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Before the Hearings Panel UNDER THE Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (the Act) IN THE MATTER OF A Decision-making Committee appointed to consider a marine consent application by Chatham Rock Phosphate Limited to undertake mining of phosphorite nodules on the Chatham Rise STATEMENT OF EVIDENCE OF GRAEME ANDREW SYDNEY TAYLOR FOR THE CROWN 12 September 2014 CROWN LAW TE TARI TURE O TE KARAUNA PO Box 2858 WELLINGTON 6140 Tel: 04 472 1719 Fax: 04 473 3482 Counsel acting: Jeremy Prebble Email: [email protected] Telephone: 04 494 5545 Eleanor Jamieson Email: [email protected] Telephone: 04 496 1915 CONTENTS Page EXECUTIVE SUMMARY 3 INTRODUCTION 5 Qualifications and experience 5 Code of Conduct 5 Material considered 6 SCOPE OF EVIDENCE 7 THE IMPORTANCE OF THE CHATHAM RISE FOR 7 SEABIRDS Importance of the Chatham Rise to the critically 11 endangered Chatham Island taiko Importance of the Chatham Rise to the endangered 14 Chatham petrel THE POTENTIAL EFFECTS OF THIS APPLICATION 16 ON VARIOUS SEABIRDS Operational light attraction 16 Other possible effects of the mining operations 18 including ecosystem changes and oil spills CONDITIONS 20 REFERENCES 24 APPENDIX 1: Seabird species of the Chatham Rise 26 DOCDM-1462846 2 EXECUTIVE SUMMARY A. The Chatham Rise is the most productive ocean region in the New Zealand EEZ, due to the mixing of two major ocean current systems (the sub-tropical convergence). These productive waters provide one of the five key ocean habitats for seabirds in New Zealand. A definitive list of seabird species using this region is not available due to a lack of systematic seabird surveys. However, from my expert knowledge of foraging range and movements of seabird species, I consider it likely that 70 species use the Chatham Rise on a regular or occasional basis. This is almost 20% of the world’s 359 seabird species, making it one of the most diverse seabird assemblages on the planet. Seabirds visit the Chatham Rise from nearby colonies on the Chatham Islands and in Cook Strait. They also come from other regions in New Zealand, including the Hauraki Gulf, Kermadec Islands and subantarctic islands, as well as from seabird colonies as far away as the South Atlantic Ocean and Arctic Ocean. B. The Chatham Rise not only has a diverse seabird community, it is also unmatched in New Zealand by the sheer abundance of seabirds using this region. It is a significant foraging region for 37 species (species where at least thousands of individuals regularly occur on the Rise). Annually the Chatham Rise is crossed by 39 species on their migrations to non-breeding moult zones. For species such as sooty shearwater, fairy prion, common diving petrel, white-faced storm petrel and Buller’s shearwater, the total number of individuals foraging over the Chatham Rise or passing through on migration could exceed a million birds annually. C. The Chatham Rise is also used by some extremely rare and endangered seabirds that are endemic to New Zealand. These include the Chatham Island taiko (Magenta petrel) and Chatham petrel. Both these species breed nearby on the Chatham Islands and recent DOC tracking studies have shown that they forage occasionally over the proposed mining application area. The Chatham Island taiko is critically endangered, with just 20 known breeding pairs. Every individual bird in this species is crucial to preserving the population genetic diversity and some individuals are highly productive breeders and essential for sustained population recovery. D. Chatham Island taiko and Chatham petrel are known to be highly susceptible to light attraction. These two threatened species will be at some risk of light collision with the mining vessel unless a rigorous light mitigation plan is employed and DOCDM-1462846 3 followed throughout the course of the proposed mining operation. These species are most vulnerable to light attraction on dark nights before moonrise or after moonset, especially nights with fog or dense cloud cover between September and May. Recently fledged chicks of these species (which depart the nest in May) are more sensitive to light attraction than adults. E. Artificial lighting on the proposed mining vessel is considered the most significant potential threat to seabirds from the proposed mining operation on the Chatham Rise. As proposed in the application, the mining vessel is likely to be a very large and bulky vessel. Lights on the proposed mining vessel are likely to be attractive to a wide range of seabird species that routinely forage in this region, particularly in certain weather events (dense fog, heavy cloud and rain, dark nights with no moon). Species at most risk other than the two endangered seabirds mentioned in paragraphs C and D include storm petrels, prions, diving petrels and small shearwaters. F. Other potential risks from the proposed mining activity include changes to the marine ecosystem from dredging and return of ocean sediments. Changes that may affect seabirds include altered water turbidity levels and the possible impacts on vertically migrating marine organisms (species that stay at depth during the day and come to the surface to forage at night). Modelling indicates that the discharged sediment will only alter water turbidity below the depth that seabirds normally dive (70 m below the surface). However, many seabird species forage directly on vertically migrating prey species at night or indirectly by catching by day the larger marine species that eat these smaller species in the food web. Experts are still uncertain how vertically migrating species will be impacted by changes in water turbidity and higher levels of particulate matter in water near the seabed if the proposed mining activity goes ahead. G. Overall, I consider the effects of the proposed mining activities to be a moderate risk to seabird species. The two key concerns I have are the potential changes to the marine food web and impacts of vessel lighting. The risk and consequences of light attraction to the mining vessel is a serious threat for many smaller seabird species, especially the two endangered seabirds (Chatham Island taiko and Chatham petrel). If the application is approved, then a comprehensive range of lighting mitigation measures is needed for the mining vessel both during its design and build and its operation. Independent observer monitoring will be important to assess the effectiveness of all lighting mitigation measures. I recommend careful DOCDM-1462846 4 management including operational closures at night during very high risk periods in May or on nights throughout the year with dense fog/low cloud when the moon is below the horizon. Further, if the marine consent application is approved, then monitoring of vertically migrating marine organisms should be required to understand the nature and extent of any potential changes on the Chatham Rise food web and to assess how this may impact seabirds in the long-term. INTRODUCTION Qualifications and experience 1 My full name is Graeme Andrew Sydney Taylor. 2 I have a Master of Science degree in Zoology from Canterbury University (1985). I have 35 years experience in the field of ornithology and biodiversity management. 3 I am a Principal Science Advisor for the Department of Conservation (DOC) in the Science and Capability group. I have been employed by DOC since 1987. Prior to this I was employed as a field technician at Ecology Division, Department of Scientific and Industrial Research. I also worked as a field contractor for the New Zealand Wildlife Service. 4 My role in DOC has covered a wide range of responsibilities from animal pest management to endangered species research plus managing the national banding and marking office. I have been DOC’s leading seabird advisor for the past 20 years. I have worked on over 30 species of seabirds during that period, including leading the research to assist in the recovery of the critically endangered Chatham Island taiko and endangered Chatham petrel programmes. In the past 10 years my work programme has covered the tracking of 15 species of seabirds to assess annual movement patterns and marine habitat use. I have written or co-authored more than 100 scientific papers, books and book chapters plus many internal reports, mostly on seabird topics. Code of Conduct 5 I have read the Environment Court’s Code of Conduct for Expert Witnesses in the Environment Court Consolidated Practice Note (November 2011), and I agree to comply with it. My qualifications and experience as an expert are set out above. I confirm that the issues addressed in this brief of evidence are within my area of DOCDM-1462846 5 expertise. I have not omitted to consider material facts known to me that might alter or detract from the opinions expressed. Material considered 6 In preparing this evidence I have read and given consideration to: a. the Marine Consent Application (comprising the Environmental Impact Assessment (EIA), and Appendices 1-15iii, dated May 2014) (hereafter referred to as the application); b. Appendix 21 – Seabirds of the Chatham Rise (Thompson 2013); c. Appendix 22 – Ecosystem Modelling on the Chatham Rise (Pinkerton 2013); d. Review of technical reports relating to seabirds submitted as part of Chatham Rock Phosphate Ltd’s proposed mining operation on the Chatham Rise, dated 19 May 2014, prepared by Boffa Miskall Ltd; e. Chatham Rock Phosphate (CRP) ‘Response to request for further information requested by the EPA on the Chatham Rock Phosphate Ltd marine consent application’, dated 7 July 2014 and lodged on the Environmental Protection Authority (EPA) website under the heading “Further information – Response 1: Part 1-4”; f. Statements of Evidence of the following expert witnesses for CRP, all as lodged on the EPA website as at 29 August 2014: i. Dr David Thompson, in relation to seabirds; ii.
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