When the Simushir was adrift, Alaska was ready, BC and Canada were not. Here’s why

When the Russian container ship Simushir lost power in heavy weather west of Haida Gwaii last Thursday and driven by westerly winds came dangerously close to the rocky coast, Canada and British Columbia had to scramble to get vessels to the ship and try to tow it out of danger to Prince Rupert.

Like all other issues on the west coast, the debate is raging.

The Simushir tied up at the Ridley Island container port. (Prince Rupert Port Authority)

“Peter Lantin, president of the Haida Nation, told the media at the time, “It was luck.” On Tuesday, Lantin issued another statement, saying. ““Unfortunately, I don’t think anyone considers 20 hours a world class response time. The fact of the matter is that the federal government has little interest in protecting the west coast. From all indications their policy is to calculate an oil spill as an acceptable loss, based on a business model, not on the reality that coastal British Columbians live every day.”

It appears that the Simushir operation was lucky. The normal westerly winds that could have driven the ship onto the rocks of Haida Gwaii changed to southeasterly, keeping the Simushir off shore.

The American heavy duty tug  Barbara Foss just happened to be available. The Barbara Foss was towing a cargo barge between Prince Rupert and Whittier, Alaska. The barge was left in Prince Rupert and the tug headed out off the coast of Haida Gwaii a trip that took about 48 hours. (There are also  heavy duty Smit tugs at Prince Rupert which joined the operation on Hecate Strait to escort the Simushir into port.  There are now reports that the Simushir‘s owners chose to hire the Barbara Foss rather than Smit)

The Canadian Coast Guard vessel Gordon Reid tows the Simushir away from the coast of Haida Gwaii.  (Maritime Forces Pacific)
The Canadian Coast Guard vessel Gordon Reid tows the Simushir away from the coast of Haida Gwaii. (Maritime Forces Pacific)

It took the first Canadian Coast Guard vessel, the Gordon Reid, about 14 hours to reach the Simushir (according to Coast Guard officials the original report of 20 hours was wrong). The Gordon Reid did manage to get lines on the Simushir and pull the ship away from the coast, only have the tow lines part (break) three times. So the three Coast Guard vessels, two from Canada, the Gordon Reid and the Sir Wilfred Laurier and the US Coast Guard cutter Spar had to wait for the Barbara Foss to arrive.

Jonathan Whitworth, CEO of Seaspan, speaking to Mark Hume of The Globe and Mail,  “it was just bad luck” that none of the tugs that regularly work up and down the west coast were  available at the time.

Whitworth told The Globe and Mail that there are about 80 boats between Alaska and Vancouver that could have towed the Simushir to safety. He said that the fact there were no tugs in the immediate vicinity as a “fluke.”

“We certainly have large tugs operating in Haida Gwaii on log barges, for example. So it will be a 6,000-horsepower tug that would [typically] be in that area. It just so happened that over the weekend our two biggest tugs which transit that area were down south,” Whitworth told The Globe and Mail.

Whitworth said that permanently stationing tugs at Haida Gwaii would be both be unnecessary and too expensive.“If there had been a tug stationed in Haida Gwaii then it could have responded possibly quicker. But who’s going to pay for that?  Surprisingly from a tug owner it’s not going to be [my view] that there should be a tug every 50 metres up the coast.”

Effective response

In a news release, Rear Admiral Dan Abel, commanding the US Coast Guard 17th District, Alaska said.

“The trusted partnership we have with our Canadian counterparts continues to be a vital component to protecting lives at sea and mitigating potential maritime emergencies. We are pleased this case ended with a positive outcome; preparing for the worst case scenario is the first step in an effective prevention and response plan.”

The question now being asked up and down the BC coast has the provincial or federal governments really have an effective prevention and response plan? If the BC coast had trouble handling a container ship in trouble, how is it ever going to handle a Very Large Crude Carrier loaded with diluted bitumen?

According to the US Coast Guard, although the Simushir was adrift off the coast of Haida Gwaii, the incident triggered Alaska’s emergency response plan. “Coast Guard Sector Juneau deployed six members, including the sector’s commander, to Ketchikan to establish the foundation for a unified command and to exercise their sub area contingency plan with state and local partners.”

Key to Alaska’s response, is a system ready to go soon after a distress call is received. The Emergency Towing System (ETS) has prepackaged equipment that can be transferred to a disabled vessel either by helicopter or tug, depending on the size and position of the vessel in distress.

US Coast Guard C-130 Hercules and Skyhawk helicopter on standby at Sandspit airport.  The Hercules carried  one of Alaska's Emergency Towing Systems in case it was needed.  (US Coast Guard)
US Coast Guard C-130 Hercules and Skyhawk helicopter on standby at Sandspit airport. The Hercules carried one of Alaska’s Emergency Towing Systems in case it was needed. (US Coast Guard)

The United States Coast Guard deployed two of its Emergency Towing Systems last week to support the Simushir operation, one on a C-130 Hercules dispatched to Sandspit, the second on board the cutter Spar.

While the Alaska ETS systems were not used in the Simushir incident, how Alaska came up with the system is a lesson for British Columbia, for that state-wide program was started by the tiny municipality of Unalaska after a ship quite similar to the Simushir lost power and came within 15 minutes of running aground in Unalaska Bay.

Now just seven years later those Emergency Towing System packages are pre-positioned up and down the Alaska coast, while although Enbridge proposed the Northern Gateway in 2005, here in Canada both the provincial and federal governments make paper promises about a “world class” response system but so far nothing has happened.

Salica Frigo

Salica Frigo
Salica Frigo photographed in 2006 (Clipper/Wikipedia Commons)

The Salica Frigo incident in March 2007 was similar to the Simushir incident and like the Simushir, there was luck involved.

According to an Associated Press report at the time, quoting 2005 figures, Dutch Harbor and Unalaska was, for the 17th straight year,  the United States leading fishing port for seafood landings in poundage. Commercial fishermen offloaded 887.6 million pounds of fish and shellfish in 2005. The value of its catch, $166.1 million, was second to New Bedford, Mass.

About three years earlier, another ship, the 225 metre (738-foot) Selandang Ayu experienced engine problems, shut off its engines, drifted and ran aground Dec. 9, 2004, in Skan Bay on Unalaska Island’s west side.

Six crewmen died when a US Coast Guard helicopter trying to rescue them crashed. The Selandang Ayu broke in two and spilled an estimated 321,000 gallons of fuel oil, contaminating 54 kilometres (34 miles) of coastline. AP reported that at the time of the Salica Frigo incident in 2007, the cleanup for the Selandang Ayu was more than $100 million.

The Salica Frigo was 135 metre (443 foot) Spanish-flagged ship, the same size as the Simushir.

On Thursday, March 8, 2007, the Salica Frigo was partially loaded with seafood and tied up at dock in Captain’s Bay in Dutch Harbor, Alaska Winds were from the north, from 30 to 40 knots gusting to 60 to 70 knots. The winds began to drive the Salica Frigo away from the dock and the local marine pilot, Capt. Stephen Moreno, consulting with the captain, ordered the ship to sea to ride out the winds. “He really didn’t have enough ground tackle to safely anchor,” Moreno told the AP.

The AP report says Moreno guided the Salica Frigo out to sea, plotted a safe course and then the pilot returned to port. At about, 3 am on March 9, the engine failed. It was not until an hour later, at 4 am, according to KIAL News the Salica Frigo’s captain called the marine pilots and the Coast Guard.  North winds were blowing the ship back toward the harbor.

“If it had been from the south, he would have blown offshore,” Moreno told the AP.

The powerless ship drifted for more than three and a half hours toward the shore. Two tugboats came to the ship’s aid but could not establish lines to the stricken vessel.

Moreno and Coast Guard officials estimate the Salica Frigo was just 15 minutes from grounding when crew members were able to restart the engine at 6:43 a.m.

Emergency Towing System

Just weeks later, the Mayor of Unalaska,  Shirley Marquardt created and convened a “Disabled Vessel Workgroup” that was tasked with developing a “an emergency towing capability for disabled vessels in the Aleutians using locally available tugboats and an emergency towing system.”

For a demonstration project from July 20 to August 1, 2007, Unalaska had put together and purchased a system suitable for vessels up to 50,000 dead weight tons (DWT) while the state, the the Alaska Department of Environmental Conservation was planning to purchase a system capable of towing vessel greater than 50,000 DWT.

The two types of Emergency Towing System packages are  pictured in the operations manual. (Alaska Dept. of Environmental Conservation)
The two types of Emergency Towing System packages are pictured in the operations manual. (Alaska Dept. of Environmental Conservation)

In a news release (pdf) at the time of the exercise, the Alaska Department of Environmental Conservation, said

In the last decade, several distressed or stricken vessels in the Aleutian Islands have adversely impacted the community of Unalaska. In a few cases, these incidents were the cause of environmental and economic repercussions.

In each situation, the vessel was a large tramper or cargo type ship, generally carrying fuel in bottom tanks, thus posing a significant pollution risk. Roughly 67% of port calls to Unalaska/Dutch Harbor in 2004 were either container ships or tramper/reefer vessels.

“These accidents can be devastating to Alaska’s environment and communities. Our goal is to enhance the ability of local assets to respond to distressed vessels in need of assistance due to engine failure,rudder failure, or any other failure which compromises the safe navigation of a vessel,” said DEC Commissioner Larry Hartig.

Tugs not always ready

ETS on tug
The Emergency Towing System deployed on a tug. (Alaska Dept. of Environmental Conservation)

The other point in the 2007 ADEC news release is a note that tugs are not always equipped for operations such the one involving the Simushir

Generally tug boats (primary responders in this area) have some capability of retrieving vessels but they are not dedicated to this service and therefore the equipment aboard is not representative of equipment needs in this highly specialized situation. The recommended emergency towing system
will enhance local assets with the ability to respond to an emergency with all the proper equipment necessary to retrieve a distressed vessel.

The Unalaska resident tugs Gyrfalcon and James Dunlap are the most consistent local assets in the Unalaska region, but there are many other tugs in the area at any one time and thus this system is intended to be universally deployable.

The demonstration project, a partnership between the town, the state, the Coast Guard and the private sector was successful.

ETS and helicopters
US Coast Guard helicopters deploy the Emergency Towing System (Alaska Dept. of Environmental Conservation)

In 2014, the Alaska Emergency Towing System project official website  says

An Emergency Towing System (ETS) is a pre-staged package of equipment that may be deployed in the event a disabled vessel requires assistance in accessing a place of refuge. A manual that instructs responders on the operations of system as well as procedures for deployment accompanies the system. The system is designed to use vessels of opportunity to assist disabled vessels that are in Alaskan waters. It consists of a lightweight high performance towline, a messenger line used in deploying the towline, a lighted buoy, and chafing gear. These components may be configured to deploy to a disabled ship from the stern of a tugboat or airdropped to the ship’s deck via helicopter.

In December 2010, Unalaska’s plan worked, the town’s ETS system was deployed to assist the disable cargo vessel Golden Seas. “This equipment, along with the availability of an appropriate sized towing vessel helped avert a possible grounding.” the ETS website says.

Since 2007, the Alaska Department of Environmental Conservation has purchased and stored 10 inch Emergency Towing Systems at the USCG Air Station in Kodiak and Sitka, the Navy Supervisor of Salvage warehouse at Fort Richardson, and the Emergency Response warehouse in Adak, Alaska.

Alaska map
Map shows where the Emergency Towing System is deployed across Alaska/. (Alaska Dept. of Environmental Conservation)

The Emergency Towing System can be deployed by helicopter or by tug.  A helicopter can lower the tote or cage containing the towing gear onto the deck of the distressed ship. If the tote or cage is carried to the scene by a tug the crew the usual procedure is to use a helicopter to deploy the tote/cage to the distressed vessel or the tug crew. Depending on the circumstances, and although it is not part of the regular system, the tug crew can also line-gun projectile across the deck of the distressed ship so the crew can pull a “messenger line” attached to the tow line on board.

And as for Canada, Gail Shea, Minister of Fisheries and Oceans, answering questions in the Commons Monday about the Simushir incident did nothing more than speak off a prepared script, answering two questions from Nathan Cullen, NDP MP for Skeena Bulkley Valley and from Joyce Murray, Liberal MP from Vancouver Quadra, she said future operations were the responsibility of the private sector,

The Russian ship lost power outside Canadian waters in very rough weather. The private sector provides towing service to the marine industry.
We are grateful that the Canadian Coast Guard was able to keep the situation under control in very difficult conditions until the tug arrived from Prince Rupert.

Whitworth told the Globe that with increased tanker traffic whether LNG or bitumen, the number of tugs on the coast will increase, a point also made by supporters of the various projects.

But without a real commitment from the government for marine safety on the west coast, it is clear, even with the prospect of Very Large Crude Carriers with bitumen or Liquefied Natural Gas tankers plying the coast, the Harper Government considers marine safety nothing more than a case of a paper ship upon a paper ocean.

With such indifference, it is likely that local communities up and down the British Columbia coast will have to follow the example of the small town of Unalaska, population  4,376 in 2010 and create the northwest coast’s own emergency system.

Editorial: On the Simushir, Oceans Minister Gail Shea takes ministerial responsibility to a new low—the bottom of the sea

On Monday, October 20, 2014, the Minister of Fisheries and Oceans, Gail Shea, stood in the House of Commons during Question Period and proved she is not up for the job.

Answering questions from  Opposition MPs about the incident of the Russian container ship, Simushir, which drifted dangerously close to the coast of Haida Gwaii, Shea got up and read a prepared script, a script with answers which ignored centuries of the laws and custom of the sea, as well as Canada’s own laws and treaty obligations, answers probably written by what are now known as “the kids in short pants” in the Prime Minister’s Office.

There was a time in this country when some ministers of the Crown took their responsibilities seriously. That idea that has decayed over the years and now has been gutted by the adminstration of Stephen Harper. As Ottawa pundits have noted recently, only a small handful of cabinet ministers in the Harper government have any real responsibility and only those  are permitted to answer questions by themselves in the Commons. According to most Ottawa insiders, the less important ministers, like Shea, are basically told what to do by the prime minister’s office.

Gail Shea, Minister of Fisheries and Oceans, visited the Canadian Coast Guard Ship Leonard J. Cowley on Friday, December 6,  2013, to examine the fast rescue craft launching mechanism for offshore fishery patrols with Regional Director, Fleet, Stephen Decker and Captain Kerry Evely, Commanding Officer. The Cowley conducts fisheries patrols and monitors fishing activities under Canada's commitment to the Northwest Atlantic Fisheries Organization. (DFO)
Gail Shea, Minister of Fisheries and Oceans, visited the Canadian Coast Guard Ship Leonard J. Cowley on Friday, December 6, 2013, to examine the fast rescue craft launching mechanism for offshore fishery patrols with Regional Director, Fleet, Stephen Decker and Captain Kerry Evely, Commanding Officer. The Cowley conducts fisheries patrols and monitors fishing activities under Canada’s commitment to the Northwest Atlantic Fisheries Organization. (DFO)

If the House of Commons under Harper could fall any lower, Shea’s attitude (or more likely the PMO’s attitude)  on ship and coastal safety takes the Commons and ministerial responsibility to a new low—the bottom of the sea.

Nathan Cullen, NDP MP for Skeena Bulkley Valley, who represents Haida Gwaii first asked. “Mr. Speaker, on Friday, a Russian ship carrying more than 500 million litres of bunker fuel lost all power just off the coast of Haida Gwaii.The Canadian Coast Guard vessel, the Gordon Reid, was hundreds of kilometres away, and it took almost 20 hours for it to reach the drifting ship. Thankfully, favourable winds helped keep the ship from running aground, and a private American tugboat eventually towed it to shore. Is the minister comfortable with a marine safety plan that is based on a U.S. tugboat and blind luck in order to keep B.C.’s coast safe?”

Shea responded.

“Mr. Speaker, luck had nothing to do with the situation.  The Russian ship lost power outside Canadian waters in very rough weather. The private sector provides towing service to the marine industry. We are grateful that the Canadian Coast Guard was able to keep the situation under control in very difficult conditions until the tug arrived from Prince Rupert.”

Cullen tried again:

“Mr. Speaker, if the government really wanted to show its gratitude to the Canadian Coast Guard maybe it would not have cut $20 million and 300 personnel from its budget. Even after the Gordon Reid arrived, its tow cable snapped three times. The Russian ship was only about a third as big as the huge supertankers that northern gateway would bring to the very same waters off the west coast. How can Conservatives, especially B.C. Conservatives, back their government’s plan to put hundreds of oil supertankers off the B.C. coast when we do not even have the capacity to protect ourselves right now?”

Shea replied: “Mr. Speaker, this Russian ship lost power outside of Canadian waters. The Canadian Coast Guard responded and kept the situation under control, under very difficult conditions, until the tug arrived from Prince Rupert.

We as a government have committed $6.8 billion through the renewal of the Coast Guard fleet, which demonstrates our support for the safety and security of our marine industries and for our environment.”

Related Link: Canadian Coast Guard Mid-Shore Patrol Vessel program

Next to try was Liberal MP Lawrence MacAulay from Cardigan.

“Mr. Speaker, the Russian container ship that drifted off the west coast raises serious concerns about the response capability of the Canadian Coast Guard. This serious situation was only under control when a U.S. tugboat arrived.”

Again Shea read her script: “This Russian ship lost power outside Canadian waters.  On the west coast, the private sector provides towing services to the marine industry.’

The final attempt by Liberal Joyce Murray, from Vancouver Quadra, also led to a scripted answer. “ this was a private towing vessel that came to tow the vessel that was in trouble.”

Shea’s answers, especially her repeated reference to “territorial waters” set off a series of “What the…?” posts on Twitter from west coast mariners and sailors, wondering if Shea knew anything about maritime law.

The first question one must ask was Shea actually not telling the whole truth to the House of Commons (which is forbidden by House rules) when she said the Simushir was outside Canadian waters? The Haida Nation, in a news release, (pdf) says the Simushir was “drifting about 12 Nautical Miles North West of Gowgaia Bay located off Moresby Island off Haida Gwaii.”

International law defines territorial waters  as a belt of coastal waters extending at most 12 nautical miles (22.2 km; 13.8 mi) from the baseline (usually the mean low-water mark) of a coastal state.

As Shea’s own DFO website says Canada has exercised jurisdiction over the territorial sea on its east and west coasts out to 12 nautical miles since 1970, first under the Territorial Sea and Fishing Zones Act and now under the Oceans Act. The baselines for measuring the territorial sea were originally set in 1967. While the exact position can and should be confirmed by the ship’s navigation logs and GPS track, it is clear that the container vessel could have been at one point after it lost power within Canada’s territorial waters.

Even if the Simushir wasn’t exactly within territorial waters, the ship was in what again Shea’s own DFO website calls the “contiguous zone “an area of the sea adjacent to and beyond the territorial sea. Its outer limit measures 24 nautical miles from the normal baseline zone.” In any case, the Simushir was well within what Canada says is its “exclusive economic zone” which extends 200 nautical miles from the coastal baseline.

Law of the Sea

So here is the first question about Shea’s competence.

How could she not know that the Simushir was well within Canadian jurisdiction, as defined by her own department’s website? Even if the minister hadn’t read the departmental website, wasn’t she properly briefed by DFO officials?

The second point, is that whether or not the Simushir was in  actually in Canada’s territorial waters is irrelevant. Custom going back centuries, and now the United Nations Convention on the Law of the Sea  and even the Canada Shipping Act all require the master of a capable vessel to render assistance once that vessel receives a distress call or sees that another vessel is in distress.

The Safety of Life at Sea Convention

… the master of a ship at sea which is in a position to be able to provide assistance, on receiving a signal from any source that persons are in distress at sea, is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue service that the ship is doing so.

And the Canada Shipping Act requires

Every qualified person who is the master of a vessel in any waters, on receiving a signal from any source that a person, a vessel or an aircraft is in distress, shall proceed with all speed to render assistance and shall, if possible, inform the persons in distress or the sender of the signal.

The master of a vessel in Canadian waters and every qualified person who is the master of avessel in any waters shall render assistance to every person who is found at sea and in danger of being lost.

Note the phrase any waters. Not just in Canadian territorial waters as the Shea, the minister responsible for the ocean seemed to imply in her Commons answers.

That once again calls into question Shea’s fitness to be a minister of the Crown.

If she did not know about the UN conventions on the law of the sea, of which Canada is signatory, or the Canada Shipping Act, she is not up for the job as Minister of Fisheries and Oceans.

If, as the minister responsible for oceans, she knew the law and was told by the PMO to mislead the House of Commons, she is is irresponsible and MPs should ask the Speaker if she actually broke the rules of the House.

 UN training document on the Law of the Sea Convention, including rescue at sea.  (pdf)

Regulation Seven of the Annex on Search and Rescue Services states

 Each Contracting Government undertakes to ensure that necessary arrangements are made for distress communication and co-ordination in their area of responsibility and for the rescue of persons in distress at sea around its coasts. These arrangements shall include the establishment, operation and maintenance of such search and rescue facilities as are deemed practicable and necessary, having regard to the density of the seagoing traffic and the navigational dangers, and shall, so far as possible, provide adequate means of locating and rescuing such persons.

Note that the regulation does not say within territorial waters, but “around its coasts.”

Rendering assistance

Canada has always rendered assistance to distressed vessels not just up and down the coast but around the world. Take the case of HMCS Chartlottetown. On February 3, 2008, HMCS Chartlottetown on anti-piracy and anti-terrorist patrol in the North Arabian Sea, spotted a rusty barge with some men stranded on the deck. It turned out the men were from Pakistan and that the vessel towing the barge had sunk with all hands, leaving only the men on the barge alive. The North Arabian Sea is far out side Canadian territorial waters.

In February, 2008. the crew of HMS Charlottown rescued the crew of a Pakistani barge that was drifting in the North Arabian sea after the tug that was hauling the barge sank. (MCS CHARLOTTETOWN’s approach team speaks to Pakistani crewmembers who were stranded on a barge after the vessel towing it sunk with their fellow crewmembers on board in the Northern Arabian Sea. MCS CHARLOTTETOWN’s approach team speaks to Pakistani crew members who were stranded on a barge after the vessel towing it sunk with their fellow crewmembers on board in the Northern Arabian Sea. (Cpl Robert LeBlanc,/Canadian Forces Combat Camera)
In February, 2008. the crew of HMCS Charlottetown rescued the crew of a Pakistani barge that was drifting in the North Arabian sea after the tug that was hauling the barge sank. (Cpl Robert LeBlanc,/Canadian Forces Combat Camera)

On must wonder then if the Harper Government, or at least Minister Shea is suggesting that this country ignore centuries of maritime law and custom and, in the future, pass that barge by because it was not in Canadian waters?

Perhaps buried in the next omnibus bill we will see the Harper Government restrict rescue at sea to Canadian territorial waters. Farfetched? Well that is what Minister Shea’s answer in the Commons seems to suggest.

Given the cutbacks to the Coast Guard services over the past few years, and if there are going to be large tankers, whether LNG or bitumen, on the west coast, it is an open question whether or not the Harper government has actually made  those “arrangements shall include the establishment, operation and maintenance of such search and rescue facilities as are deemed practicable and necessary, having regard to the density of the seagoing traffic and the navigational dangers, and shall, so far as possible, provide adequate means of locating and rescuing such persons.”

Now comes the question of the use of the tug Barbara Foss and the two Smit tugs that later joined to tow the Simushir into Prince Rupert harbour.

It is the responibility of the owner or manager of a disabled vessel, large or small, to contract with a tug or towing service to safely take it back to port. But, and it’s a big but, the tow begins only when it is safe to do so, if there is a danger of the ship foundering, sinking or running aground, it is the obligation of all the responding vessels to render assistance, not just the tug contracted to do the job.

(There are reports that the Simushir owners chose to hire the Barbara Foss rather than the heavy duty Smit tugs available at Prince Rupert. Jonathan Whitworth, CEO of Seaspan told Gary Mason of The Globe and Mail that there are about 80 boats on the west coast, capable of  heavy-duty towing, but noted that as in the case of the Simushir, those vessels may not be available when needed)

While around the Lower Mainland of BC, even a small boat that has run out of gas or has engine trouble can get commercial assistance from many service providers, the same is not true of the north coast, or at Haida Gwaii, where are no such regular services. Seapan’s Whitworth told The Globe and Mail there is often a 6,000 horsepower log hauling tug that works off Haida Gwaii. but he also noted that it would be too expensive to have a tug permanently moored on the archipelago.

That means mariners who run out of gas or have engine trouble, say on Douglas Channel, have to call Prince Rupert Coast Guard radio and request assistance either from nearby vessels or from the volunteer Royal Canadian Marine Search and Rescue  service. RCMSAR policy says that a the rescue boat will not tow a vessel if “commercial assistance is reguarly available.” If commercial assistance is not available RCMSAR is only obligated to tow the boat as far as a “safe haven,” where the boat can tie up safely or contract for that “commercial assistance.”

Here on Douglas Channel the safe haven is usually Kitimat harbour and thus during the summer frequently either a good  Samaritan vessel or RCMSAR take the disabled vessel all the way to MK Bay.

Shea’s pat answer to the Opposition questions only betrayed the fact that the east coast minister is woefully ignorant of conditions on the northern coast of British Columbia.

In the old days, a minister who screwed up so badly would be asked to resign. That never happens any more. Ministerial responsibility has sunk to the bottom of the sea.

The bigger picture question seems to be. Why, if the Harper government is so anxious to get hydrocarbons, whether bitumen or natural gas to “tide water” does it keep going out of its way to show its contempt for the people who live on Canada’s west coast?

A note for the voters of Prince Edward Island, where Shea is the member for Egmont. Consider this, if a ship gets into trouble outside the 12 mile limit, trouble that could threaten your beautiful red sandy beaches, you’re likely on your own.

Chevron applies to update permit to discharge storm water to Bish Cove and Douglas Channel

Chevron LogoChevron has applied to the BC Ministry of the Environment for a permit to discharge storm water from the liquified natural gas construction site at Bish Cove and along the shore of Douglas Channel.

The construction site is currently operating on a Waste Water Discharge Approval that expires on Oct. 31.

Map of Bish Cove
Map showing construction areas at the Kitimat LNG site at Bish Cove likely to discharge storm water into the Douglas Channel. (Chevron/ McElhanney Consulting)


The application sets new objectives that “will be protective of the receiving environment.” Various construction areas will discharge storm water (likely due to clearing of the bush cover) from areas at Bish Cove itself and the Bish Creek watershed “including the following watercourses and associated tributaries: Bish Creek, West Creek, Skoda Creek and Renegade Creek.”

The application says that the “maximum rate of effluent discharged from this project and support areas will vary based upon seasons and weather.” Areas and amounts of water may change as the construction proceeds. “The characteristics of the stormwater runoff will be water produced from precipitation, including snowmelt that contains suspended sediment from earthworks and construction.” The application adds, “The types of treatment to be applied to the discharges are: erosion prevention and sedimentation control management practices and devices which may include sedimentation ponds, oil water separators, pH adjustment, flocculent  addition and sand filtration.

The public and concerned individuals or groups can provide “relevant information” to the Regional Manager, Environmental Protection, #325-1011 Fourth Ave, Prince George BC V2L 3H9 until September 20, 2014 or call Marc Douglas at 844-800-0900.

Ocean acidification growing risk to west coast fishery, including crab and salmon, US studies show

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.

This photograph from NOAA of a pteropod, important in the ocean diet of pink salmon, shows the first evidence of marine snails from the natural environment along the U.S. West Coast with signs that shells are dissolving. (NOAA)

NOAA says:

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.

Canada’s Department of Fisheries and Oceans says it has ongoing studies on oceanic acidification including the role of petropods in the lifecycle of the salmon.

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.

Healthy pteropod
A healthy pteropod collected during the U.S. West Coast survey cruise. (NOAA)

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].

NOAA expediton
Bongo nets are deployed up to 200 meters deep to catch marine snails (pteropods), which are indicators of the progress of ocean acidification. The pteropod samples were collected during the U.S. West Coast survey cruises in 2011 and 2013. Unlike the US, Canada’s DFO is using models to track what’s happening to pteropods. (NOAA)

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.

The DFO study, according to the agency website is “being examined in the context of model predictions.

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.

Map of Alaska
A map of Alaska shows the economic and ecological risks to parts of the state from ocean acidification. (NOAA)

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 pteropod study was published in April in Proceedings of the Royal Society B. The ecological and economic study is published in Progress in Oceanography.

The Supreme Court decision on Tsilhqot’in Rights and Title is a shot across the bow of the Alberta bound National Energy Board

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.

Members of the Joint Review panel make notes at Kitamaat Village (Robin Rowland)
Members of the Northern Gateway Joint Review Panel, left to right, Kenneth Bateman, chair Sheila Leggett and Hans Matthews make notes at the June 25, 2012 hearings at the Haisla Recreation Centre, Kitamaat Village. A map of Douglas Channel can be seen behind the panel. (Robin Rowland/Northwest Coast Energy News)


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.

Most egregious was the JRP’s refusal to consider the late evidence on the growing number of humpback whales in Douglas Channel.

Humpback whale in Douglas Channel
The tail fins of a humpback whale are seen in Douglas Channel near Bish Cove, as a fishing boat speeds toward Kitimat harbour in a rain storm on Aug. 21, 2013. (Robin Rowland/Northwest Coast Energy News)

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.

That embedding in Alberta isn’t going to change. It might have been a good idea to move the NEB headquarters back to Ottawa but it’s too late for that. The NEB this week is moving to new quarters in Calgary  at a cost to taxpayers of a staggering $21 million.

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.”

Public interest

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.

“Trust Enbridge”

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.

Gerald Amos
At the celebration of the Supreme Court decision, on June 26, Gerald Amos welcomed the suggestion from lawyers that the ruling could force a re-examination of Northern Gateway. (Robin Rowland/Northwest Coast Energy News)

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

and later

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.

And then:

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.

Sheila Leggett
JRP Chair Sheila Legget during the final arguments in Terrace, June 17, 2013. (Robin Rowland/Northwest Coast Energy News)

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.

Kitimat Council urges heavy turnout for North Coast Draft Marine Plan meeting

Marine planning map
Zone maps for the North Coast marine draft plan. (MAPP)

District of Kitimat Council  has urged residents to turn out in large numbers for consideration of the North Coast Draft Marine Plan at the Kitimat Valley Institute Tuesday, May 13, from 5:30 to 8:30.

In introducing the motion, Mayor Joanne Monaghan said she was worried that not enough Kitimatians, especially charter operators, boaters and fishers were aware of the meeting.

Another council member privately said he was worried that the Open House and Forum weren’t publicized enough so that the town could be checked off as having “been consulted.”

Residents can download the plan from the Mappocean website at http://mappocean.org/north-coast/draft-plan-for-input/.

MAPP stands for Marine Planning Partnership for the North Pacific Ocean.

According to the documents the purpose of the North Coast Marine Plan “is to provide recommendations for achieving a sustainable balance between ecosystem health, social and cultural well-­‐being and economic development through an ecosystem-­‐based approach to planning and management.”

The plan is all about managing “common First Nation and provincial interests related to marine areas.”

The parners include the province and the Skeena First Nations Stewardship Society (NCSFNSS), representing the Metlakatla, Kitsumkalum, Kitselas, Haisla, Gitga’at, and Gitxaala Nations.
According to the doucments the North Coast plan area covers 27,000 kilometres of coastline;

that is indented with deep fjords and dotted with thousands of islands. It is a region of profound beauty, significant ecological diversity and remarkable cultural richness. Prince Rupert, Terrace and Kitimat are the largest communities in the North Coast plan area, which supports an overall population of approximately 42,000.

According to the summary of the plan:

The physical complexity of the North Coast includes a range of ecosystem types, including important estuaries that support distinct marine ecosystems and species. A diverse range of economic and community activities occur within the North Coast plan area. Commercial fisheries and associated processing facilities and logging have supported communities along the coast since the early 1900s. These activities continue to be important to the well-­‐being of coastal communities. Port activities centered around the communities of Prince Rupert, Kitimat and Stewart, and active recreational fishing and tourism sectors, continue to be strong economic drivers in the area. North Coast First Nations living in the region have distinct cultural and spiritual heritages that are intricately linked to the marine environment and the long-­‐standing sustainable use and management of marine resources.

The plan appears to overlap some areas where there have been environmental assessments of the Northern Gateway and the numerous liquified natural gas proposals.

The plan summary goes on to say:

The draft plan brings together science and Aboriginal knowledge, input from the technical staff of NCSFNSS (representing the Gitga’at, Gitxaała, Metlakatla, Kitsumkalum, Kitselas and Haisla Nations) and the Province. Key information and direction was provided by First Nations strategic marine use plans and existing provincial planning and policy documents.
Ecological, cultural and social and economic data sources were compiled and analysed by the joint technical team and contract support. Relevant background scientific reports and technical documents from the Pacific North Coast Integrated Management Area (PNCIMA) process were also used, along with the BC Marine Conservation Analysis. Additional information was drawn from government reports and publications, academic literature, industry or sector publications, discussions with experts and local knowledge. Advice was also incorporated from the North Coast Marine Plan Advisory Committee and public and stakeholder engagement.

The Pacific North Coast Integrated Management Area process was killed by the Harper government in the fall of 2011 . The decision to kill the PNCIMA was officially for budget reasons, but general speculation at the time was that Harper and then Natural Resources Minister Joe Oliver wanted to kill PNCIMA as one way of ensuring the government could push through the Northern Gateway project. The MAPP program was set up by the province and First Nations as a reaction to Harper’s decision.


Draft Marine Plan Summary (pdf)

Ottawa announces upgrades to Douglas Channel, Kitimat, navigation systems

Smart Ocean Systems map
Map from the Smart Ocean Systems website showing navigation upgrades. The map also shows potential LNG development and what it calls “Tidewater Oil Exports” in Kitimat and Vancouver. (Smart Ocean Systems)

The federal government today announced that it is going to spend $9,127,000 through the Western Diversification Program to support  “the development of Ocean Networks Canada’s (ONC) Smart Oceans BC program” to upgrade radar and other navigation aids on the BC coast.

The upgrades include adding the Automatic Identification System (AIS) ship tracking system, which means that those using a web-based ship tracker will be able to monitor major vessel traffic in Douglas Channel.

A news release from Michelle Rempel, Minister of State for Western Economic Diversification said:

The project will add small scale underwater observatories, high frequency coastal radars and an Automatic Identification System to ONC’s existing marine observatory footprint including near Port Metro Vancouver, Campbell River, Kitimat, the Douglas Channel waterway, as well as Prince Rupert.

The news release goes on to say an “expanded footprint”  will contribute to what the Conservatives call “responsible resource development”  by helping to prevent accidents, predicting and warning of natural hazards, and “improving overall marine operational situational awareness.”

The government says that IBM is developing a system to monitor the data streams from the hundreds of sensors that are being expanded as part of the Smart Oceans BC program. Improved data collection will allow modeling systems to better support disaster planning. In addition, highly qualified personnel will be trained in ocean analytics.

Additionally, SMEs will gain access to technology demonstrations and commercialization assistance, as well as international business development services offered by the ONC Innovation Centre.

The news release places special emphasis on Kitimat saying:

  • This project will allow for real-time monitoring of vessel traffic, waves, currents and water quality, in areas such as the Douglas Channel, a shipping artery leading to Kitimat.

 The news release quotes David Fissel, Chair and Senior Oceanographer, ASL Environmental Sciences, Inc, as saying: “This substantial investment in Smart Oceans BC will also benefit British Columbia’s many ocean science and technology SME’s. Access to ONC’s observatories and their innovative technology provides a competitive advantage to BC companies seeking to expand their export sales. Our success in global markets also benefits from the support of the ONC Innovation Centre’s international business development services.”

The Smart Oceans website describes the project this way: “Smart Oceans BC is the next phase in the world-class Ocean Networks Canada system that will position Canada as a global leader in ocean technology that delivers science and information for good ocean management and responsible ocean use.”

 It adds:

The Smart Ocean BC footprint will cover areas critical to Canada’s economic future including:

Strait of Georgia and Port of Vancouver
Proposed oil and gas export facilities located at the Port of Prince Rupert, Kitimat, Campbell River, Port Alberni, and Douglas Channel waterways
Associated shipping routes to the high seas

The announcement came just two days after the residents of Kitimat voted in a plebiscite against the Northern Gateway project. The ballot count from Saturday’s vote was 1,793 opposed versus 1,278 who supported the multi-billion dollar project — a margin of 58.4 per cent to 41.6 per cent.

Kitimat votes: High turnout expected for Gateway ballot but what will the results mean to Kitimat?

No Enbridge t-shirts
Members of the Haisla Nation wear No Enbridge t-shirts at the finals of the Kitamaat Open Basketball Tournament, April 6, 2014. (Robin Rowland/Northwest Coast Energy News)

A high turnout is expected Saturday for the non-binding plebiscite where residents of the District of Kitimat can, perhaps, say yes or no to the Enbridge Northern Gateway project. In some ways, it all depends on how people interpret the convoluted question.

Warren Weychasen, Kitimat’s Deputy Administrative Officer said Thursday 910 people voted during advance polls on April 2 and April 9, compared to 470 over the two days of advance voting in the 2011 municipal election.

Even who can vote has can be the matter of heated debate. Members of the Haisla Nation who live in Kitamaat Village feel strongly that they should have a voice, even though legally they live outside the municipal boundaries. “It’s our land they’re talking about,” one Haisla member, who wouldn’t give his name, said Friday as he was getting off the Village bus at City Centre.

The District also decided to allow residents of Kitimat who have been here longer than 30 days to vote, even if they are not Canadian citizens.

Another group that can’t vote, many from outside the northwest region, are living at the Rio Tinto Alcan Kitimat Modernization Camp or at smaller camps for the developing LNG projects. An informal poll of those workers at City Centre Friday showed that if camp workers had been allowed to cast a vote, many would have voted “yes,” something the opponents of Northern Gateway said they feared would overwhelm local residents.

The $6.5 billion project would see two pipelines, one carrying oil sands bitumen from Alberta to the port of Kitimat, and a second carrying a form of natural gas used to dilute the bitumen from Kitimat to Alberta. The bitumen would then be loaded onto tankers for shipment to Asia along environmentally sensitive areas of the British Columbia coast.

Janet Holder
Enbridge Vice President Janet Holder talks about the Northern Gateway project at an Open House April 8. (Robin Rowland/Northwest Coast Energy News)

Northern Gateway’s campaign has concentrated on the promise of 180 permanent direct local jobs worth $17 million and more spinoff jobs for contractors and suppliers. The company also promises that the District will receive $5 million in property taxes.

Northern Gateway also emphasized its commitment to safety and the environment, saying that the National Energy Board Joint Review Panel that held two years of hearings on the project, has made many of the company’s voluntary commitments a mandatory part of the conditions for granting permission to go ahead.

The main opponent, Douglas Channel Watch, maintains that the risk from either a tanker accident or pipeline breach is too high for the small number of jobs Northern Gateway will bring to the community.

Advance voting
District residents vote in the advance poll, Wednesday, April 9. (Robin Rowland/Northwest Coast Energy News)

Controversial question

Even the question, as chosen by the District of Kitimat Council, is controversial, because it focuses on the 209 conditions placed on the project by the Joint Review Panel:

Do you support the final report recommendations of the Joint Review Panel (JRP) of the Canadian Environmental Assessment Agency and National Energy Board, that the Enbridge Northern Gateway project be approved, subject to 209 conditions set out in Volume 2 of the JRP’s final report?

After the district council decided on that question, debate on the wording continued through several council sessions in January and February.

Public delegations, some from Douglas Channel Watch, told council that there should be a simple yes or no question.

On January 13, Donny van Dyk, Northern Gateway’s local manager for coastal aboriginal and community relations, told council that the company preferred a series of simple questions, because “We avoid an adversarial feeling plebiscite and we generate dialogue and debate amongst the plebiscite but also so we as a proponent can come away with value and create a better project.”

Council rejected a proposal for a series of simple of questions, leaving voters to decide on whether or not they supported the Joint Review recommendations. That raised the question of whether voters would make their choice on some of the provisions of the report and not the project itself.

What does it mean?

That means that even Council is unsure of what the vote will mean.

The main reason for holding the non-binding plebiscite is that it fulfills a promise from an all candidates meeting during the municipal election in November 2011, where every candidate agreed to “poll” the citizens of Kitimat on Northern Gateway.

After the new council took office, on Jan. 16, 2012, it voted to hold some sort of poll or vote to find out whether the community supports the Enbridge Northern Gateway pipeline project. At the time, it was unclear after the vote how the survey would take place.

For the almost two years of the Joint Review Panel, the District of Kitimat did little more than act as spectators when the JRP was in town, claiming its neutrality policy precluded participation.

The District could have participated without violating the neutrality provisions, but chose not to do so. It’s now clear that decision angered the Haisla Nation, as Chief Counsellor Ellis Ross said in a letter to the media, “the District stood by and did nothing”

The debate in the District of Kitimat Council on March 3 showed that even members of council were uncertain what the vote would mean.

Councillor Corinne Scott said, “As much as we wanted to know what the feeling of the community is, all we know so far is that we’re split. What the percentage of split is, we don’t know,” said Scott.

Councillor Phil Germuth said the vote is not on the project itself, but on the Joint Review decision. “We’re asking about 209 conditions that nobody understands fully. Even Enbridge doesn’t fully understand them.”

Councillor Edwin Empinado said once the results are known, that would give the District “more bargaining power” in future dealing with company and the federal government, a sentiment echoed by Douglas Channel Watch which admits the vote will do little more than send a message to Ottawa.

It was Northern Gateway’s decision to put major resources into the campaign that raised the profile of what was originally intended as way of discovering the feeling in the small community. With the ruling from the Joint Review Panel that Northern Gateway is in the national interest and the final decision in the hands of the federal cabinet, it is equally uncertain what effect, if any, the vote will have on Ottawa.

Acrimonious debate

Throughout the hearings, most people in Kitimat kept their views to themselves. When the campaign began in earnest, which in turn, triggered a fierce and often acrimonious debate on social media, mainly on the Facebook group Kitimat Politics, showing the divide in the community, although it appears from the comments that there are more opponents than supporters on the forum. The e-debate on Kitimat Politics is continuing up to the last minute Friday night and will likely get hotter once the results are known.

The adversarial feeling that van Dyk had said the company wanted to avoid was amplified in the past month when Northern Gateway began an aggressive public relations campaign with newspaper ads, glossy brochures and a door-to-door campaign by employees, some brought in from Alberta.

When news of Northern Gateway’s campaign effort spread on social media, which in turn prompted a counter campaign using the hashtag #adsforkitimat. Ads created by people from across BC were posted on Facebook and YouTube.

Campaign signs
Campaign signs on Haisla Blvd. (Robin Rowland/Northwest Coast Energy News)

Campaign spending

Douglas Channel Watch positioned itself as the David vs. the Enbridge Goliath.

On Monday, Murray Minchin of Douglas Channel Watch told Council, “When Kitimat and northern BC residents found out how many resources Enbridge was pouring into their Kitimat plebiscite advertising campaign, some of those citizens made unsolicited donations to Douglas Channel Watch. This has allowed our small group to mount an advertising campaign of our own.” Minchin said donations went up after the group launched a website adding, “People began handing us money on the street while we were putting up lawn signs. Somebody, anonymously, left a $2,000 money order in one of our member’s mailboxes.

On Thursday, Douglas Channel Watch released its advertising budget showing that the organization spent $10,970.00 on print media ads, $792.92 on supplies, and has an outstanding debt of approximately $2,600.00 in radio ads, for a total of $14,362.92. Minchin challenged Enbridge to release its own ad budget.

Ivan Giesbrecht, a spokesperson for Northern Gateway said in an e-mail to the media that the company “will discuss our advertising spending after it’s over [the plebiscite] this weekend.” Late Friday, Giesbrecht released partial figures to the Northern Sentinel, saying the company had spent $6,500 in print and $3,100 on radio advertisements during the campaign.

Those figures don’t include the glossy brochures Northern Gateway distributed in the community, sponsored posts on Facebook, or the signs the dot the streets of Kitimat.

Douglas Channel Watch did put up signs. Many were recycled from earlier protests, came from Friends of the Wild Salmon or were created by volunteers from as far away as Smithers.

Giesbrecht told the Sentinel  said the company felt that the discussion in the community about which side of the vote has spent more had “become a distraction” from the real issues. But instead of a discussion on jobs and taxes, on Friday night there was a raging debate on Kitimat Politics on Facebook about the Gateway release on its spending and what was missing from those figures.

Owen McHugh of Northern Gateway
Northern Gateway’s Owen McHugh explains the “supertugs” during a Powerpoint presentation at the Open House (Robin Rowland/Northwest Coast Energy News)

Super tugs

On a cold and rainy Tuesday afternoon, Northern Gateway hosted an Open House and barbeque at the Rod and Gun. Northern Gateway not only outlined the jobs they say the project would create, but emphasized how far along the company is coming in meeting BC Premier Christy Clark’s condition for a “world-class” tanker spill prevention and response system.

Janet Holder, Enbridge Vice President of Western Access described what she and Northern Gateway staff called “super tugs,” 50 metres long. “One will be tethered to the tanker, one will be following the tanker,” Holder said. “So there will be two escorts whenever that tanker is in Canadian waters. The important thing about the tugs is not just they can move that tanker if it get into difficulty. It also contains emergency response equipment right with the tankers. We’ll also have strategically placed barges with emergency response equipment along the shorelines. We will be bringing in an enormous amount of equipment before we even start operating.”

Owen McHugh, a Northern Gateway emergency manager said, “Adding these four or five tugs to the north coast provides a rescue capability that doesn’t exist in this format. So for any large commercial vessel that is traveling on our coast, this capacity to protect the waters of the north coast.” The tugs will also have firefighting capability. “The salvage capability that BC describes as ‘world-class,’ Northern Gateway is bringing that to the north coast,” McHugh said.

The plebiscite has raised tensions between the District of Kitimat and the nearby Haisla First Nation, which adamantly opposed to Northern Gateway.

Haisla anger

Haisla chief counsellor Ellis Ross wrote a scathing letter to local media, saying, in part:

Deciding to hold a referendum at this late date is a slap in the face to all the work done by the Haisla Nation on this project. The Haisla Nation dedicated time and money toward testing Northern Gateway’s evidence and claims about safety and environmental protection, while the District stood by and did nothing.

The review process for this project has already left town, with the District taking no position on the project. Still undecided on what its views are on the project, the District now proposes to conduct a poll, instead of examining the facts in the JRP process. A poll to vote on a JRP report that we view as wrong to begin with including the flawed process itself!

On Sunday, the Haisla Senior Women were playing the Prince Rupert Thunder in finals of the annual Kitimat Open Basketball Tournament which has the aim of promoting “Cultural Warming” among everyone living in northwestern BC. At half time, members of the Haisla Nation distributed black T-shirts labelled with “No Enbridge” to spectators in the bleachers. After the Haisla won the game, 67 to 45, as Kitimat mayor Joanne Monaghan was called on to congratulate the winners, she was greeted by chants of “No Enbridge, No Enbridge.”

At Tuesday’s Open House, one of the audience asked Enbridge officials, including Janet Holder, “Why are you ignoring the Haisla?”

Donny van Dyke responded, “We are actively working to strengthen that relationship….” Then when the questioner persisted, van Dyke said, “With this question perhaps it’s better to take it offline.” Then he asked, “Are there any other questions?”

Special meeting

Monaghan has said the council will wait for the outcome before taking a stand. District Council has called a special meeting on Monday night to consider the results of the plebiscite.

For years the District of Kitimat has been officially neutral but voting over the past years shows that council is evenly split on Enbridge issues with swing votes sometimes going one way and sometimes another on what are often four to three votes.

The federal cabinet has until mid-June, 180 days after the release of the Joint Review decision to approve the panel’s findings. It is expected by most observers that Prime Minister Stephen Harper will give the go ahead. That doesn’t mean the project will start immediately, the Joint Review findings already face about a dozen court challenges from First Nations and environmental groups.

Minchin said Saturday’s non-binding plebiscite “is not going to affect the Prime Minister’s decision per se. But it’s very important for Enbridge to squeak out a win here in Kitimat. It’s just my feeling that this proposal is associated with way too many risks for very little gain.

“If it comes back as a ‘no’ from Kitimat, it’s a clear signal back to Ottawa that they really need to rethink their priorities. For the amount of bitumen that would be coming here and exported as a raw product’ that same amount of bitumen would provide a couple of thousand direct jobs in Alberta. It seems crazy to be shipping off all our raw resources without any upgrading, it’s like raw log exports.”

Enbridge Vice President Janet Holder, speaking at the Open House said, “This is not a pie in the sky type project, it is real, we do have the shippers behind us, we have First Nations behind us.”

Outreach continues

No matter what happens Saturday, both sides will continue to push their positions.

Holder said she would not speculate on the outcome of the plebiscite, “We’re going to communities throughout British Columbia, talking to citizens, providing the information, listening to their concerns. We’re just continuing with that outreach and we’ll continue with that outreach over the next year.”

How Kitimat voters cast their ballots depends on factors that go beyond the simple environment versus economy and jobs argument, so the outcome of Saturday’s plebiscite is far from certain.

In 2010, West Fraser’s Eurocan paper mill closed, with the loss of 500 jobs, a devastating blow to Kitimat’s economy. The Eurocan closure, the earlier closure of a Methanex plant and cutbacks at the Rio Tinto Alcan smelter and the abandonment of mills and mine across the northwest in recent years have left many people skeptical of corporate promises of jobs. Others believe the Northern Gateway project, along with proposed Liquefied Natural Gas projects in Kitimat and Prince Rupert will bring a much needed boost to a struggling economy.

Even though Kitimat has been an industrial town since the aluminum smelter was built in the 1950s, most residents fish in the Kitimat River, boat on Douglas Channel and hike or hunt in the back country, which means environmental concerns are always high on the agenda. There are fears even among some supporters of Northern Gateway of an environmental disaster.
Northern Gateway, which has admitted that its relations with northern communities started off badly in the early stages of the project, has a lot of catching up to do, no matter what the outcome of the plebiscite.

Nathan Cullen, NDP MP for Skeena Bulkley Valley and Opposition Finance Critic came to Kitimat last week to assist Douglas Channel Watch with its door-to-door campaign. “There will be PhDs written on how Enbridge blundered this,” Cullen told reporters at the time.


(Spelling of van Dyk was corrected. We regret the error)





Kitmat Votes: What the Joint Review Panel said about the Exxon Valdez disaster

Excerpts from the Northern Gateway Joint Review Panel report relating to the Exxon Valdez disaster.

Northern Gateway told the Joint Reivew Panel that

on a worldwide basis, all data sets show a steady reduction in the number
and size of oil spills since the 1970s. This decline has been even more apparent since regulatory changes in 1990 following the Exxon Valdez oil spill, which required a phase-in of double-hulled tankers in the international fleet. No double-hulled tanker has sunk since 1990. There have been five incidents of double-hulled tankers that have had a collision or grounding that penetrated the cargo tanks. Resulting spills ranged from 700 to 2500 tonnes

The Haisla countered by saying:

The Haisla Nation said that, although there have been no major spills since the Exxon Valdez spill in Prince William Sound, there were 111 reported incidents involving tanker traffic in Prince William Sound between 1997 and 2007. The three most common types of incidents were equipment malfunctions, problems with propulsion, steering, or engine function, and very small spills from tankers at berth at the marine terminal. The Haisla Nation said that, in the absence of state-of-the-art
prevention systems in Prince William Sound, any one of those incidents could have resulted in major vessel casualties or oil spills.

There were disputes about how the Exxon Valdez affected species in the Prince William  Sound area:

Northern Gateway said that, although crabs are known to be sensitive to toxic effects, they have been shown to recover within 1 to 2 years following
a spill such as the Exxon Valdez incident. Northern Gateway said that Dungeness crab was a key indicator species in its assessment of spill effects.

Northern Gateway said that potential effects to razor clams are not as well studied. It said that sediment toxicity studies after the Exxon Valdez spill did not suggest significant effects on benthic invertebrates. Following the Exxon Valdez and
Selendang Ayu oil spills in Alaska, food safety closures for species such as mussels, urchins, and crabs were lifted within 1 to 2 years following the

In response to questioning from the Council of the Haida Nation regarding potential spill effects on herring, Northern Gateway said that herring were a key indicator species in its spill assessment.
Northern Gateway said that the Exxon Valdez spill did not appear to cause population-level effects on Prince William Sound herring.

As did throughout its report, the Joint Review Panel gave great weight to Northern Gateway’s evidence:


Northern Gateway said that potential effects of oil stranded on the shorelines and in the intertidal environment were assessed qualitatively with particular reference to the Exxon Valdez oil spill. It said that the entire intertidal zone along affected
shorelines would likely be oiled, coating rocks, rockweed, and sessile invertebrates. Some of the diluted bitumen could penetrate coarse-grained intertidal substrates, and could subsequently be remobilized by tides and waves. There were
relatively few shoreline areas with potential for long oil residency. Northern Gateway said that the stranded bitumen would not be uniformly distributed, and that heavy oiling would likely be limited to a small proportion of affected shoreline. Northern
Gateway said that, compared to the Exxon Valdez oil spill, the simulation suggested that more dilbit would be distributed along a shorter length of shoreline.

Northern Gateway said that, due to the relatively sheltered conditions in Wright Sound, and in the absence of cleanup, most of the stranded oil would be weathered or dispersed into the marine environment within 3 to 5 years. It said that,
while weathering and dispersal could represent an important secondary source of hydrocarbon contamination of offshore or subtidal sediments, the weathered hydrocarbons themselves would have lower toxicity than fresh dilbit.

Northern Gateway assessed potential effects on key marine receptors including marine water quality, subtidal sediment quality, intertidal sediment
quality, plankton, fish, and a number of bird and mammal species. The company said that acute effects from monocyclic aromatic hydrocarbons such as benzene, toluene, ethylbenzene, and xylene may briefly occur in some areas. Acute effects from polycyclic aromatic hydrocarbons were not likely due to their low water solubility.
Northern Gateway said that chronic adverse effects on the subtidal benthic community were not predicted. After a large spill, consumption advisories for pelagic, bottom-dwelling and anadromous fish, and invertebrates from open
water areas and subtidal sediments would probably be less than 1 year in duration. Northern Gateway said that consumption advisories for intertidal communities and associated invertebrates, such as mussels, could persist for 3 to 5 years or longer in
some sheltered areas.

But dilbit is different from heavy crude

In response to questions from the Haisla Nation and the United Fishermen and Allied
Workers Union, Fisheries and Oceans Canada said that, although it had a great deal of information on conventional oils, the results of research conducted on the biological effects of conventional oil products may not be true for dilbit or unconventional products. Fisheries and Oceans Canada said that it was not in a
position to quantify the magnitude and duration of impacts to marine resources

The United Fishermen and Allied Workers Union said that, because there are so many variables, each spill is a unique event, and some results will be unknowable. It said that a spill the size of the Exxon Valdez incident would affect the entire ecosystem
in the project area, and that recovery to pre-spill conditions would be unlikely to ever occur. It said that a spill the size of the Exxon Valdez oil spill would likely have similar effects in the project area because marine resources in the project area are
similar to those in Prince William Sound. It argued that the cold, sheltered, waters of the Confined Channel Assessment Area would likely experience reduced natural dispersion and biodegradation of oil, leading to heavier oiling and longer recovery
times than seen in Prince William Sound and elsewhere.

The United Fishermen and Allied Workers Union said that patches of buried oil from the Exxon Valdez oil have been found on sand and gravel beaches overlain by boulders and cobbles. It said that effects from a tanker spill associated with the
Enbridge Northern Gateway Project would likely be more severe than the Exxon Valdez oil spill due to the more persistent nature of dilbit and the lack of
natural cleaning action in the sheltered waters of the Confined Channel Assessment Area.

The Gitxaala Nation’s experts said that large historical spill events are not necessarily good indicators of what will happen in the future. They
argued that each spill has unique circumstances and there is still significant uncertainty about the effects of major spills.
The Gitxaala Nation concluded Northern Gateway had failed to adequately consider the potential consequences on ecological values of interest to the Gitxaala.

Gitga’at First Nation said that a spill of dilbit greater than 5,000 cubic metres would result in significant, adverse, long-term, lethal, and sublethal effects
to marine organisms, and that effects would be particularly long-lasting on intertidal species and habitats. It also said that effects from a tanker spill associated with the project would probably be more severe than the Exxon Valdez oil spill, due to
the more persistent nature of dilbit and the lack of natural cleaning action in the sheltered waters

The JRP told how Nothern Gateway looked at the scientific evidence:

The company used a case study approach and reviewed the scientific literature for environments similar to the project area. The review examined 48 spills, including the Exxon Valdez oil spill in 1989, and 155 valued ecosystem components from  cold temperate and sub-arctic regions. Northern Gateway said that the scientific evidence is clear that, although oil spills have adverse effects on biophysical and human environments, ecosystems and their components recover with time.

Pacific herring, killer whales, and pink salmon were species that were extensively studied following the Exxon Valdez spill and were discussed by numerous participants in the Panel’s process.

As referred to by the Haisla Nation, Pacific herring are listed as “not recovering” by the Exxon Valdez Oil Spill Trustee Council. The Trustee Council said that, despite numerous studies to understand the effects of oil on herring, the causes constraining population recovery are not well understood.

Northern Gateway said that scientific evidence indicates that a combination of factors, including disease, nutrition, predation, and poor recruitment
appear to have contributed to the continued suppression of herring populations in Prince William Sound.

Northern Gateway said that 20 years of research on herring suggests that the Exxon Valdez oil spill is likely to have initially had localized effects on herring eggs and larvae, without causing effects at the population level. Northern Gateway said
that, even after 20 years, the effects of the spill on herring remain uncertain. It said that there has also been convergence amongst researchers that herring declines in the spill area cannot be connected to the spill.

Northern Gateway said that herring stocks along the entire coast of British
Columbia have been in overall decline for  years and that herring were shown to recover within 1 to 2 years following the Nestucca barge spill.

A Gitxaala Nation expert noted the uncertainty in interpreting the decline of herring following the Exxon Valdez oil spill and said that the debate is not likely to ever be settled.

The Living Oceans Society said that the Exxon Valdez Oil Spill Trustee Council reported that some killer whale groups suffered long-term damage from initial exposure to the spill. Northern Gateway’s expert said the research leads him to
conclude that the actual effects on killer whales of the Exxon Valdez spill are unknowable due to numerous confounding factors. He said that the
Exxon Valdez Oil Spill Trustee Council has not definitively said that killer whale mortalities can be attributed to the spill. A Government of Canada
expert said that the weight of evidence suggests that the mortality of killer whales was most likely related to the spill.

Northern Gateway said that mass mortality of marine fish following a spill is rare. In response to questions from the Haisla Nation, Northern Gateway said that fish have the ability to metabolize potentially toxic substances such as polycyclic aromatic hydrocarbons. It said that international experience with oil spills has demonstrated that fin fishery closures tend to be very short in duration.
Northern Gateway said that food safety programs for fin fish conducted following the Exxon Valdez spill and the Selendang Ayu spill in Alaska indicated
that the finfish were not affected by the spill and that the fish were found, through food safety testing programs, to be safe to eat.

The Haisla Nation referred to the Exxon Valdez Oil Spill Trustee Council report that discussed the complexities and uncertainties in the recovery status of pink salmon. It said that, by 1999, pink salmon were listed as recovered and that the
report noted that continuing exposure of embryos to lingering oil is negligible and unlikely to limit populations.

Northern Gateway said that the longterm effect of the spill on pink salmon survival is
best demonstrated by the success of adult returns following the spill. Northern Gateway said that, in the month following the spill, when there was still
free oil throughout Prince William Sound, hundreds of millions of natural and hatchery pink salmon fry migrated through the area. It argued that these fish would arguably be at greatest risk from spill-related effects but that the adult returns 2 years later were one of the highest populations ever. Northern Gateway said that sockeye and pink salmon appear to have been unaffected by the Exxon Valdez spill
over the long term.

In response to questions from the Council of the Haida Nation and the United Fishermen and Allied Workers Union, Northern Gateway said that effects
on species such as seaweed, crabs, and clams have been shown to be relatively short-term, with these species typically recovering within 2 years or less
following a spill, depending on circumstances.

Northern Gateway said that, based on the Exxon Valdez spill, the level of hydrocarbons dissolved or suspended in the water column would be expected
to be substantially lower than those for which potential toxic effects on crabs or fish may occur.

In response to questions from BC Nature and Nature Canada, Northern Gateway said that the Exxon Valdez oil spill indicates which species of birds are most susceptible to oiling. Seabirds are generally vulnerable to oil spills because many species spend large amounts of time at sea. Diving seabirds such as murres are particularly vulnerable to oiling because they spend most of their time on the surface, where oil is found, and tend to raft  together. Thus, these species often account for most of the bird mortality associated with oil spills.

More than 30,000 seabird carcasses, of which 74 per cent were murres, were recovered following the Exxon Valdez spill and it was initially estimated
that between 100,000 and 300,000 seabirds were killed. However, detailed surveys of breeding murres in 1991 indicated no overall difference from pre-spill levels confirming rapid recovery of this species.

Northern Gateway said that, although potential toxicological effects from oil spills on
birds have been well documented in laboratory studies, the ultimate measure of recovery potential is how quickly birds return to their natural abundance and reproductive performance. It said that recovery is often difficult to measure due to
significant natural variation in populations and the fact that the baseline is often disputed. It said that this can lead to misinterpretation of results depicting recovery.

At the request of Environment Canada, Northern Gateway filed two reports on the susceptibility of marine birds to oil and the acute and chronic effects of the Exxon Valdez oil spill on marine birds. Northern Gateway said that marine birds are
vulnerable to oil in several ways such as contact, direct or indirect ingestion, and loss of habitat.
It said that many marine bird populations appear to have recovered from the effects of the Exxon Valdez spill, but some species such as harlequin ducks and pigeon guillemots have not recovered, according to the Exxon Valdez Oil Spill Trustee
Council. It said these reports demonstrate that marine birds are susceptible to marine oil spills to varying degrees depending on the species, its life
history and habitat, and circumstances associated with the spill.
Northern Gateway concluded that:
• Marine, freshwater, and terrestrial environments recover from oil spills, with recovery time influenced by the environment, the valued ecosystem components of interest, and other factors such as spill volume and characteristics
of the oil. Depending on the species and circumstances, recovery can be quite rapid or it can range from 2 to 20 years. Other scientific reviews have indicated that recovery of marine environments from oil spills takes 2 to 10 years.
• Different marine ecosystem components recover at different rates. Recovery time can range from days or weeks in the case of water quality, to years or decades for sheltered, soft sediment marshes. Headlands and exposed rocky shores can take 1 to 4 years to recover.
• Little to no oil remained on the shoreline after 3 years for the vast majority of shoreline oiled following the Exxon Valdez spill,
• The Exxon Valdez Oil Spill Trustee Council concluded that, after 20 years, any remaining Exxon Valdez oil in subtidal sediment is no longer a concern, and that subtidal communities are very likely to have recovered.
• Because sheltered habitats have long recovery times, modern spill response gives high priority to preventing oil from entering marshes and other protected shoreline areas.
• Valued ecosystem components with short life spans can recover relatively rapidly, within days to a few years. Recovery is faster when there is an abundant supply of propagules close to the affected area. For example, drifting larvae from
un-oiled marine and freshwater habitats will rapidly repopulate nearby areas affected by a spill.
• Plankton recovery is typically very rapid.
• Seabed organisms such as filter feeders may be subject to acute effects for several years, depending on location, environmental conditions, and degree of oiling.
• Marine fisheries and other human harvesting activities appear to recover within about 2 to 5 years if the resource has recovered and has not been affected by factors other than the oil spill.
• Protracted litigation may delay resumption of fisheries and other harvesting.
• Local community involvement in spill response priorities and mitigation plans can reduce community impacts and speed recovery of
fisheries and harvesting activities.
• A long life span typically means a long recovery time, in the case of bird and mammal populations that can only recover by local reproduction rather
than by immigration from other areas.
• Fast moving rivers and streams tend to recover more quickly than slow flowing watercourses, due to dispersal of oil into the water column by turbulence, which can enhance dissolution, evaporation, and microbial degradation.
• Drinking water and other water uses can be affected by an oil spill for weeks to months. Drinking water advisories are usually issued. Groundwater use may be restricted for periods ranging from a few weeks to 2 years, depending on
the type of use.

• Groundwater can take years to decades to recover if oil reaches it. Groundwater does not appear to have been affected in the case of Enbridge’s Kalamazoo River spill, near Marshall, Michigan.

• Freshwater invertebrates appear to have recovered within 2 years in several cases.
• Freshwater fisheries may recover fully in as little as four years, with signs of partial recovery evident after only a few months. The ban on consumption of fish in the Kalamazoo River was to be lifted approximately two years following
the spill.
• Human activities are affected by factors such as cleanup activities, safety closures and harvesting bans. These typically persist for months to a few years.
• Appropriate cleanup can promote recovery, while inappropriate cleanup techniques can actually increase biophysical recovery time.
Modern spill response procedures carefully consider the most appropriate treatment for the oil type, level of contamination, and habitat type.
The Living Oceans Society noted the following in relation to potential recovery of the marine environment following a spill:
• Physical contamination and smothering are primary mechanisms that adversely affect marine life, particularly intertidal organisms.
• Birds and mammals suffer the greatest acute impact when exposed to oil at or near the water surface.
• Marine communities have variable resiliency to oil spills, from highly tolerant (plankton, kelp beds), to very intolerant (estuaries and sea otters). Impacts to communities and populations are very difficult to measure due
to lack of scientific methods to measure long term,sublethal, and chronic ecological impacts.
• As the return of the marine environment to the precise conditions that preceded the oil spill is unlikely, a measurement of spill recovery can be
based on a comparison of un-oiled sites with oiled sites of similar ecological characteristics.
• The Exxon Valdez oil spill killed many birds and sea otters. Population-level impacts to salmon, sea otters, harbour seals, and sea birds appear to have been low. Wildlife populations had recovered within their natural range of variability after 12 years.
• Intertidal habitats of Prince William Sound have shown surprisingly good recovery. Many shorelines that were heavily oiled and then cleaned appear much as they did before the spill. There is still residual buried oil on some beaches. Some mussel and clam beds have not fully recovered.
• The marine environment recovered with little intervention beyond initial cleaning. Natural flushing by waves and storms can be more effective than human intervention.
• Wildlife rescue and rehabilitation efforts had a marginal beneficial effect on the recovery of bird and mammal populations
• The impacted area of Prince William Sound had shown surprising resiliency and an ability to return to its natural state within the range of natural variability.
• The Exxon Valdez oil spill had significant and long-lasting effects on people and communities.

Questioning experts

The Panel posed a series of questions to experts representing Northern Gateway, federal government participants, and the Gitxaala First Nation regarding the potential recovery of marine ecosystems following a large oil spill.
Northern Gateway said that past marine spills have demonstrated that, over time, the environment will recover to a pre-spill state, and that most species fully recover. It said that species associated with the surface of the water tend to be most susceptible to oil spills, and that cleanup efforts can help direct and
accelerate natural restoration processes.
Federal government experts generally agreed with Northern Gateway’s responses, although they stressed that effects could be felt in areas other than the water surface, such as intertidal and subtidal zones. They said that it is difficult to define
and assess effects and recovery, depending on the species and availability of baseline information.
They said that most species may fully recover over time, and that the time frame for this recovery can be extremely variable depending on species and circumstances.
The Gitxaala Nation’s experts noted the potential for effects on species at the water surface and in intertidal areas, and noted exceptions to the notion that
the marine environment will naturally restore itself.
They said that full recovery can occur, depending on the circumstances, but is not guaranteed. They said that it is difficult to assess spill effects in the absence
of adequate baseline information.


Despite the quarter century of studies on the Exxon Valdez inicident, the paucity of studies prior to the spill mean that arguments will continue over “baseline information.”

Participants told the Panel that a lack of baseline information has often made it difficult to separate spill-related effects from those that were caused by natural variation or other causes not related to a spill.

Northern Gateway acknowledged the need for adequate baseline information. Parties such as Coastal First Nations, Raincoast Conservation Foundation, and the Gitxaala Nation said that Northern Gateway had provided insufficient baseline information to assess future spill-related effects. The Kitsumkalum First Nation asked how
spill-related effects on traditionally harvested foods could be assessed in the absence of baseline information.

The Haisla Nation noted the importance of collecting baseline data in the Kitimat River valley to compare with construction and spill-related impacts. The Haisla Nation submitted a report outlining important considerations for a baseline
monitoring program. One recommendation was that the program should engage stakeholders and be proponent-funded. In response to questions
from Northern Gateway, the Haisla Nation noted that a design along the lines of a before/after control/impact model would be appropriate.

In response to these comments, Northern Gateway noted its commitment to implement a Pipeline Environmental Effects Monitoring Program. Northern Gateway’s
proposed framework for the monitoring program indicates that a number of water column, sediment, and biological indicators would be monitored.
The Raincoast Conservation Foundation said that one of the principal lessons learned from the Exxon Valdez oil spill was the importance of collecting abundance and distribution data for non-commercial species. Because baseline information was
lacking, spill effects on coastal wildlife were difficult to determine. Environment Canada also noted the importance of adequate baseline information to
assess, for example, spill-related effects on marine birds.

Northern Gateway outlined the baseline measurements that it had already conducted as part of its environmental assessment. It also said that is
would implement a Marine Environmental Effects Monitoring Program. Northern Gateway said that the initial baseline data, plus ongoing monitoring,
would create a good baseline for environmental quality and the abundance, distribution, and diversity of marine biota. In the event of an oil spill
it would also help inform decisions about restoration endpoints.

Northern Gateway said that it would provide Aboriginal groups with the opportunity to undertake baseline harvesting studies. In response to questions from the United Fishermen and Allied Workers Union, Northern Gateway said that baseline information gathered through the environmental effects monitoring program would also be relevant to commercial harvest management and for assessing compensation claims in the event of a spill.
The Kitimat Valley Naturalists noted the ecological importance of the Kitimat River estuary.

The Joint Review Panel, in its conclusions and ruling, generally agreed with the energy industry that affects of a major oil spill would be temporary.

The Panel heard evidence and opinion regarding the value that the public and Aboriginal groups place on a healthy natural environment.

The Panel finds that it is not able to quantify how a spill could affect people’s values and perceptions.
The Panel finds that any large spill would have short-term negative effects on people’s values, perceptions and sense of wellbeing.

The Panel is of the view that implementation of appropriate mitigation and compensation following a spill would lessen these effects over time. The
Panel heard that protracted litigation can delay recovery of the human environment.

The Panel heard that appropriate engagement of communities in determining spill response priorities and developing community mitigation plans can also lessen effects on communities. Northern Gateway has committed to the development
of Community Response Plans
The Panel’s finding regarding ecosystem recovery following a large spill is based on extensive scientific evidence filed by many parties, including information on recovery of the environment from large past spill events such as the Exxon Valdez
oil spill. The Panel notes that different parties sometimes referred to the same studies on environmental recovery after oil spills, and drew different conclusions. In its consideration of natural recovery of the environment, the Panel focused
on effects that are more readily measurable such as population level impacts, harvest levels, or established environmental quality criteria such as
water and sediment quality criteria.
The Panel finds that the evidence indicates that ecosystems will recover over time after a spill and that the post-spill ecosystem will share functional attributes of the pre-spill one. Postspill ecosystems may not be identical to pre-spill ecosystems. Certain ecosystem components may continue to show effects, and residual oil
may remain in some locations. In certain unlikely circumstances, the Panel finds that a localized population or species could potentially be permanently affected by an oil spill. 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 Panel finds that Northern Gateway’s commitment to use human interventions,
including available spill response technologies, would mitigate spill impacts to ecosystems and assist in species recovery. Many parties expressed concerns about potential short-term and long-term spill effects on resources that they use or depend on, such as drinking water, clams, herring, seaweed, and fish. The weight of
evidence indicates that these resources recover relatively rapidly following a large oil spill.

For example, following the Selendang Ayu and Exxon Valdez spills in Alaska, fin fish were found, through food safety testing programs, to be safe to eat. Food safety closures for species such as mussels, urchins, and crabs were lifted within 1 to
2 years following the spills.
The actual time frame for recovery would depend on the circumstances of the spill. Until harvestable resources recover, various measures are typically put in place, such as compensation,harvest restrictions or closures, and provision of
alternative supply.
It is difficult to define recovery of the human environment because people’s perceptions and values are involved. This was made clear to the
Panel through oral statements and oral evidence.
The Panel finds that oil spills would cause disruptions in people’s lives, especially those people who depend on the marine environment for sustenance, commercial activities and other uses. The extent and magnitude of this disruption
would depend on the specific circumstances associated with the spill. The Panel views recovery of the socio-economic environment as the time when immediate impacts and interruption to people’s lives are no longer evident, and the
natural resources upon which people depend are available for use and consumption.
The Panel heard that assessing the potential recovery time of the environment is often complicated by challenges in separating background or unrelated events from spill-related effects. There can be natural variation in species populations,
and other natural and human-induced effects can also make it difficult to determine which impacts are spill-related and which are not.
The Panel notes that Northern Gateway has committed to collect baseline data and gather baseline information on harvest levels and values through initiatives such as its Environmental Effects Monitoring Program, Fisheries Liaison
Committee, and traditional harvest studies. The Panel finds that these commitments go beyond regulatory requirements and are necessary. This information would contribute to assessments of spill effects on resource harvesting values,
post-spill environmental recovery, and loss and liability determinations.
The Panel is of the view that it is not possible to predict a specific time in which overall recovery of the environment may occur. The time for recovery would depend on the type and volume of product spilled, environmental conditions,
the success of oil spill response and cleanup measures, and the extent of exposure of living and non-living components of the environment to the product spilled. Recovery of living and non-living components of the environment would
occur over different time frames ranging from weeks, to years, and in the extreme, decades.
Even within the same environmental component, recovery may occur over different time frames depending on local factors such as geographic location, the amount of oiling, success of cleanup, and amount of natural degradation.
Based on the physical and chemical characteristics described for the diluted bitumen to be shipped and the fate and transport modelling conducted, the Panel finds that stranded oil on shorelines would not be uniformly distributed on
shorelines and that heavy oiling would be limited to specific shoreline areas. The Panel accepts Northern Gateway’s prediction that spilled dilbit could persist longer in sheltered areas, resulting in longer consumption advisories for intertidal
communities and associated invertebrates than in more open areas.

Based on the scientific evidence, the Panel accepts the results of the
chronic risk assessment that predicted no significant risks to marine life due to oil deposition in the subtidal sediments.
For potential terrestrial and marine spills, the Panel does not view reversibility as a reasonable measure against which to predict ecosystem recovery. No ecosystem is static and it is unlikely that an ecosystem will return to exactly the same
state following any natural or human induced disruption. Based on the evidence and the Panel’s technical expertise, it has evaluated whether or not functioning ecosystems are likely to return after a spill. Requiring Northern Gateway to
collect baseline data would provide important information to compare ecosystem functions before and after any potential spill.

The Panel finds that Northern Gateway’s ecological and human health risk assessment models and techniques were conducted using conservative assumptions and state of the art models. Combined with information from past spill events, these assessments provided sufficient information to inform the Panel’s deliberation on
the extent and severity of potential environmental effects. The Panel finds that this knowledge was incorporated in Northern Gateway’s spill prevention strategies and spill preparedness and response planning. Although the ecological risk assessment
models used by Northern Gateway may not replicate all possible environmental conditions or effects, the spill simulations conducted by Northern Gateway provided a useful indication of the potential range of consequences of large oil spills in
complex natural environments.

Clio Bay reclamation postponed as new contractor takes over at KM LNG

Marine clay sign Robin Rowland photo
Sign explaining marine clay at the Chevron/ KMLNG Open House, in Kitimat, March 13, 2014. (Robin Rowland/Northwest Coast Energy News)

Studies on the Clio Bay reclamation project have been postponed until the fall while the new prime contractor takes over the Kitimat LNG project.

A spokesperson for Chevron said at the Kitimat LNG open house on Wednesday now that Irving , Texas-based Fluor Corp, in partnership with a joint-venture partner, Japan’s JGC Corp. has won the engineering, procurement and construction contract for the KM LNG project, it will take some time for the new company to be briefed on the Clio Bay project and then begin working with Stantec the environmental contractor on the project. That means that the reclamation project itself will now not likely proceed until spring of 2015.

In community meetings last fall, Chevron had said it expected the preliminary studies to be completed in January or February.

KM LNG, a partnership between Chevron and Apache Corp, took over the Riverlodge Recreation Centre for three days from February 2 to 4, to brief employees and contractors on the transition from KBR Inc., the original prime contractor which lost the bidding for the second stage of the contract to Flour.

KM LNG organized the open house mainly to show what is happening at the old Eurocan site, which is being converted to a work camp for the project.

The Clio Bay project, however, had a prominent place among the panels on display at Riverlodge. In the panels, Chevron says that up to 40 per cent of the Clio Bay bottom is covered with wood debris, at some points, as much as 10 metres deep, meaning a degraded habitat for dungeness crab and eel grass.

As was announced in the fall, Chevron, in partnership with the Haisla Nation, plan to take marine clay from Bish Cove and use it to cover the wood debris to create a new sea bottom. One panel said: “The new layer of marine clay is expected to be colonized by eel grass and by species such as worms, crustaceans, small fish and other sea life that will encourage a more plentiful, healthy ecosystem replacing the degraded ecosystem created by the decomposing wood debris that now covers the ocean floor.”

Chevron sees the project as an example that others could follow. Another panel notes: “Project proponents around the world are moving away from the old practice of dredging and disposing of marine clay. The Clio Bay restoration project would see marine clay used wisely to deliver benefits to the environment, community and culture.”

Work continues on the remediation of the old Eurocan mill site. Chevron and Apache are, in effect, spending millions of dollars to clean up the mess left behind when West Fraser abandoned the mill.

The company has to demolish the old mill and remediate contaminated areas. One of the big challenges is dealing with the old landfill site, which Chevron says has to be brought up to 21st century environmental standards. That includes adding an impermeable lining to the landfill and upgrading the leachate treatment systems.

Cleaning up the mess left by Eurocan will take about five years, according to one of the panels at the Open House. Chevron says that job will improve the environment, where they plan to build a work camp both in the short term and in the long term as work continues.