possible, effective, and beneficial to the environment.
Natural processes that degrade oil would begin immediately following a spill. Although residual oil could remain buried in sediments for years, the Panel finds that toxicity associated with that oil would decline over time and would not cause widespread, long-term impacts.
The United States says acidification of the oceans means there is an already growing risk to the northwest coast fishery, including crab and salmon, according to studies released by the National Oceanic and Atmospheric Administration.
As more carbon dioxide is released into the atmosphere and absorbed by the oceans, the water is becoming more acidic and that affects many species, especially shellfish, dissolving the shells.
A NOAA study released today of environmental and economic risks to the Alaska fishery says:
Many of Alaska’s nutritionally and economically valuable marine fisheries are located in waters that are already experiencing ocean acidification, and will see more in the near future…. Communities in southeast and southwest Alaska face the highest risk from ocean acidification because they rely heavily on fisheries that are expected to be most affected by ocean acidification…
An earlier NOAA study, released in April, identified a long term threat to the salmon fishery as small ocean snails called pteropods which are a prime food source for pink salmon are already being affected by the acidification of the ocean.
The term “ocean acidification” describes the process of ocean water becoming more acidic as a result of absorbing nearly a third of the carbon dioxide released into the atmosphere from human sources. This change in ocean chemistry is affecting marine life, particularly the ability of shellfish, corals and small creatures in the early stages of the food chain to build skeletons or shells.
Today’s NOAA study is the first published research by the Synthesis of Arctic Research (SOAR) program, which is supported by an US inter-agency agreement between NOAA’s Office of Oceanic and Atmospheric Research and the Bureau of Ocean Energy Management (BOEM) Alaska Region.
Des Nobles, President of Local #37 Fish [UFAWU-UNIFOR] told Northwest Coast Energy News that the fisheries union and other fisheries groups in Prince Rupert have asked both the Canadian federal and the BC provincial governments for action on ocean acidification. Nobles says so far those requests have been ignored,
Threat to crabs
The studies show that red king crab and tanner crab grow more slowly and don’t survive as well in more acidic waters. Alaska’s coastal waters are particularly vulnerable to ocean acidification because of cold water that can absorb more carbon dioxide and unique ocean circulation patterns which bring naturally acidic deep ocean waters to the surface.
“We went beyond the traditional approach of looking at dollars lost or species impacted; we know these fisheries are lifelines for native communities and what we’ve learned will help them adapt to a changing ocean environment,” said Jeremy Mathis, Ph.D., co-lead author of the study, an oceanographer at NOAA’s Pacific Marine Environmental Laboratory in Seattle, and the director of the University of Alaska Fairbanks School of Fisheries and Ocean Sciences Ocean Acidification Research Center.
As for Dungeness crab, Sarah Cooley, a co-author of the Alaska study, who was with the Woods Hole Oceanographic Institution at the time, told Northwest Coast Energy News, “The studies have not been done for Dungeness crab that have been done for king and tanner crab, that’s something we’re keenly aware of. There’s a big knowledge gap at this point.” She says NOAA may soon be looking at pilot study on Dungeness crab.
Risk to Salmon, Mackerel and Herring
In a 2011-2013 survey, a NOAA-led research team found the first evidence: “that acidity of continental shelf waters off the West Coast is dissolving the shells of tiny free-swimming marine snails, called pteropods, which provide food for pink salmon, mackerel and herring.”
The survey estimated that the percentage of pteropods along the west coast with dissolving shells due to ocean acidification had “doubled in the near shore habitat since the pre-industrial era and is on track to triple by 2050 when coastal waters become 70 percent more corrosive than in the pre-industrial era due to human-caused ocean acidification.”
That study documented the movement of corrosive waters onto the continental shelf from April to September during the upwelling season, when winds bring water rich in carbon dioxide up from depths of about 120 to 180 metres to the surface and onto the continental shelf.
“We haven’t done the extensive amount of studies yet on the young salmon fry,” Cooley said. “I would love to see those studies done. I think there is a real need for that information. Salmon are just so so important for the entire Pacific Northwest and up to Alaska.”
In Prince Rupert, Barb Faggetter, an independent oceanographer whose company Ocean Ecology has consulted for the fisherman’s union and NGOs, who was not part of the study, spoke generally about the threat of acidification to the region.
She is currently studying the impact of the proposed Liquified Natural Gas terminals that could be built at Prince Rupert near the Skeena River estuary. Faggetter said that acidification could affect the species eaten by juvenile salmon. “As young juveniles they eat a lot of zooplankton including crustaceans and shell fish larvae.”
She added, “Any of the shell fish in the fishery, including probably things like sea urchins are all organisms that are susceptible to ocean acidification because of the loss of their capacity to actually incorporate calcium carbonate into their shells.”
Faggetter said her studies have concentrated on potential habitat loss near Prince Rupert as a result of dredging and other activities for liquified natural gas development, She adds that ocean acidification “has been a consideration that climate change will further worsen any potential damage that we’re currently looking at.”
Her studies of the Skeena estuary are concentrating on “rating” areas based on the food supply available to juvenile salmon, as well as predation and what habitat is available and the quality of that habitat to identify areas that “are most important for the juvenile salmon coming out of the Skeena River estuary and which are less important.”
She said that climate change and ocean acidification could impact the Skeena estuary and “probably reduce some of the environments that are currently good because they have a good food supply. If ocean acidification reduces that food supply that will no longer be good habitat for them” [juvenile salmon].
The August 2011 NOAA survey of the pteropods was done at sea using “bongo nets” to retrieve the small snails at depths up to 200 metres. The research drew upon a West Coast survey by the NOAA Ocean Acidification Program in that was conducted on board the R/V Wecoma, owned by the National Science Foundation and operated by Oregon State University.
Nina Bednarsek, Ph.D., of NOAA’s Pacific Marine Environmental Laboratory in Seattle, the lead author of the April pteropod paper said, “Our findings are the first evidence that a large fraction of the West Coast pteropod population is being affected by ocean acidification.
“Dissolving coastal pteropod shells point to the need to study how acidification may be affecting the larger marine ecosystem. These near shore waters provide essential habitat to a great diversity of marine species, including many economically important fish that support coastal economies and provide us with food.”
Ecology and economy
Today’s study on the effects of acidification on the Alaska fishery study examined the potential effects on a state where the fishing industry supports over 100,000 jobs and generates more than $5 billion in annual revenue. Fishery-related tourism also brings in $300 million annually to the state.
The study also shows that approximately 120,000 people or roughly 17 percent of Alaskans rely on subsistence fisheries for most, if not all of their dietary protein. The Alaska subsistence fishery is open to all residents of the state who need it, although a majority of those who participate in the subsistence fishery are Alaska’s First Nations. In that way it is somewhat parallel to Canada’s Food, Ceremonial and Social program for First Nations.
“Ocean acidification is not just an ecological problem—it’s an economic problem,” said Steve Colt, Ph.D., co-author of the study and an economist at the University of Alaska Anchorage. “The people of coastal Alaska, who have always looked to the sea for sustenance and prosperity, will be most affected. But all Alaskans need to understand how and where ocean acidification threatens our marine resources so that we can work together to address the challenges and maintain healthy and productive coastal communities.”
The Alaska study recommends that residents and stakeholders in vulnerable regions prepare for environmental challenge and develop response strategies that incorporate community values and needs.
“This research allows planners to think creatively about ways to help coastal communities withstand environmental change,” said Cooley, who is now science outreach manager at Ocean Conservancy, in Washington, D.C. “Adaptations can be tailored to address specific social and environmental weak points that exist in a community.
“This is really the first time that we’ve been able to go under the hood and really look at the factors that make a particular community in a borough or census are less or more vulnerable from changing conditions resulting from acidification. It gives us a lot of power so that we don’t just look at environmental issues but also look at the social story behind that risk.”
As for the southern part of the Alaska panhandle nearest British Columbia, Cooley said, “What we found is that there is a high relative risk compared to some of the other areas of Alaska and that is because the communities there undertake a lot of subsistence fishing, There tend not be a whole lot of commercial harvests in the fisheries there but they are very very important from a subsistence stand point… And they’re tied to species that we expect to be on the front line of acidification, many of the clam species that are harvested in that area and some of the crab species.”
Long term effects
Libby Jewett, Director of the NOAA Ocean Acidification Program and author of the pteropod study said, “Acidification of our oceans may impact marine ecosystems in a way that threatens the sustainability of the marine resources we depend on.
“Research on the progression and impacts of ocean acidification is vital to understanding the consequences of our burning of fossil fuels.”
“Acidification is happening now,” Cooley said. “We have not yet observed major declines in Alaskan harvested species. In Washington and Oregon they have seen widespread oyster mortality from acidification.
“We don’t have the documentation for what’s happening in Alaska right now but there are a lot of studies staring up right now that will just keep an eye out for that sort of thing, Acidification is going to be continuing progressively over the next decades into the future indefinitely until we really curb carbon dioxide emissions. There’s enough momentum in the system that is going to keep acidification advancing for quite some time.
“What we need to be doing as we cut the carbon dioxide, we need to find ways to strength communities that depend on resources and this study allows us to think differently about that and too really look at how we can strengthen those communities.
Faggetter said. “It’s one more blow to an already complex situation here, My study has been working particularly on eel grass on Flora Bank (pdf) which is a very critical habitat, which is going to be impacted by these potential industrial developments and that impact will affect our juvenile salmon and our salmon fishery very dramatically, that could be further worsened by ocean acidification.”
She said that acidification could also be a long term threat to plans in Prince Rupert to establish a geoduck fishery (pronounced gooey-duck).
The popular large 15 to 20 centimetre clam is harvested in Washington State and southern BC, but so far hasn’t been subject to commercial fishing in the north.
NOAA said today’s study shows that by examining all the factors that contribute to risk, more opportunities can be found to prevent harm to human communities at a local level. Decision-makers can address socioeconomic factors that lower the ability of people and communities to adapt to environmental change, such as low incomes, poor nutrition, lack of educational attainment and lack of diverse employment opportunities.
NOAA’s Ocean Acidification Program and the state of Alaska are also developing tools to help industry adapt to increasing acidity.
The new NOAA study is the first published research by the Synthesis of Arctic Research (SOAR) program. which is supported by an inter-agency agreement between NOAA’s Office of Oceanic and Atmospheric Research and the Bureau of Ocean Energy Management (BOEM) Alaska Region.
The response to the Joint Review Panel decision on the Northern Gateway, beginning in December and continuing until this Canada Day, both in the public and in the media is sharply divided by the Rocky Mountains.
A lof of Albertans, most of the energy companies and many in the media, especially the Toronto-based business press, keep telling Canadians that the NEB is an independent, quasi-judicial body, that carefully weighs the scientific and other evidence before coming to a conclusion.
Prime Minister Stephen Harper stands up in Question Period and from his prepared script also claims the JRP and NEB are independent bodies.
Most of those writing about the attitude of the National Energy Board have never attended a single hearing, As for the Joint Review,. those from the major media who did attend were only there for the opening and closing sessions.
In British Columbia, those attended the Northern Gateway Joint Review sessions saw a strange and arcane bureaucratic system with rules of evidence and procedure often tilted toward a proponent in the energy sector.
Those rules of evidence were created for the cosy club atmosphere of the NEB in Calgary where mostly there are friendly hearings attended only by the proponents and energy sector lawyers. Those same rules were infuriating to those in northwest British Columbia trying and failing to persuade the JRP to take seriously many of the concerns of the region. The rules of evidence and procedure were baffling to lawyers practicing in BC; even the highly experienced lawyers from the BC Department of Justice were chewed out by the JRP in Prince George for not following proper procedures.
The JRP seemed to believe that time stopped at the evidentiary deadline, and although it acknowledged that Northern Gateway was a 50 year project, the panel didn’t need to know anything new.
A careful reading of the two volumes of the Joint Review Panel report and decision clearly shows that JRP finding was not, as one columnist called it, a triumph of science over emotion, but a proceeding that was biased from the outset to find in favour of Enbridge. It is clear that even though the Joint Review Panel did impose 209 conditions on Northern Gateway, reading those almost 500 pages one sees time and time again that Northern Gateway’s evidence and assurances were accepted at face value, while the panel treated the evidence and testimony from opponents with a much higher level of skepticism.
Moving to Calgary
One of my sources once told me that the “NEB is nothing more than an extension of the Petroleum Club.” In the 1991 budget, then Prime Minister Brian Mulroney moved the NEB headquarters from Ottawa to Calgary as a political gift to Alberta.
At that time the move was also seen as practical, Alberta was still complaining no one in Ottawa was listening to it. So if the Conservative government moved the NEB to Calgary, it would be there listening to the oil patch. NEB offices were scattered across the country, consolidating them in Calgary seemed, at the time, to be a way of saving taxpayers’ money and enhancing internal communications.
Seen now, about 25 years later, it’s clear the NEB move from its Ottawa headquarters and regional offices to Calgary was a disaster waiting to happen. Over the past quarter century, despite its claims of independence, the NEB and its staff have become so embedded in the oil patch energy culture of Calgary that (probably subconsciously) the NEB has shown that it is largely incapable of really taking seriously the culture of British Columbia on issues such as the Northern Gateway and Kinder Morgan projects. The NEB Calgary culture is also colliding,with the concerns and culture of other parts of the country as diluted bitumen pipelines head eastward.
The Conservative omnibus bills that gutted environmental protection and speed up the review process has made things much worse–at least until this week.
Now the Supreme Court has sent a shot across the bow of the full steam ahead National Energy Board, compelling the board to put much more weight on the concerns of First Nations.
The decision upholding the Tsilhqot’in claim to its traditional territory means the NEB and any future joint review panel (whether involving multiple federal agencies or federal agencies and a province) are going to have to take the concerns of First Nations and indeed all Canadians a lot more seriously—and the future of the planet as well, as described in the first part of this analysis. Chief Justice Beverly McLaughlin wrote that on First Nations` traditional territory:
that it is collective title held not only for the present generation but for all succeeding generations. This means it cannot be alienated except to the Crown or encumbered in ways that would prevent future generations of the group from using and enjoying it.
“Future generations” is the key phrase.
Future generations could undermine that whole world view of the Joint Review Panel, since the panel so casually dismissed the fears of a major disaster on the coast, saying it was “unlikely” and could be “mitigated.”
The JRP basically had a so-what attitude to British Columbia, arguing that since parts of the British Columbia environment had already been degraded any future environmental problems would be minimal and could be “mitigated.”
While in the introduction to its definition of the Public Interest, the JRP says
If approved and built, the Enbridge Northern Gateway Project could operate for 50 years or more. Sustainable development was an important factor in our environmental assessment and our consideration of the public interest. The project would have to meet today’s needs without compromising the ability of future generations.
Sounds like that might match the Chief Justice. But, as the old saying goes, the devil is in the details. And just a few paragraphs later, the JRP says:
Our assessment of the project’s effects on residents and communities Considering Northern Gateway’s project design, its commitments, and our conditions, we concluded that the project’s potential effects on people’s land, water, and resource use could be mitigated. We were not persuaded that construction and routine operations of the project would have a negative effect on the social fabric of communities in the project area. We also were not persuaded that the project would adversely affect the health and well being of people and communities along the route or in coastal areas. We found that the net overall economic effects of the project would be positive and would provide potential benefits and opportunities to those individuals and businesses that choose to participate in the project.
The JRP’s attitude toward a major disaster was “trust Enbridge.”
We found that some level of risk is inherent in the Enbridge Northern Gateway project, and that no party could guarantee that a large spill would not occur. We found that a large spill, due to a malfunction or accident, from the pipeline facilities, terminal, or tankers, is not likely.
We found that Northern Gateway has taken steps to minimize the likelihood of a large spill through its precautionary design approach and its commitments to use innovative and redundant safety systems, such as its commitments to address human error, equipment failures, and its corporate safety culture. These commitments and all others made by the company
Oh well, the ecosystem will recover eventually—a conclusion that could be reached only by ignoring the evidence from Prince William Sound, site of the Exxon Valdez spill.
We found that, in the unlikely event of a large oil spill, there will be significant adverse environmental effects, and that functioning ecosystems recover through mitigation and natural processes.
We found that a large oil spill would not cause permanent, widespread damage to the environment. The extent of the significant adverse effects would depend on the circumstances associated with the spill. Scientific research from past spill events indicates that the environment recovers to a state that supports functioning ecosystems similar to those existing before the spill. We found that, in the unlikely event of a large oil spill, there would be significant adverse effects on lands, waters, or resources used by residents, communities, and Aboriginal groups.
We found that, in rare circumstances, a localized population or species could potentially be permanently affected by an oil spill. Scientific research from a past spill event indicates that this will not impact the recovery of functioning ecosystems.
In other words, some communities, probably aboriginal communities, would have be sacrificed in the public interest and the economics of Alberta while the economy of that part of British Columbia would be destroyed.
Will the JRP have to start over?
The environmental law community and First Nations leaders are already taking a look at another paragraph in the Supreme Court judgement. Paragraph 92 in lawyer speak.
One of the many reports comes from West Coast Environmental Law which noted in an e-mail
[T]he Tsilhqot’in decision, Canada’s highest court brings home the implications of this for Enbridge and other project proponents:
Once title is established, it may be necessary for the Crown to reassess prior conduct in light of the new reality in order to faithfully discharge its fiduciary duty to the title-holding group going forward.
For example, if the Crown begins a project without consent prior to Aboriginal title being established, it may be required to cancel the project upon establishment of the title if continuation of the project would be unjustifiably infringing.
And what about the overhaul of environmental legislation in 2012 to smooth the way for pipeline and other industrial development?
The court notes: “Similarly, if legislation was validly enacted before title was established, such legislation may be rendered inapplicable going forward to the extent that it unjustifiably infringes Aboriginal title.”
In other words, the Supreme Court decision resets everything.
It could nullify the recent decision by the Prime Minister to permit the Northern Gateway to go ahead. Or it could mean, especially given the number of court challenges just to the JRP, that, in light of the Tsilhqot’in decision the panel will be ordered by a court to go back to the drawing board and reconsider its findings.
Then there are the pending challenges to the Harper decision allowing the Northern Gateway to go ahead. Sources told Northwest Coast Energy News that the first of a number of court challenges were to be filed last week. It is likely that after the holiday weekend, lawyers will be rewriting their filings and their briefs in light of the Tsilhqot’in decision and presenting the Federal Court with those challenges some time in July.
The justices of the Supreme Court did allow a public interest exemption on the use of First Nations land for a larger purpose, but there must now be genuine consultation and the public interest will likely have be proven beyond a reasonable doubt, it can’t just be the whim of a prime minister with a tame, unquestioning caucus who decides what is in the public interest.
Who consults whom?
In the decision, Chief Justice McLaughlin wrote:
Governments and individuals proposing to use or exploit land, whether before or after a declaration of Aboriginal title, can avoid a charge of infringement or failure to adequately consult by obtaining the consent of the interested Aboriginal group
The right to control the land conferred by Aboriginal title means that governments and others seeking to use the land must obtain the consent of the Aboriginal title holders. If the Aboriginal group does not consent to the use, the government’s only recourse is to establish that the proposed incursion on the land is justified under s. 35 of the Constitution Act, 1982.
Compare that again with what the JRP said. As with the environmental impact it begins by saying:
The Panel finds that the magnitude, extent, and potential impacts of this project required an extensive program of public consultation. The Panel considers thorough and effective consultation to be a process that is inclusive of, and responsive to, all potentially-affected groups and individuals.
Then the JRP says:
The Panel notes that, among potentially-affected parties, there were differing perspectives on what constitutes a thorough and effective process of consultation. There were also different views among some parties about how consultation should occur, and their roles and responsibilities during consultation.
The Panel believes that it is critical for all parties to recognize and understand their respective roles and responsibilities for achieving effective dialogue during consultation. The Panel noted the principles of thorough and effective consultation at the beginning of this chapter. The Panel finds that these principles require that a process must provide timely, appropriate, and effective opportunities for all potentially-affected parties to learn about a project, provide their comments and concerns, and to discuss how these can be addressed by the applicant.
So what does it mean?
The JRP starts off by giving Northern Gateway a slap on the wrist:
The applicant [Enbridge] must be genuinely responsive. Affected parties have an ongoing and mutual responsibility to respond to opportunities for consultation, to communicate concerns they may have, and to discuss how these can be addressed.
But then it goes on in the same paragraph:
Consultation requires trust, mutual respect, and relationship-building. All parties have an obligation to seek a level of cultural fluency, in order to better understand the values, customs, needs, and preferences of the other parties involved in the consultation process. All parties may be required to adjust their expectations in response to the information, concerns, and interests raised and considered through the process. The Panel observed that this approach did not always occur in this proceeding.
Get the phrase “all parties.” It is clear here that the JRP is taking on the First Nations and other opponents for not seeing Northern Gateway’s point of view, since it accepts, as seen below, Northern Gateway’s contention that it is doing a good job with consultation,
And the word “trust.” Again the Alberta-bound JRP (the panel had no members from British Columbia, two from Alberta, one from Ontario) are saying “trust Enbridge.”
Unfortunately after a decade of operating in the northwest, and despite its spin, Enbridge has failed time and time again to establish trust with First Nations and it has equally failed to establish trust with a significant number non-aboriginal residents of the northwest.
The companies developing LNG projects have, for the most part, established a level of trust.
The joke up here is now so old it’s a cliche (but still unknown to the eastern media) where an LNG executive says, “We look at what Enbridge did and do the exact opposite.”
The Panel accepts Northern Gateway’s view that consultation is a process which should ensure that all parties are better informed through consultation, and that it involves being prepared to amend proposals in light of information received. In this regard, the Panel notes that Northern Gateway made numerous changes to the design and operation of the project in response to input provided by the public, landowners, governments, and stakeholders
In fact, Northern Gateway is still fumbling the ball.
It is true that Northern Gateway did change its plans and put another $500 million into the plans for the project–after a lot of public pressure and growing controversy during the JRP hearings over its plans.
Equally telling was Northern Gateway’s dismissal in its final arguments (arguments accepted by the JRP) that there was no earthquake hazard in the region, despite two major earthquakes at Haida Gwaii and southern Alaska just months earlier, both of which shook Kitimat.
In the final oral arguments, Northern Gateway’s lawyer Richard Neufeld summarily dismissed the fears of the Haida and Heiltskuk First Nations about destruction of the herring spawning beds because, he said, first, the chances of a tanker disaster were unlikely and second, even if there was a tanker disaster it was even more unlikely that it would occur during the spawning season. (Not that the spawning season matters, herring beds in San Francisco Bay are still damaged years after a spill there).
Now with the Tsilhqot’in decision, Enbridge can no longer summarily dismiss those fears. The companies who have proposed liquefied natural gas projects are meeting with anyone, including avowed opponents, and opening dialogues, even if both sides continue to disagree. Despite its spin, accepted by the political pundits and eastern business media, those who live in the northwest know Northern Gateway’s consultations and engagement, so far, have mostly been with friendly groups and friendly audiences.
The Supreme Court decision is going to change that attitude in the coming weeks. If Enbridge wants Northern Gateway to go ahead, the company is going to have to genuinely engage with First Nations. Given all the damage created by Enbridge over the past decade, that engagement is unlikely to change anything.
The Supreme Court decision is going to have one more consequence.
Eventually, in a few years, the decision will negate that stupid attitude from the conservative media and some in the business community that the people of northwestern British Columbia are against all development. That was never true but it’s a convenient excuse for those columnists and conservatives not to question their own assumptions.
If the reporters and columnists had bothered to come up here, if the press-release dispatching business leaders had bothered to leave their executive suites, they’d know what northwestern BC wants is responsible and sustainable development, not quick in and out profits.
The Supreme Court decision means that any future industrial development in the northwest will be much different from anything seen in the past because First Nations must be involved from the beginning.
Given its sorry track record, it is unlikely that Enbridge will be part of that development. but others will profit, yes profit, from that failure.
In the coming years it is also likely that there will be a new approach to development from the National Energy Board after they begin to see their narrow oil-patch friendly approach and rulings struck down by the courts quoting the Tsilhqot’in decision.
The herring, now dwindling on on the Pacific Coast, was once “superabundant” from Washington State through British Columbia to Alaska and that is a warning for the future, a new study says.
A team of scientists lead by Simon Fraser University argue that the archaeological record on the Pacific Coast offers a “deep time perspective” going back ten thousand years that can be a guide for future management of the herring and other fish species.
An archaeological study looked at 171 First Nations’ sites from Washington to Alaska and recovered and analyzed 435,777 fish bones from various species.
Herring bones were the most abundant and dating shows that herring abundance can be traced from about 10,700 years ago to about the mid-nineteenth century with the arrival of Europeans and the adoption of industrial harvesting methods by both settlers and some First Nations.
That means herring were perhaps the greatest food source for First Nations for ten thousand years surpassing the “iconic salmon.” Herring bones were the most frequent at 56 per cent of the sites surveyed and made up for 49 per cent of the bones at sites overall.
The study is one of many initiatives of the SFU-based Herring School, a group of researchers that investigates the cultural and ecological importance of herring.
“By compiling the largest data set of archaeological fish bones in the Pacific Northwest Coast, we demonstrate the value of using such data to establish an ecological baseline for modern fisheries,” says Iain McKechnie. The SFU archaeology postdoctoral fellow is the study’s lead author and a recent University of British Columbia graduate.
Co-author and SFU archaeology professor Dana Lepofsky states: “Our archaeological findings fit well with what First Nations have been telling us. Herring have always played a central role in the social and economic lives of coastal communities. Archaeology, combined with oral traditions, is a powerful tool for understanding coastal ecology prior to industrial development.”
The researchers drew from their ancient data-catch concrete evidence that long-ago herring populations were consistently abundant and widespread for thousands of years. This contrasts dramatically with today’s dwindling and erratic herring numbers.
“This kind of ecological baseline extends into the past well beyond the era of industrial fisheries. It is critical for understanding the ecological and cultural basis of coastal fisheries and designing sustainable management systems today,” says Ken Lertzman, another SFU co-author. The SFU School of Resource and Environmental Management professor directs the Hakai Network for Coastal People, Ecosystems and Management.
The paper says that the abundance of herring is additionally mirrored in First Nations’ place
names and origin narratives. They give the example of the 2,400-y-old site at Nulu where herring
made up about 85 per cent of the fish found in local middens. In Heiltsuk oral tradition, it is Nulu where Raven first found herring. Another site, 25 kilometres away at the Koeye River, has only has about 10 per cent herring remains and is not associated with herring in Heiltsuk tradition.
(In an e-mail to Northwest Coast Energy News, McKechnie said “there is a paucity of archaeological data from Kitimat and Douglas Channel. There is considerable data from around Prince Rupert, the Dundas Islands and on the central coast Namu/Bella Bella/ Rivers Inlet area and in southern Haida Gwaii.”)
The study says that the archaeological record indicates that places with abundant herring were consistently harvested over time, and suggests that the areas where herring massed or spawned were more extensive and less variable in the past than today. It says that even if there were natural variations in the herring population, the First Nations harvest did not affect the species overall.
Many coastal groups maintained family-owned locations for harvesting herring and herring roe from anchored kelp fronds, eel grass, or boughs of hemlock or cedar trees. Herring was harvested at other times of the year than the spawning period when massing in local waters but most ethnohistorical observations identify late winter and springtime spawning as a key period of harvest for both roe and fish.
The herring and herring roe were either consumed or traded among the First Nations.
Sustainable harvests encouraged by building kelp gardens,wherein some roe covered fronds were not collected, by minimizing noise and movement during spawning events, and by elaborate systems of kin-based rights and responsibilities that regulated herring use and distribution.
Industrial harvesting and widespread consumption changed all that. Large numbers of herring were harvested to for rendering to oil or meal. By 1910, the problem was already becoming clear. In that year British Columbia prohibited the reduction of herring for oil and fertilizer. There were reports at that time that larger bays on the Lower Mainland were “being gradually deserted by the larger schools where they were formerly easily obtained.”
But harvesting continued, in 1927 the fishery on eastern Vancouver Island, Columbia, processed
31,103 tons of herring. The SFU study notes that that is roughly twice the harvest rate for 2012 and would also be about 38 per cent of the current herring biomass in the Strait of Georgia.
In Alaska, reduction of herring began in 1882 and reached a peak of 75,000 tons in 1929.
As the coastal populations dwindled, as with other fisheries, the emphasis moved to deeper water. By the 1960s, the herring populations of British Columbia and Washington had collapsed. Canada banned herring reduction entirely in 1968, Washington followed in the early 1980s.
In the 1970s, the herring population off Japan collapsed, which opened up the demand for North American roe, which targeted female herring as they were ready to spawn. That further reduced the herring population so that the roe fishery is now limited to just a few areas including parts of the Salish Sea and off Sitka and Togiak, Alaska.
The First Nations food, social and ceremonial herring fishery continues.
Government fishery managers, scientists, and local and indigenous peoples lack consensus on the cumulative consequences of ongoing commercial fisheries on herring populations. Many First Nations, Native Americans, Alaska Natives, and other local fishers, based on personal observations and traditional knowledge, hypothesize that local herring stocks, on which they consistently relied for generations, have been dramatically reduced and made more difficult to access following 20th century industrial fishing
Deep time perspective
The SFU study says that some fisheries managers are suggesting that the herring population has just shifted to other locations and other causes may be climate change and the redounding of predator populations.
But the study concludes, that:
Our data support the idea that if past populations of Pacific herring exhibited substantial variability, then this variability was expressed around a high enough mean abundance such that there was adequate herring available for indigenous fishers to sustain their harvests but avoid the extirpation of local populations.
These records thus demonstrate a fishery that was sustainable at local and regional scales over millennia, and a resilient relationship between harvesters, herring, and environmental change that has been absent in the modern era.
Archaeological data have the potential to provide a deep time perspective on the interaction between humans and the resources on which they depend.
Furthermore, the data can contribute significantly toward developing temporally meaningful ecological baselines that avoid the biases of shorter-term records.
Other universities participating in the study were the University of British Columbia, University of Oregon, Portland State University, Lakehead University, University of Toronto, Rutgers University and the University of Alberta.
So why are the whales returning? Chris Picard, Science Director for the Gitga’at First Nation and one of the co-authors of the study believes that answer is simple. There are, so far, three species of whales seen in the area, humpbacks, orcas and fin whales. It is only now, Picard believes, that the humpback and fin whale populations are recovering from a century of whaling.
The study estimates there were once about 15,000 humpback whales in the North Pacific when whalers began hunting the animals. That number was down to 1,400 when whale hunting was stopped in Canada in 1966.
As whale numbers increase, they are searching for the rich food sources found in the Channel, both at the mouth around near Gil Island where the study took place and as far north as the Kildala Arm and Clio Bay.
“One of the things the humpbacks like to do when they are on our coast or the Alaskan coast and that is they feed,” Picard said, “So they are really targeting areas that there is a high density of their preferred prey, krill or herring or other schooling fish, sardines in some years.”
So far the study has concentrated in Gitga’at traditional territory around the mouth of Douglas Channel near Gil Island. Picard says increasing the study area to include more of Douglas Channel is a good idea, but would require more resources than are currently available. “We’d like to continue with the study consistent with the work that we have been doing. Considering what we’re seeing in the local Douglas Channel area, Wright Sound, Gil Island, it can be very worthwhile.
“We are going to continue with our current study which involve getting to know how many humpbacks are using the area and continue with the study that we just published to see if numbers continue to increase or to see whether or if they do start to stabilize at some number,” Picard said. “With more and more proposals for increased shipping, we get to see any changes with humpback numbers that may be linked to increased shipping. We’ll continue to monitor the humpback population; not just their numbers but also their distribution in the area. We’ll continue to monitor that, again in relation to the various shipping proposals and activities that are proposed.”
It was during that study on humpbacks that the researchers from the Gitga’at Nation and the Cetacean Lab noticed the appearance of fin whales, another species that had been hit hard by whaling. (“We’ve worked very closely with the Cetacean Lab group and frankly without their help we would never have published any of this work because their data certainly was instrumental in getting the overall data set that made possible a publishable study,” Picard said.)
“We have observed is that fin whales have increased in their abundance in the area quite a bit, “ Picard said. “I can remember when we first started doing surveys, there were not too many. We’ve gone from seeing a couple over the course of an entire year. Now when we do our marine mammal surveys in the area the fin whales you pretty much see in every survey and in more and more numbers. So it’s quite encouraging to see that fin whales are becoming more abundent in the area. They were also hunted, so if you factor in the days of commercial whaling operations, that of course has stopped, so its encouraging to see that their numbers are coming back too.
The fin whales tend to be found in many of the same areas at the humpack whales are using, Caamaño Sound, Campania Sound and areas south of Gil Island. “we’ve also seen them more in the interior waters like Squally Channel, Wright Sound, Whale Channel, similar to the areas where we see the humpbacks.
“We haven’t done the same level of detailed analysis on the fin whale distribution as we have with the humpback, so it’s just my overall impression that they’re using similar habitats.
“It’s unique for fin whales to be using these more confined waters. It is my understanding that they are more of an open water species. I think that makes the area fairly unique,” he said.
Picard added it would be interesting to do a historic study to see how many fin whales were taken by whalers in the previous decades, especially in Caamaño Sound, Squally Channel and Wright Sound.
“The fact that we saw so many humpbacks relative to the size of the area, which is pretty small relative to the whole coast, so there must be a high abundance of food in the area,” Picard said.
“I’d like to get a better understanding of what is really driving the food abundance in the area. What is the oceanography in the area, what are the currents, what is driving that high area of biological activity that the whales seeming to be homing in on.”
That means, Picard believes, that there could be krill and juvenile herring schooling in the upper Douglas Channel and that is what is attracting the whales.
One of the next steps, Picard said, is to study social interaction among whales. “We do take identification photographs, so we get a sense of who’s hanging out with who; who is bringing their calves into the area to introduce them into what seems to be very good whale habitat,” Picard.
So one aim of a future study would be to se what role social interactions play in the increased whale sightings in the Douglas Channel. He also wants to know what role are the potential negative impacts on that whale social interaction comes noise impacts, or being struck by ships, and the potential environmental affects of oil spills. “So do these social interactions decrease as the impacts increase, does that mean there are going to be fewer whales that come into this area? Those are some of the questions we want to address.”
Scientists from the University of California at Davis and NOAA studying herring spawning beds in San Francisco Bay after the Costco Busan oil spill. (UC Davis)
A 53,569 gallon (202,780 litre) spill of bunker oil in San Francisco Bay in 2007 had an “unexpected lethal impact on embryonic fish,” according to scientists from the University of California at Davis and the US National Oceanic and Atmospheric Administration who spent two years on follow-up research after the spill, looking at the effects of the spill on Pacific herring.
One significant finding from the study is that different oil compounds, for example crude or bunker oil, likely have different effects on vulnerable environments.
On November 7, 2007, the container ship Cosco Busan hit the San Francisco-Oakland Bay bridge, breaching two fuel tanks and sending the bunker oil into the bay. Television images of the accident were seen around the world.
Damage to the Cosco Busan. ( PO 3 Melissa Hauck/US Coast Guard)
The oil spill polluted the nearby North Central Bay shoreline spawning and rearing habitat for herring, described by the study as “the largest coastal population of Pacific herring along the Continental United States.” The spill happened a month before the herring spawning season.
The herring from the estuaries of San Francisco Bay migrate in large schools up the Pacific Coast to the Bering sea, and are food for whales, other mammals, salmon and birds. After two years at sea they return to the spawning grounds.
The study also notes: “Herring are a keystone species in the pelagic food web and this population supports the last commercial finfish fishery in San Francisco Bay.” It adds: “Although visibly oiled shorelines were cleaned, some extensively, only 52% of the oil was recovered from surface waters and land or lost to evaporation. The amount of hidden or subsurface oil that may have remained near herring spawning areas is unknown.”
The study, Unexpectedly high mortality in Pacific herring embryos exposed to the 2007 Cosco Busan oil spill in San Francisco Bay, was published Monday, Dec. 26, in the journal Proceedings of the National Academy of Sciences.
The study suggests that even small oil spills can have a large impact on marine life. Gary Cherr, director of the UC Davis Bodega Marine Laboratory and lead author of the study says, “Our research represents a change in the paradigm for oil spill research and detecting oil spill effects in an urbanized estuary.”
That’s because the study builds on research following the 1989 Exxon Valdez disaster in Prince William Sound, Alaska, which released 32 million gallons (121 million litres) of crude. The Exxon Valdez spill also happened close to the herring spawning season and studies since then have shown mortality and abnormalities in the fish in Prince William Sound.
The San Francisco study shows that the bunker oil accumulated in naturally spawned herring embryos. At low tide, the oil then interacted with sunlight in the shallower regions of the estuary, killing the embryos. A control group of herring, fertilized in a laboratory and place in cages in deeper water, were protected from the combination of oil and sunlight but still showed “less severe” abnormalities.
“Based on our previous understanding of the effects of oil on embryonic fish, we didn’t think there was enough oil from the Cosco Busan spill to cause this much damage,” Cherr said. “We didn’t expect that the ultraviolet light would dramatically increase toxicity in the actual environment, as might observe in controlled laboratory experiments.”
One reason may be that crude oil, the kind spilled by the Exxon Valdez, is naturally occurring liquid petroleum. Bunker oil is a thick fuel oil distilled from crude oil and used as a fuel on ships. Bunker oil can be contaminated by other, unknown substances. In the case of the Cosco Busan, the bunker oil was relatively low in sulfur compared to some other bunker fuels but the embryos showed higher than expected levels of sulfur compounds.
Scientists from the University of California at Davis and NOAA studying herring spawning beds in San Francisco Bay after the Costco Busan oil spill. (UC Davis)
The scientists analyzed the levels of oil-based compounds in the caged herring embryos at four oiled and two-non oiled sub tidal sites, all at least one metre below the surface. Naturally spawned embryos from shallower areas were also studied.
In November, 2007, the spilled oil was visible in the areas chosen for the study. By the time the herring eggs were incubating, oil was not visible in the contaminated areas, except for some tar balls found on shore.
The researchers began the study in February 2008 . At the time, three months after the spill, the caged embryos showed non lethal heart defects, typical of exposure to oil spills. The embryos in the shallower sub tidal zones showed the same heart defects but also had “surprisingly high rates of dead tissue and mortality unrelated to the heart defects.”
“The embryos were literally falling apart with high rates of mortality,” Cherr said.
Normal herring embryos are translucent and colourless when they hatch, except for the pigment around the eye and melanophores (pigment cells) along the gut. The the brain, spinal cord and axial muscle from embryos from the oiled sites were not as clear. Those embryos had no heart beat and the skin tissue was disintegrating.
No toxicity was found in embryos in unoiled sites, even those close to major highways. The researchers concluded that the high death rates did not seem to be caused by natural or man made causes unrelated to the spill.
In 2009, when the scientists concentrated on the role of sunlight, the study showed that the embryos had death rates characterized by loss of tissue similar to the embryos from the year before, but possibly caused by undetected compounds from the oil spill.
In 2010, the scientists again looked at embryos from the oiled and unoiled sites. By that time, the hatching rates from the oiled sites were similar to the “relatively high hatching rates” for the unoiled areas. However, there was a “significant incidence” of heart problems among embryos from the oiled sites.
The scientists conclude that while the Exxon Valdez spill did show oil poisoning fish in the early stages of life, they say case wider research is needed beyond that done for in the case of the Exxon Valdez because the Cosco Busan
1. Highlights the difference in effects on fish from exposure to oil of differing composition (i.e. Crude vs bunker)
2. Shows the role of sunlight, interacting with local conditions (such as shallow water) can have significant affects on toxicity.
3. Shows the need for more study of the toxic effects of different oil compounds
4. The study has shown the “exceptional vulnerability of fish early stages to spilled oil.”
The conclusion adds “Although bunker oil typically accounts for only a small fraction of oil in ships, so spills may be small relative to those of crude oil, it may carry a potential for disproportionate impacts of in ecologically sensitive areas.”
Both Ellis Ross, Chief Counsellor of the Haisla Nation and April McLeod, president of the Kitimat Valley Naturalists expressed concern abut the findings of the study, especially with the Joint Review Hearings on the Enbridge Northern Gateway pipeline scheduled to begin a few days.
The numerous environmental critics of the Northern Gateway pipeline have pointed out that there is no way of knowing what would happen to an area like the Kitimat River, estuary and Douglas Channel is there was a bitumen spill. Enbridge has filed documents with the Joint Review Panel that include simulations of a spill. The new San Francisco study shows that any oil spill could have unforeseen effects.
Plans call for at least three new terminals to be built close to the Kitimat River estuary, not just the controversial Enbridge terminal for bitumen, but at least two for the liquified natural gas projects, KM LNG and BC LNG and in all three cases ships would normally be fueled by bunker oil.
The Kitimat estuary has been industrialized for 60 years since the building of the Rio Tinto Alcan smelter, but still has large areas teeming with fish and wildlife, so the estuary is somewhat in the middle between the heavily urbanized estuaries of San Francisco Bay and the more pristine Prince William Sound.
Ross pointed to the collapse of the oolichan in the Kitimat River as a strong indicator of potential problems. He recalls that in the early stages of the Eurocan paper mill the Haisla Nation was told there would be no effect on the oolichan, but soon after the mill began operations, the oolichan population collapsed. That is why, Ross said, the Haisla are wary of the plans and want to see more and stronger studies done on the effects of bitumen and other oil compounds in the region.
Other comments were unavailable due to the holiday. They will added as received.
Kitimat River estuary on Dec. 17, 2011, showing a Rio Tinto Alcan transmission tower. (Robin Rowland/Northwest Coast Energy News)
According to Wikipedia, the US National Transportation Board found that the Cosco Busan accident was caused by
the pilot’s degraded cognitive performance from his use of prescription medications, despite his completely clean post accident drug test,
the absence of a comprehensive pre-departure master/pilot exchange and a lack of effective communication between Pilot John Cota and Master Mao Cai Sun during the accident voyage, and
(COSCO Busan Master) Sun’s ineffective oversight of Cota’s piloting performance and the vessel’s progress.
Other contributing factors included:
the failure of Fleet Management Ltd. to train the COSCO Busan crewmembers (which led to such acts of gross negligence as the bow lookout eating breakfast in the galley instead of being on watch) and Fleet Management’s failure to ensure that the crew understood and complied with the company’s safety management system;
the failure of Caltrans to maintain foghorns on the bridge which were silent despite the heavy fog;
the failure of Vessel Traffic Safety (VTS) to alert Cota and Sun that they were headed for the tower. VTS is legally required to alert a vessel if an accident appears imminent, yet they remained silent;
the malfunctioning radar on the COSCO Busan, which led Captains Cota and Sun to use an electronic chart for the rest of the voyage. Although Coast Guard investigators found the radar to be in working order, they did not examine it until days after the accident (allowing time for faulty equipment to be fixed, which is not uncommon after a marine accident)
Captain Sun’s incorrect identification of symbols on the electronic chart;
the U.S. Coast Guard’s failure to provide adequate medical oversight of Cota, in view of the medical and medication information he had reported to the Coast Guard.