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
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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
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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
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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
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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. Dr Matt Pinkerton, in relation to trophic model;
iii. Ms Jamie Lescinski, in relation to oceanography and sediment modelling;
iv. Dr Jeremy Spearman, in relation to modelling peer review;
v. Ms Carmen Taylor, in relation to conditions and statutory compliance; and
g. EPA Staff Report, Chatham Rock Phosphate Marine Consent Application, August 2014.
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SCOPE OF EVIDENCE
7 In this evidence I address:
a. the importance of the Chatham Rise for seabirds;
b. an evaluation of the potential effects of this application on various seabirds; and
c. consideration of possible conditions if the application is to be approved.
THE IMPORTANCE OF THE CHATHAM RISE FOR SEABIRDS
8 The Chatham Rise and nearby Chatham Islands are considered one of the five major centres for seabird biodiversity in New Zealand based on a synthesis of recent seabird tracking studies (Forest and Bird 2014, DOC seabird tracking datasets) and my knowledge of New Zealand seabird colonies. The other high diversity regions are the Kermadec Islands, Hauraki Gulf, Kaikoura to Canterbury coastal region and New Zealand subantarctic islands. The Chatham Rise is an internationally important region for seabirds because of the year-round presence of substantial numbers of endemic seabird species (only breed in New Zealand), including some of the world’s rarest bird species (e.g., Chatham Island taiko). The Chatham Rise is used by the majority of New Zealand breeding seabird species (Thompson 2013).
9 The seabird community of the Chatham Rise is attracted to this highly productive region from New Zealand breeding colonies situated north of the Rise including the Hauraki Gulf and Bay of Plenty, as well as islands in Cook Strait. Birds also come from the large diverse populations of seabirds breeding at Chatham Islands as well as those breeding on New Zealand’s subantarctic islands. In addition, 14 species visit the Chatham Rise from breeding sites well beyond New Zealand (e.g., South Atlantic Ocean, Indian Ocean and Arctic Ocean). The species mix is rich in albatross, petrel and shearwater species, many of which are endemic to New Zealand.
10 The Chatham Rise supports a highly diverse seabird community due to the mixing of warm currents of sub-tropical origin and colder water flowing from the subantarctic region. The relatively shallow continental shelf in this region promotes current upwellings and a mixing of nutrients which enhances primary productivity. The Chatham Rise is considered the most productive large region in
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the offshore New Zealand EEZ (Pinkerton 2014). The combination of high seabird diversity and rich oceanic mixing of currents makes the Chatham Rise a hotspot for global seabird diversity. The 70 species/subspecies listed in Appendix 1 comprise almost 20% of the world’s 359 seabird species (Forest and Bird 2014).
11 This seabird list given here in Appendix 1 differs from that presented in evidence by Dr Thompson (2014) mainly by the inclusion of the 14 seabird species that breed in other countries but visit New Zealand seas, including the Chatham Rise. In addition, Thompson (2014) did not consider some species that in my opinion are very likely to use the Chatham Rise, based on their known presence on nearby land masses (e.g., seabirds reported in the New Zealand Beach Patrol Scheme database).
12 The Chatham Rise is the best-studied offshore marine area of New Zealand but, like most of the deep-sea, its ecology is not as well understood as terrestrial and coastal systems (Pinkerton 2014). I agree with Thompson (2013, 2014) that systematic surveys of seabirds in this region have not been completed. Therefore, our knowledge of the seabirds likely to be using this region come more from seabird-borne tracking devices, presence of seabirds occurring on nearby land masses, and occasional ship-board observations in the region.
13 Based on my current tracking studies and a review of the available literature, I consider that the Chatham Rise is a key foraging site for 37 seabird species (defined as those species listed in Appendix 1 where at least ‘thousands’ of individuals use the Chatham Rise). Thompson (2013, 2014) also provides details about the population sizes and current threat status of seabirds using the Chatham Rise. My evidence presents additional information about these seabirds based on recent unpublished DOC tracking studies. It also includes information from seabird species that do not breed in New Zealand but regularly visit our EEZ, a group not considered by Thompson (2013, 2014).
14 The seabird community on the Chatham Rise is subject to large extremes in both numbers and diversity of seabirds using this area depending on the annual cycles of each species. For example, 39 of the seabird species listed in Appendix 1 are known or likely to migrate through the Chatham Rise annually en route to their non-breeding range. The size of some of these migratory populations is extremely large (e.g., an estimated 20 million sooty shearwaters occur in New Zealand) and
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many of these individuals will migrate through the Chatham Rise heading north in autumn or south during their return in spring (Shaffer et al. 2006).
15 The total numbers of seabirds regularly using the Chatham Rise is not easy to estimate as it depends on where each species concentrates its foraging activities. The total figure is likely to be in excess of 5 million seabirds based on the known size of breeding populations (Thompson 2014). This includes more than 1-2 million individuals of white-faced storm petrel breeding nearby on the Chatham Islands. The largest breeding colony of this species in the world occurs on Rangatira Island, with 840,000 breeding pairs estimated in 1989 (West and Nilsson 1994). This species has a high vulnerability to light attraction.
16 Recent DOC tracking studies (carried out between March 2011 and February 2013) now show that Buller’s shearwaters from the Hauraki Gulf (world population of 1- 2 million birds which breed only on the Poor Knights Islands) forage over and south of the Chatham Rise between October and March each year. A representative track from one bird (Figure 1) shows that this bird foraged in the Hauraki Gulf region but also flew south to forage off the east coast of the North Island, over the Chatham Rise and south to the Bounty Trough. Preliminary analysis of other birds in this study (n=30 birds) shows similar foraging behaviour. These birds spent up to two weeks on these southern trips feeding mainly over the Chatham Rise and Bounty Trough before heading north again to incubate eggs or feed their chicks.
17 Grey-faced petrels (national population up to 1 million birds) breed in northern New Zealand, but regularly forage over the Chatham Rise. MacLeod et al. (2008) used satellite tracking of birds from the large colonies on the Aldermen Islands (Bay of Plenty) to assess foraging ranges in 2006 and 2007. Their study showed that grey-faced petrels from this region used a Chatham “hotspot” centred on the Chatham Rise, with very high use during the incubation period from July to August. In addition, hundreds of thousands of other seabirds from the Chatham Islands (e.g., Chatham albatross, northern Buller’s albatross, fairy prion, broad- billed prion, and grey-backed storm petrel) are known or likely to use this area. Similarly, very large populations of fairy prions (e.g., a million pairs breed on Stephens Island), fluttering shearwaters and diving petrels from the Cook Strait region also make regular use of the Chatham Rise. Thousands of seabirds (mainly albatross and petrels) come north from the subantarctic islands to make regular use
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of this area, including Salvin’s albatross, Campbell albatross, Antipodean albatross, grey petrels and white-chinned petrels.
Figure 1: Movements of a typical Buller’s shearwater during the breeding season showing extensive use of the Chatham Rise.
18 The Chatham Rise is also used by two endangered seabird species. Details about these birds and the risks presented by the proposed Chatham Rock Phosphate mining application are discussed below.
Importance of the Chatham Rise to the critically endangered Chatham Island taiko
19 The Chatham Island taiko (Figure 2) (also known as the Magenta petrel) is a medium size (450 g) very rare endemic seabird that breeds only on main Chatham Island. It is one of the rarest seabirds in the world (NZ conservation status of nationally critical and IUCN Red List Threat Classification of critically endangered). The species total population is estimated to be no more than 150- 200 birds and the known breeding population is just 20 pairs.
20 The taiko is mainly threatened by introduced species such as feral cats, rats, pigs and possums. An intensive recovery operation by Department of Conservation and Chatham Island Taiko Trust has begun to make progress in establishing safe nesting sites for this species and building numbers through intensive pest control. The taiko population has increased from just three known pairs in 1987 up to 20 known breeding pairs in 2013 as a result of intensive management. A secure predator-proof fence was built in 2006 around a hilltop near the coast.
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Translocation of taiko chicks to this site has now resulted in 14 birds returning to the new site and two pairs bred there for the first time in 2013/14.
Figure 2: The critically endangered Chatham Island taiko at its burrow entrance.
21 Chatham Island taiko are highly sensitive to light sources and a light capture technique has been used for three decades to draw down individual birds from flight (Figure 3) and attach transmitters to the birds to assist in locating the highly dispersed nests (Imber et al. 2005). Dark nights (no moon) and foggy conditions are the best nights for light capture of taiko. This susceptibility to light attraction is seen as a risk for the species at sea when birds fly past brightly lit ships.
Figure 3: Upward directed floodlight used at night to lure Chatham Island taiko to ground for capture.
22 From 2008-2012, DOC staff have attached miniature archival tracking tags (geolocaters) to 36 different Chatham Island taiko to assess their movements at sea. Data for 15 of these birds have been analysed and the flight paths near the
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Chatham Islands are summarised below (Figure 4). The birds mainly forage east and south-east of the Chatham Islands or south-west towards the Bounty Trough. However, some of these birds also use the Chatham Rise, especially during the chick rearing period. Figure 6 illustrates the flight path of a breeding male from burrow S18. The area this bird uses would overlap on occasions with the revised mining application zone.
Figure 4: Flight paths used by 15 Chatham Island taiko during the breeding season.
Figure 5: Flight path of breeding male from burrow Southern 18 showing some overlap with the mining application area.
23 Chatham Island taiko are so rare that each individual is now critical to the long- term survival of this population. Population genetic research carried out by Hayley Lawrence as part of her PhD studies has shown that genetic variablity is still high in taiko with 21 haplotypes (or family lineages) still present (Lawrence et al. 2008a). However, much of the diversity in the population is confined to a very small number of individuals (for 60% of the haplotypes, DOCDM-1462846 12 this genetic lineage) and, in some instances, just a single bird holds a unique haplotype. Therefore, the loss of just one bird could irreversibly remove about 5% of the future genetic diversity in this population unless this bird had successfully bred and had offspring return to the population. 24 Breeding pairs of taiko also have delivered unequal levels of breeding success over the years. Several pairs in the population have been highly productive and their offspring are now returning to founder the next generation. The S19 breeding pair for example are responsible directly or indirectly (2nd generation offspring) for seven of the current 20 known breeding pairs of taiko. The loss of just one of these high performing birds would have had dramatic effects on the recovery potential of this species. 25 Chatham Island taiko breed in highly dispersed nest sites in forest of southern Chatham Island and have struggled to attract partners to these remote burrow locations (Lawrence et al. 2008b). We know of three male taiko that have not managed to pair up in more than 12 years and many others have taken up to five years to locate a new partner. The birds continue to nest with the same partner year after year in the same burrow unless they lose their mate. The loss of a successful breeding bird can therefore impact significantly on population fecundity and recovery rates through the delays in forming new pair bonds. 26 A key risk period for Chatham Island taiko occurs in May each year. This is the time when the few chicks reared each season depart to sea. We have no information about the movements of this age group of taiko but, due to their reduced flight powers, it is expected that the birds will be susceptible to being blown downwind for the first few days or week of their life. Satellite tracking of Antipodean albatross chicks showed that the fledglings flew downwind for the first few days after departure before moving northwards (Kath Walker and Graeme Elliott, unpublished tracking data). Strong winds from the east or south-east direction would therefore be expected to push recently fledged taiko chicks towards and over the proposed mining application area. 27 Fledglings of nocturnally active seabirds are at higher risk of light attraction than adults. Examples I have observed include fledglings of white-headed petrels from the subantarctic islands being found under street lights on Chatham Island in May in some years and the same species attracted to the Meteorological Base on Campbell Island in May 1984. Hutton’s shearwater fledglings (which breed in the Seaward Kaikoura Ranges) land on the streets of Kaikoura in March and April each DOCDM-1462846 13 year in large numbers (http://nzbirdsonline.org.nz/species/huttons-shearwater). Fledglings of this species also used to land on the decks of the inter-island ferries at night when these ships travelled from Lyttelton to Wellington in the 1960s and 1970s. 28 Fledglings of Newell’s shearwaters are attracted to street lights on the island of Kauai (Hawaiian group). The risk from light attraction for fledgling seabirds is quite significant. This quote from the US Fish and Wildlife Service website (http://www.fws.gov/pacificislands/fauna/newellsshearwater.html) explains the scale of the problem: “A second threat to the ‘a‘o is its attraction to light. Increasing urbanization and the accompanying manmade lighting have resulted in substantial problems for fledgling shearwaters during their first flight to the ocean from their nesting grounds. When attracted to manmade lights, fledglings become confused and often fly into utility wires, poles, trees, and buildings and fall to the ground. Between 1978 and 2007, more than 30,000 Newell’s shearwaters were picked up by island residents from Kaua‘i’s highways, athletic fields, and hotel grounds”. Importance of the Chatham Rise to the endangered Chatham petrel 29 The Chatham petrel (Figure 6) is a small (200 g) endemic seabird that breeds only on the Chatham Islands, mainly on Rangatira Island but recently two further small populations have been established through translocations of chicks (Miskelly et al. 2009). The species has recovered from just 400 birds in the early 1990s to a population estimate today of about 1500 birds. It is listed on the IUCN Red list Threat Classification as Endangered. DOC has invested a large amount of resources in recovering this species over the past 20-25 years, mainly through management of land-based threats. Figure 6: Chatham petrels breed mainly on Rangatira Island (Chatham Island group). DOCDM-1462846 14 30 Chatham petrels are a light sensitive species and spotlighting at night is used as a method to monitor the population. The birds drop rapidly to ground once a bright light is shone at the birds on dark moonless nights. Chatham petrels would be vulnerable to light attraction by brightly lit ships at sea. The birds feed mainly south or south-east of the Chatham Islands, although the foraging range reduces closer to the Chatham Islands during the chick rearing period (Rayner et al. 2012). Chatham petrels sometimes forage over the Chatham Rise and their annual movements are likely to overlap with the mining application area (Figure 7). While the reduced mining area now sought by the applicant will lessen the risk to Chatham petrels by shifting the proposed mining activity further west, there will still be overlap with the foraging range of this species. 31 A key risk period for Chatham petrels from light attraction will be in May each year. This is the month that the majority of chicks fledge from the nest. As for the Chatham Island taiko, the young Chatham petrels are not yet efficient fliers and will be highly vulnerable to being blown downwind on their first few days at sea. The main breeding colony on Rangatira Island is due south of Chatham Island. Therefore, winds from an easterly or south-east direction during May will greatly increase the chance of Chatham petrel fledglings passing through the mining application area. Figure 7: Distribution of Chatham petrels in different stages of annual cycle (from Rayner et al. 2012). The bottom left figure shows the core distribution (90% of positions) during the chick rearing period. DOCDM-1462846 15 THE POTENTIAL EFFECTS OF THIS APPLICATION ON VARIOUS SEABIRDS Operational light attraction 32 The issue of light attraction to the mining vessel during night-time mining operations is considered one of the highest risks to seabirds as part of the proposed CRP operation. Seabird species react differently to light sources at night. Some seabird groups are nocturnal feeders or strictly nocturnal during their visits to colonies. These species are more at risk from light attraction issues than species that feed only by day and/or roost at colonies overnight. The most sensitive species to light attraction are gadfly petrels (members of Pterodroma genus), storm petrels, diving petrels, prions and some smaller shearwater species (based on my observations of seabird groups attracted to light sources on land during 25+ years of light capture projects) (see Appendix 1). 33 Light sources are of greatest risk to seabirds on moonless nights or during the hours of darkness when the moon is below the horizon. The period a week either side of new moon is the main risk period each month. Clear starlit nights are less risky as seabirds can orientate their movements more easily in these conditions. Dense fog, heavy cloud and rain at night all greatly increase the risk of seabirds colliding with vessels or being attracted to light sources on vessels. A number of published observations of seabirds attracted to vessels at night support these comments (e.g., Ryan 1991, Black 2005). 34 Seabirds attracted to the vessel at night can be injured or killed directly through hard collision with the superstructure or by hitting wires and cables. Birds can also be injured through exposure to oil, grease and other solvents present on the vessel’s surface. These chemicals can damage feathers and result in a loss of water- proofing and death through hypothermia if the bird makes it back to sea. Depending on the vessel design, some seabirds can also become trapped onboard and unable to fly off the deck due to their high wing loading. They need a clear run, drop in height or strong breeze to gain flight speed. 35 Light attraction is used by DOC during seabird research projects on offshore islands to capture and identify birds and to place tags on birds. Birds are lured into bright light sources either passively or actively using hand-held spotlights. Light attraction may be a result of a natural confusion by seabirds related to nocturnal navigation behaviour using the moon or stars, or is part of a natural attraction to DOCDM-1462846 16 nocturnal light sources such as bioluminescent prey species. Radio-tracking at night of the Chatham Island taiko has shown that birds will fly from more than a kilometre away to pass directly overhead of upward directed floodlights and some individual birds will circle repeatedly over the lights site for more than an hour on foggy nights. Bright lights in an otherwise dark setting seem to mesmerise and disorientate the birds, either by disrupting their nocturnal vision or making it harder for the birds to locate normal navigational aids such as landscape features or star patterns. Bright upward directed light sources are the most problematic but lights that are directed horizontally can also cause problems. 36 Fishing vessels also can present a light hazard to seabirds and birds are known to be attracted onto the decks of boats at night. Fishing vessels in motion at sea with waves washing over the decks and along the sides may make it easier for birds to get back to sea if they land on the vessel. The intensity of light sources on various types of vessels is also likely to differ depending on the activities on these fishing ships. Squid jiggers, for example, use very bright lights for squid capture but these are directed downwards to attract squid up to the surface. Offshore fishing vessels operating on the Chatham Rise (mainly trawlers and bottom longliners) are typically 40 m in length and relatively low to the water. The largest vessels are up to 105 m in length (Kris Ramm pers. comm., DOC Fisheries Observer Programme). By contrast, the proposed mining vessel is expected to be five times the size of the average fishing vessel and much higher off the water. There may be substantial differences in the amount of light generated and the distance that light will be seen by seabirds. 37 Fisheries observer data are available to assess the effects of light attraction on seabirds attracted to fishing vessels. Dr Thompson (2014) provides some examples in his evidence of bird species that died on fishing vessels after being attracted to lights. Observers on vessels provide an objective means of identifying the risk to seabirds from light attraction. Normally, work crew are busy with operational activities and don’t notice seabirds. Independent observers are essential to record the incidence of deck strike. Note, however, that only those seabirds found on decks by observers or crew are counted in these fishery observer reports. Birds that hit the ship and then go overboard immediately, or those that land onboard and successfully depart during the night will not be included in these figures. Some dead or injured birds are also likely to be washed off the decks in stormy weather before being found by observers. DOCDM-1462846 17 38 The proposed mining operation on the Chatham Rise is expected to be a 24/7 operation run over 4-5 day intervals. This means that vessel lights will be operating throughout the night and I expect that lights will be needed to illuminate the work zones. The size of the mining vessel is likely to be similar to other existing large dredging vessels (e.g., 210-230 m long and 30-40 m wide) (refer to Page 37 of the EIA). A lighting plan for any vessel used in the proposed mining operation will need to meet conditions that mitigate the impact on nocturnally active seabirds. These conditions are discussed below. Other possible effects of the mining operations including ecosystem changes and oil spills 39 A potential ecosystem related risk to seabirds from the proposed CRP mining operation concerns the effects of the discharge of the ocean floor sediments back into the water column after the phosphate is extracted. The applicant has proposed discharging a liquid slurry of sediment back through a funnel and pipe to close to the seafloor. I have reviewed the evidence related to sediment plume modelling from the applicant (Lescinski 2014) and the peer review of this study (Spearman 2014). Their evidence indicates that the sediment plume will largely remain near the seafloor. 40 One area of uncertainty I have with the sediment plume modelling is whether or not ocean eddies (spinning columns of water that can extend from the sea surface to the seabed and are common on the Chatham Rise) (see paragraphs 54-56 in Lescinski 2014) have the potential to carry finer sediments from the mining discharge zone higher up into the water column. I could not find any explicit statement in the evidence about whether or not meso-scale eddies have the potential to shift suspended sediments vertically and therefore have the potential to alter turbidity levels higher up in the water column. Provided sediments remain in the lower half of the water column there should be no direct risk to seabirds of reduced foraging visibility when diving. 41 The Pinkerton (2013) trophic model is based on the best available information but has acknowledged limitations. Dr Pinkerton (2014) states “It is important to note that the model is not dynamic and does not represent changes to the food-web over time. The model merely provides a large-scale overview of the structure of the Chatham Rise food-web at the present time. As such, the model cannot be used to estimate the effects on the ecosystem caused by mining. Although much information is available on the Chatham Rise food-web, there is a lack of information on the type of control affecting the abundance of organisms i.e. to what extent is the DOCDM-1462846 18 biomass of a given organism dependent on factors including: (a) the availability of its food; (b) how many predators it has; and (c) non-trophic factors such as habitat availability or breeding success” (Paragraph 6). 42 Pinkerton (2013, 2014) demonstrates in his trophic model that phytoplankton is the primary trophic driver of marine productivity on the Chatham Rise. Phytoplankton is confined to the mixed layers near the surface (30 m in summer and 150 m in winter). Provided mining sediment levels stay below this depth, it will not affect phytoplankton production. I agree with Pinkerton’s evidence (2014) that those marine species that stay entirely in the upper half of the water column on the Chatham Rise are unlikely to be affected directly by the proposed mining. In my opinion, there is still uncertainty over whether or not species that occur in both the lower and upper sections of the water column will be impacted by the proposed mining activities. All seabird species foraging over the Chatham Rise feed on prey items within 70 m of the ocean surface (the depth that sooty shearwaters are known to dive – see Shaffer et al. 2006). Diel vertical migration (animal movement from deepwater to closer to the surface at night) occurs for many marine organisms, especially in the following groups: demersal fishes, hoki, arthropods (prawns and shrimps), mesozooplankton, macrozooplankton and benthic macrofauna (Pinkerton 2014). Mesopelagic fish, (mainly bioluminescent species) are important in the diet of nocturnally active petrels (Imber 1973). These fish feed on meso- and macrozooplankton, including copepods and euphausiids and probably on other organisms such as soft-bodied zooplankton, juvenile fish and fish eggs. They may also feed on some macrobenthic species. Schools and layers of mesopelagic fish typically occur at 100 to 500 m depth during the day, and migrate from these depths to the upper 200 m at night (O’Driscoll et al. 2009). 43 Given the size (three blocks of 10 km2 per annum, i.e., 3000 ha) and timescale (up to 35 years) of the proposed mining operation on the Chatham Rise, there are potential long-term risks to seabirds from changes that might occur in the food chain. Vertically migrating species not only provide food for nocturnally active seabirds but they also provide food for pelagic species higher up the food chain (such as squid and fish), that are in turn consumed by diurnally active seabirds. Dr Pinkerton (2014) states in paragraph 62 of his evidence that “I agree that hyperbenthic invertebrates (including some species of copepods, amphipods, isopods, decapods, polychaetes and other groups) are likely to come into contact with, and may be affected by, elevated concentrations of suspended sediment near the seabed in some parts of the Chatham Rise. I agree that changes to the abundances of hyperbenthic invertebrates may affect their predators.” In my DOCDM-1462846 19 opinion, the possible disruptions from the proposed seabed mining activities to the diversity or abundance of vertically migrating marine species has the potential to affect food availability for seabirds foraging over the proposed Chatham Rise mining area or beyond, depending on the extent of sediment plume dispersion. Monitoring of impacts on the food web should be considered if the marine consent is approved. 44 The potential risk of any oil spill coming from the mining operation is similar to that of other ships using the Chatham Rise. However, the large size of the mining vessel (likely to be 210-230 m long), the amount of oil that might be onboard and the duration of the proposed mining operation means that if any maritime accident were to occur, it could potentially lead to a very significant number of seabird deaths. The MV Rena oil spill resulted in thousands of seabird deaths and the Chatham Rise has a much greater concentration and diversity of seabirds than occurs in the coastal Bay of Plenty. Containing any oil spill in this ocean environment would be highly unlikely due to ocean currents and swells. If approved, the mining operation will need to ensure that vessel design and the operational activities planned minimise any risk of oil spills from the vessel. CONDITIONS 45 Management of vessel lighting: If the mining application is approved then Thompson (2013, 2014) lists a number of techniques to mitigate seabird attraction to lights. I agree that these options should all be considered in a vessel lighting management plan (the VLMP) for the mining operation. The key elements of such a plan should be designed around reducing the overall light intensity on the vessel so it reduces the range that seabirds are attracted to the vessel and is designed in a way to prevent seabirds becoming confused or mesmerised by the light. The plan should include: a. reduce all unnecessary deck and cabin lighting, cover accommodation windows at night with blinds or curtains; b. where possible, orientate all deck lights so they shine only downwards and shield them to prevent upward or horizontal light projection; c. use light dimmers and timers to minimise lighting in areas where people are not constantly active; DOCDM-1462846 20 d. trial different light colour options such as green coloured lights in operational areas to reduce overall light intensity levels on the vessel; e. investigate the use of LED floodlights with computer controlled light levels, colours and timers; and f. one obvious solution is to time the return trips to port to always cover the new moon period each month. The six-day operational turnaround period would limit the risk to seabirds with no loss of production time. The VLMP will need to be prepared by a suitably qualified person and reviewed by seabird experts. Wherever possible, improvements to lighting as recommended in the VLMP need to be incorporated at the time the vessel is designed and built or modified for the mining operation. 46 Observers: If the mining application is approved then a requirement should be to have fully trained and independent observers onboard the vessel to record and report on the presence and numbers of different seabird species attracted to the vessel during both day and night. A key task of the observers is to record and report on any seabirds found on the vessel (dead or alive). The procedures and recording requirements for observers should be consistent with those used by fisheries observers. Observers should be mandatory on all trips for the first year of mining operations. Thereafter, they should be deployed on trips at three-monthly intervals to assess inter-annual variation in light attraction risk and to monitor changes to seabird populations in the mining region. 47 Reporting requirements: Observer reports should be prepared quarterly and provided to DOC, NIWA and other agencies requesting information on the effectiveness of the VLMP. Information required includes date, time, midday and midnight vessel position, different environmental conditions (weather, moonlight levels, sea swell height), species observed and estimates of numbers (10 minute counts per hour during day, estimates of maximum numbers seen at night). All seabirds found dead on the ship should be photographed and specimens kept in plastic bags labelled by date and ID number and stored in the vessel freezer until returned to port. A daily log of seabirds found and collected on the vessel should be analysed to assess rates of birds found when observers are present compared with other operational periods. All seabirds should be identified by a recognised seabird necropsy programme similar to that used by the fishing industry observer programme. DOCDM-1462846 21 48 In the event one of the following seabirds is injured in a deck strike, DOC should be contacted immediately for advice: a. Chatham Island taiko (Pterodoma magentae); and b. Chatham petrel (Pterodroma axillaris). If the species listed above are found killed in a deck strike, DOC seabird contacts should be informed immediately and the corpse of the bird returned to DOC when the vessel is next in port. 49 Operational suspensions: If the application is approved then a condition should be to suspend night operations during a peak risk period for the two endangered seabirds (Chatham Island taiko and Chatham petrel). This key risk period is May when the chicks fledge. Night operations should be suspended between the last quarter moon and first quarter moon (new moon period) during this month. Only lighting essential for vessel navigation (compliant with Maritime Safety Authority rules) and for crew health and safety should be used in this period. In other months, night operations should cease when the highest risk weather conditions occur (likely to be when dense fog is present and the moon is below the horizon). An adaptive management plan based around the seabird observer data collected on the vessel can be used to inform and refine these criteria. 50 Other operational concerns: During operations of the seafloor pump and during washing of sediments on the deck, ensure that the vessel design is such that sediments are well contained on the deck and are not able to be washed or flushed over the sides of the ship during heavy seas. 51 Monitoring: If the application is approved then a monitoring programme is needed to determine the effects of the proposed mining activities on diel vertically migrating organisms. Monitoring is needed of vertically migrating species to assess abundance and diversity before and after mining activities in the operational area and in nearby non-treatment areas to determine if any significant changes have occurred, and to model the potential impacts of any food web changes on seabird populations. Dated: 12 September 2014 ______Graeme Taylor DOCDM-1462846 22 REFERENCES Black, A. (2005). Light induced seabird mortality on vessels operating in the Southern Ocean: incidents and mitigation measures. Antarctic Science 17: 67-68. Forest and Bird (2014). New Zealand Seabirds: Important Bird Areas and Conservation. The Royal Forest and Bird Protection Society of New Zealand, Wellington, New Zealand. 72 pp. Imber, M. J. 1973. The food of grey-faced petrels (Pterodroma macroptera gouldi (Hutton)), with special reference to diurnal vertical migration of their prey. Journal of Animal Ecology 42: 645-662. Imber, M.J.; Taylor, G.A.; Tennyson, A.J.D; Aikman, H.A.; Scofield, R.P.; Ballantyne, J.; Crockett, D.E. 2005. Non-breeding behaviour of Magenta Petrels Pterodroma magentae at Chatham Island, New Zealand. Ibis 147: 758-763. Lawrence, H.A.; Taylor, G.A.; Millar, C.D.; Lambert, D.M. 2008a. High mitochondrial and nuclear genetic diversity in one of the world’s most endangered seabirds, the Chatham Island Taiko (Pterodroma magentae). Conservation Genetics 9: 1293-1301. Lawrence, H.A.; Millar, C.D.; Taylor, G.A.; Macdonald, L.D.; Lambert, D.M. 2008b. Excess of unpaired males in one of the world's most endangered seabirds, the Chatham Island taiko Pterodroma magentae. Journal of Avian Biology: 39: 359-363. Lescinski, J. 2014. Statement of evidence of Jamie Lescinski for Chatham Rock Phosphate - Oceanography and sediment modelling. (http://www.epa.govt.nz/EEZ/chatham_rock_phosphate/evidence/Pages/Applicants_ev idence.aspx) MacLeod, C.J., Adams, J., Lyver, P. 2008. At-sea distribution of satellite-tracked grey-faced petrels, Pterodroma macroptera gouldi, captured on the Ruamaahua (Aldermen) Islands, New Zealand. Papers and Proceedings of the Royal Society of Tasmania 142: 73-88. Miskelly, C.M., Taylor, G.A., Gummer, H., Williams, R., 2009. Translocations of eight species of burrow-nesting seabirds (genera Pterodroma, Pelecanoides, Pachyptila and Puffinus: Family Procellariidae). Biological Conservation 142: 1965–1980. O’Driscoll RL, Gauthier S, Devine J 2009. Acoustic surveys of mesopelagic fish: as clear as day and night? ICES Journal of Marine Science 66: 1310-1317. DOCDM-1462846 23 Pinkerton, M.H. 2013. Appendix 22, as summarised in the Application - Environmental Impact Assessment [http://www.epa.govt.nz/eez/EEZ000006/EEZ000006_CRP_Marine_Consent_Applicati on_EIA.pdf Pinkerton, M. 2014. Statement of evidence of Dr Matt Pinkerton for Chatham Rock Phosphate – Trophic model. (http://www.epa.govt.nz/EEZ/chatham_rock_phosphate/evidence/Pages/Applicants_ev idence.aspx) Rayner, M.J.; Taylor, G.A.; Gummer, H.D.; Phillips, R.A. 2012. Chatham petrel (Pterodroma axillaris): breeding phenology, at-sea movements and behaviour. Emu 112: 107-116. Ryan, P.G. 1991. The impact of the commercial lobster fishery on seabirds at the Tristan da Cunha islands, South Atlantic. Biological Conservation 57: 339–350. Shaffer, S.A.; Tremblay, Y.; Weimerskirch, H.; Scott, D.; Thompson, D.R.; Sagar, P.M.; Moller, H.; Taylor, G.A.; Foley, D.G.; Block, B.A.; Costa, D.P. 2006. Migratory shearwaters integrate oceanic resources across the Pacific Ocean in an endless summer. Proceedings of the National Academy of Sciences 103 (34): 12799-12802. Spearman, J. 2014. Statement of evidence of Dr Jeremy Spearman for Chatham Rock Phosphate Ltd - sediment modelling peer review. (http://www.epa.govt.nz/EEZ/chatham_rock_phosphate/evidence/Pages/Applicants_ev idence.aspx) Thompson, D. 2013 Appendix 21: Seabirds on the Chatham Rise [http://www.epa.govt.nz/EEZ/EEZ000006/EEZ000006_Appendix21_Thompson_Seabi rds.pdf] Thompson, D. 2014. Statement of evidence of Dr David Thompson for Chatham Rock Phosphate Ltd -. seabirds. (http://www.epa.govt.nz/EEZ/EEZ000006/EEZ000006_20AppEvidence_Thompson_D avid_Seabirds.pdf) DOCDM-1462846 24 APPENDIX 1: Seabird species of the Chatham Rise (species likely to use the marine consent application area) # Species/taxa NZ endemic? Light Predicted abundance in Timing Migration through attraction risk marine consent application region? area 1 Eastern rockhopper penguin (Eudyptes filholi) No None Rare Feb-Sept Possibly 2 Snares crested penguin (Eudyptes robustus) Yes None Very Rare Feb-Sept Possibly 3 Erect-crested penguin (Eudyptes sclateri) Yes None Uncommon All year Possibly 4 Yellow-eyed penguin(Megadyptes antipodes) Yes None Very Rare Feb-Sept No 5 Little penguin (Eudyptula minor) No None Hundreds All year No 6 Southern royal albatross (Diomedea epomophora) Yes Low Thousands All year Yes 7 Northern royal albatross (Diomedea sanfordi) Yes Low Thousands All year Yes 8 Snowy albatross (Diomedea exulans) No Low Uncommon All year Yes 9 Antipodean albatross (Diomedea antipodensis) Yes Low Thousands All year Yes 10 Gibson’s albatross (Diomedea gibsoni) Yes Low Thousands All year No 11 Campbell albatross (Thalassarche impavida) Yes Low Thousands All year Yes 12 Black-browed albatross (Thalassarche melanophris) No Low Hundreds All year Yes 13 White-capped albatross (Thalassarche cauta steadi) Yes Low Thousands All year No 14 Chatham albatross (Thalassarche eremita) Yes Low Thousands Sept-Apr Yes 15 Salvin’s albatross (Thalassarche salvini) Yes Low Thousands Sept-Apr Yes 16 Grey-headed albatross (Thalassarche chrysostoma) No Low Very Rare Winter No 17 Indian yellow-nosed albatross (Thalassarche carteri) No Low Very Rare All year No 18 Southern Buller’s albatross (Thalassarche bulleri bulleri) Yes Low Thousands Dec-Sept Yes 25 DOCDM-1462846 19 Northern Buller’s albatross (Thalassarche bulleri Yes Low Thousands Sept-Jun Yes nov.ssp.) 20 Light-mantled albatross (Phoebetria palpebrata) No Low Uncommon Winter Yes 21 Southern giant petrel (Macronectes giganteus) No Low Hundreds All year Yes 22 Northern giant petrel (Macronectes halli) No Low Thousands All year Yes 23 Antarctic fulmar (Fulmarus glacialoides) No Low Hundreds Apr-Oct No 24 Snares Cape petrel (Daption capense australe) Yes Low Thousands All year Yes 25 Cape Petrel (Daption capense capense) No Low Thousands Apr-Oct Yes 26 Grey-faced petrel (Pterodroma gouldi) Yes High Thousands All year No 27 White-headed petrel (Pterodroma lessonii) No High Thousands May-Oct No 28 Chatham Island taiko (Pterodroma magentae) Yes Very High Rare Sept-May Yes 29 Kermadec petrel (Pterodroma neglecta) No Low Very rare All year No 30 Soft-plumaged petrel (Pterodroma mollis) No Very High Thousands Sept-May Yes 31 Mottled petrel (Pterodroma inexpectata) Yes High Thousands Sept-May Yes 32 Black-winged petrel (Pterodroma nigripennis) No Medium Thousands Oct-May No 33 Chatham petrel (Pterodroma axillaris) Yes Very High Hundreds Nov-May No 34 Cook’s petrel (Pterodroma cookii) Yes High Thousands Sept-May Yes 35 Gould’s petrel (Pterodroma gouldi) No Medium Hundreds Oct-Apr Yes 36 Broad-billed prion (Pachyptila vittata) No High Millions All year Yes 37 Antarctic prion (Pachyptila desolata) No High Uncommon Winter No 38 Fairy prion (Pachyptila turtur) No High Millions All year Yes 39 Fulmar prion (Pachyptila crassirostris) No Medium Thousands All year No 40 Thin-billed prion (Pachyptila belcheri) No Low Uncommon Winter No DOCDM-1462846 26 41 Salvin’s prion (Pachyptila salvini) No Low Uncommon Winter No 42 White-chinned petrel (Procellaria aequinoctialis) No Medium Thousands All year Yes 43 Grey petrel (Procellaria cinerea) No Low Thousands Feb-Nov No 44 Westland petrel (Procellaria wetlandica) Yes Medium Thousands Feb-Nov Yes 45 Black petrel (Procellaria parkinsoni) Yes Medium Hundreds Sept-Jun No 46 Buller’s shearwater (Puffinus bulleri) Yes Medium Millions Sept-May Yes 47 Flesh-footed shearwater (Puffinus carneipes) No Low Hundreds Sept-May No 48 Sooty shearwater (Puffinus griseus) No Low Millions Sept-May Yes 49 Short-tailed shearwater (Puffinus tenuirostris) No Low Thousands Sept-May Yes 50 Fluttering shearwater (Puffinus gavia) Yes Medium Thousands All year No 51 Hutton’s shearwater (Puffinus huttoni) Yes Medium Thousands Sept-Apr No 52 Little shearwater (Puffinus assimilis) No High Thousands Mar-Jan Yes 53 Subantarctic little shearwater (Puffinus elegans) No High Hundreds All year No 54 Wilson’s storm petrel (Oceanites oceanicus) No High Thousands Apr-Nov Yes 55 Grey-backed storm petrel (Garrodia nereis) No Very High Thousands All year No 56 White-faced storm petrel (Pelagodroma marina) No Very High Millions Aug-Apr Yes 57 Black-bellied storm petrel (Fregetta tropica) No High Thousands Winter Yes 58 Common diving petrel (Pelecanoides urinatrix) No High Thousands All year Yes 59 Australasian gannet (Morus serrator) No Low Uncommon All year No 60 Pitt Island shag (Stictocarbo featherstoni) Yes Low Very Rare All year No 61 Chatham Island shag (Leucocarbo onslowi) Yes Low Very Rare All year No 62 Southern skua (Catharacta antarctica lonnbergi) No Low Hundreds All year Yes 63 South Polar skua (Catharacta maccormicki) No Low Uncommon Feb-Oct Yes DOCDM-1462846 27 64 Pomarine skua (Stercorarius pomarinus) No Low Uncommon Nov-Apr Yes 65 Arctic skua (Stercorarius parasiticus) No Low Uncommon Nov-Apr Yes 66 Long-tailed skua (Stercorarius longicaudus) No Low Rare Nov-Apr Yes 67 Kelp gull (Larus dominicanus) No Low Uncommon All year No 68 Red-billed gull (Larus scopulinus) Yes Low Uncommon All year No 69 White-fronted tern (Sterna striata) Yes Low Hundreds All year Yes 70 Arctic tern (Sterna paradisaea) No Low Uncommon Nov-Apr Yes DOCDM-1462846 28