Traditional Marine Resource Use – Marine Transportation Technical Report for the Trans Mountain Pipeline Ulc Trans Mountain Expansion Project

TRADITIONAL MARINE RESOURCE USE – MARINE TRANSPORTATION TECHNICAL REPORT FOR THE TRANS MOUNTAIN PIPELINE ULC TRANS MOUNTAIN EXPANSION PROJECT

December 2013

REP-NEB-TERA-00036

Prepared for: Prepared by:

Trans Mountain Pipeline ULC TERA Environmental Consultants Kinder Morgan Canada Inc. Suite 1100, 815 - 8th Avenue S.W. Suite 2700, 300 – 5th Avenue S.W. Calgary, Alberta T2P 3P2 Calgary, Alberta T2P 5J2 Ph: 403-265-2885 Ph: 403-514-6400

Trans Mountain Pipeline ULC Volume 8B, Marine Transportation Technical Reports Trans Mountain Expansion Project Traditional Marine Resource Use – Marine Transportation Technical Report

ACKNOWLEDGEMENTS

Trans Mountain Pipeline ULC would like to acknowledge Chief and Council, the Lands Department, Administration and members of the following communities:

• Cowichan Tribes;

• Esquimalt Nation;

• Halalt First Nation;

• Hwlitsum First Nation;

• Lyackson First Nation;

• Pacheedaht First Nation;

• Penelakut First Nation;

• Semiahmoo First Nation; and

• Stz’uminus First Nation.

All of their time, effort, commitment and participation is much appreciated and was fundamental to the success of the traditional marine resource use studies for the proposed Trans Mountain Expansion Project.

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EXECUTIVE SUMMARY Trans Mountain Pipeline ULC (Trans Mountain) is a Canadian corporation with its head office located in Calgary, Alberta. Trans Mountain is a general partner of Trans Mountain Pipeline L.P., which is operated by Kinder Morgan Canada Inc., and is fully owned by Kinder Morgan Energy Partners, L.P. Trans Mountain is the holder of the National Energy Board (NEB) certificates for the Trans Mountain pipeline system (TMPL system).

The TMPL system commenced operations 60 years ago and now transports a range of crude oil and petroleum products from Western Canada to locations in central and southwestern British Columbia (BC), Washington State and offshore. The TMPL system currently supplies much of the crude oil and refined products used in BC. The TMPL system is operated and maintained by staff located at Trans Mountain’s regional and local offices in Alberta (Edmonton, Edson and Jasper) and BC (Clearwater, Kamloops, Hope, Abbotsford and Burnaby).

The TMPL system has an operating capacity of approximately 47,690 m3/d (300,000 bbl/d) using 23 active pump stations and 40 petroleum storage tanks. The expansion will increase the capacity to 141,500 m3/d (890,000 bbl/d).

The proposed expansion will comprise the following.

• Pipeline segments that complete a twinning (or “looping”) of the pipeline in Alberta and BC with about 987 km of new buried pipeline.

• New and modified facilities, including pump stations and tanks.

• Three new berths at the Westridge Marine Terminal in Burnaby, BC, each capable of handling Aframax class vessels.

The expansion has been developed in response to requests for service from Western Canadian oil producers and West Coast refiners for increased pipeline capacity in support of growing oil production and access to growing West Coast and offshore markets. NEB decision RH-001-2012 reinforces market support for the expansion and provides Trans Mountain the necessary economic conditions to proceed with design, consultation, and regulatory applications.

Application is being made pursuant to Section 52 of the National Energy Board Act (NEB Act) for the proposed Trans Mountain Expansion Project (referred to as “TMEP” or “the Project”). The NEB will undertake a detailed review and hold a Public Hearing to determine if it is in the public interest to recommend a Certificate of Public Convenience and Necessity for construction and operation of the Project. Subject to the outcome of the NEB Hearing process, Trans Mountain plans to begin construction in 2016 and go into service in 2017.

TERA Environmental Consultants (TERA) was commissioned to prepare the following Traditional Marine Resource Use – Marine Transportation Technical Report. This report provides the results of the desktop study, literature review and traditional marine resource use studies (TMRU studies) conducted for the Project, as well as the results of the Aboriginal engagement for the Project to date.

TMRU studies were initiated for the Project in 2012 and are ongoing. Esquimalt Nation has elected to conduct a TERA-facilitated TMRU study. This TMRU study was conducted in November 2013. Cowichan Tribes, Halalt First Nation, Hwlitsum First Nation, Lyackson First Nation, Pacheedaht First Nation, Penelakut First Nation, Semiahmoo First Nation and Stz’uminus First Nation have elected to conduct independent, community-led TMRU studies.

The progress of each participating community’s TMRU study at the time of application filing is described in Section 3.0. Additional TMRU study work with participating Aboriginal communities is scheduled for completion prior to construction of the Project. Information gathered during ongoing TMRU studies will be considered for incorporation into Project planning under the guidance of existing marine transport regulations. The results of these ongoing engagement efforts will be provided to the NEB.

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The results of the desktop study, literature review, the TMRU study and the preliminary interests identified to date indicate that Aboriginal communities have historically used and presently use the marine Regional Study Area (RSA) to maintain a traditional lifestyle and continue to use marine resources throughout the Marine RSA for a variety of purposes including fish, shellfish, mammal and bird harvesting, aquatic plant gathering, and spiritual/cultural pursuits as well as through the use of navigable waters within the Marine RSA to access subsistence resources, neighbouring communities and coastal settlements.

The potential residual effects on traditional marine resource use are identified, discussed and evaluated for significance in Section 4.3.10 of Volume 8A of this application, which should be read in conjunction with this technical report.

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TABLE OF CONTENTS Page EXECUTIVE SUMMARY ...... II 1.0 INTRODUCTION ...... 1-1 1.1 Project Overview ...... 1-1 1.1.1 Purpose of Report ...... 1-2 1.2 Objectives ...... 1-5 1.3 Regulatory Standards ...... 1-5 1.3.1 Aboriginal Traditional Knowledge ...... 1-6 2.0 CONSULTATION AND ENGAGEMENT ...... 2-1 2.1 Public Consultation, Aboriginal Engagement and Landowner Relations ...... 2-1 3.0 METHODS ...... 3-1 3.1 Project Interactions and Identification of Potential Effects ...... 3-1 3.2 Assessment Indicators and Measurement Endpoints ...... 3-1 3.2.1 Subsistence Activities and Sites ...... 3-2 3.2.2 Cultural Sites ...... 3-2 3.3 Study Area Boundaries ...... 3-2 3.4 Existing Conditions...... 3-5 3.5 Desktop Study and Literature Review...... 3-5 3.6 Field Data Collection ...... 3-5 3.6.1 Community Engagement and Scoping ...... 3-5 3.6.2 Map Reviews/Interviews ...... 3-6 3.6.3 Field Reconnaissance ...... 3-6 3.6.4 Results Review/Reporting ...... 3-7 4.0 RESULTS OF DESKTOP STUDY AND LITERATURE REVIEW...... 4-1 4.1 General Information ...... 4-1 4.2 United States Waters ...... 4-6 5.0 RESULTS OF TRADITIONAL MARINE RESOURCE USE STUDIES ...... 5-1 5.1 Esquimalt Nation ...... 5-1 5.1.1 Community Participants ...... 5-1 5.1.2 Results ...... 5-3 5.2 Cowichan Tribes ...... 5-5 5.3 Halalt First Nation ...... 5-7 5.4 Hwlitsum First Nation ...... 5-7 5.5 Penelakut First Nation ...... 5-8 5.6 Semiahmoo First Nation ...... 5-8 5.7 Stz’uminus First Nation (Chemainus) ...... 5-9 5.8 Lyackson First Nation ...... 5-9 5.9 Pacheedaht First Nation ...... 5-9 5.10 Katzie First Nation ...... 5-10 5.11 Kwikwetlem First Nation ...... 5-10 5.12 Musqueam Indian Band ...... 5-10 5.13 Malahat First Nation ...... 5-10 5.14 Pauquachin First Nation ...... 5-10 5.15 Scia’new Indian Band (Beecher Bay Indian Band) ...... 5-11 5.16 Squamish Nation ...... 5-11 5.17 Tsartlip First Nation ...... 5-11 5.18 Tsawout First Nation ...... 5-11 5.19 Tsawwassen First Nation ...... 5-12 5.20 Tseycum First Nation ...... 5-12

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5.21 Tseil-Waututh Nation...... 5-12 6.0 DISCUSSION AND MITIGATION RECOMMENDATIONS ...... 6-1 6.1 General Recommendations ...... 6-1 6.2 Supplemental Studies ...... 6-3 7.0 SUMMARY ...... 7-1 8.0 REFERENCES ...... 8-1 8.1 Literature Cited ...... 8-1 8.2 GIS Data and Mapping References ...... 8-2

LIST OF FIGURES Figure 1.1 Project Overview – Alberta and British Columbia ...... 1-4 Figure 3.1 Traditional Marine Resource Use Study Area Boundaries ...... 3-4 Figure 5.1 Esquimalt Nation Traditional Marine Use Areas Identified During Map Review for the Project (November 2013) ...... 5-2

LIST OF TABLES Table 2.1 Consultation and Engagement Activities Related to Traditional Marine Resource Use ...... 2-1 Table 3.1 Traditional Marine Resource Use Indicators and Measurement Endpoints ...... 3-2 Table 3.2 Inputs to Traditional Marine Resource Use Local Study Area Boundaries ...... 3-3 Table 4.1 Results of Desktop Study and Literature Review – Traditional Marine Resource Use Within or in Proximity to the Marine Regional Study Area ...... 4-1 Table 5.1 Hunting Sites Identified by Esquimalt Nation ...... 5-3 Table 5.2 Fishing Sites Identified by Esquimalt Nation ...... 5-4 Table 5.3 Gathering Places Identified by Esquimalt Nation ...... 5-5 Table 5.4 Sacred Areas Identified by Esquimalt Nation ...... 5-5 Table 5.5 Traditional Marine Resource Use Identified to Date by Cowichan Tribes Within or in Proximity to the Marine Regional Study Area ...... 5-6 Table 5.6 Traditional Marine Resource Use Identified to Date by Semiahmoo First Nation Within or in Proximity to the Marine Regional Study Area ...... 5-9 Table 6.1 Potential Effects and Mitigation Measures - Related to the Increase in Project-Related Marine Vessel Traffic on Traditional Marine Resource Use ...... 6-2

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DEFINITIONS AND ACRONYM LIST

Definition/Acronym Full Name ATK Aboriginal Traditional Knowledge Avoidance A means to prevent a potential adverse effect through routing/siting of the project, changes to project design or construction timing. BC British Columbia CCG Canadian Coast Guard CEA Canadian Environmental Assessment CEA Act, 2012 Canada Environmental Assessment Act, 2012 CEA Agency Canadian Environmental Assessment Agency Compensation A means intended to compensate unavoidable and potentially significant or unacceptable effects any may consist of offsets (no net loss), research, education programs, and financial compensation (considered only when all other options have been exhausted). CPCN Certificate of Public Convenience and Necessity Element A technical discipline or discrete component of the biophysical or human environment identified in the NEB Filing Manual. ESA Environmental and Socio-Economic Assessment GHG greenhouse gas GIS Geographical Information System GPS Global Positioning System Indicator A biophysical, social, or economic property or variable that society considers to be important and is assessed to predict Project-related changes and focus the effects assessment on key issues. One or more indicators are selected to describe the present and predicted future condition of an element. Societal views are understood by the assessment team through published information such as management plans and engagement with regulators, public, Aboriginal, and other interested groups. KMC Kinder Morgan Canada Inc. LSA Local Study Area LSA The zone of influence or area where the element and associated indicators are most likely to be affected by Project-related marine vessel traffic. MCTS Marine Communications and Traffic Services Measurement One or more ‘measurement endpoints’ are identified for each indicator to allow quantitative endpoint or qualitative measurement of potential Project effects. The degree of change in these measurable parameters is used to characterize and evaluate the magnitude of Project- related environmental and socio-economic effects. Mitigation measures Mean measures for the elimination, reduction or control of a project’s adverse environmental effects, including restitution for any damage to the environment caused by such effects through replacement, restoration, compensation or any other means. NEB National Energy Board NEB Act National Energy Board Act PMV Port Metro Vancouver Proposed pipeline Generally a 150 m wide corridor encompassing the pipeline construction right-of-way, corridor temporary workspace, and valves. RSA Regional Study Area RSA The area extending beyond the LSA boundary where the direct and indirect influence of other activities could overlap with project-specific effects and cause cumulative effects on the environmental or socio-economic indicator. Supplemental studies Studies to be conducted post-submission of the application to confirm the effects assessment conclusions and gather site-specific information for the implementation of mitigation from the Project-specific environmental protection plans. TERA TERA Environmental Consultants TERMPOL Technical Review Process of Marine Terminal Systems and Transshipment Sites the Project Trans Mountain Expansion Project TMEP Trans Mountain Expansion Project TMPL Trans Mountain Pipeline

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Definition/Acronym Full Name TMRU study(ies) traditional marine resource use study(ies) Trans Mountain Trans Mountain Pipeline ULC US United States WA Washington WCMRC Western Canadian Marine Response Corporation YVR Vancouver International Airport

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1.0 INTRODUCTION 1.1 Project Overview Trans Mountain Pipeline ULC (Trans Mountain) is a Canadian corporation with its head office located in Calgary, Alberta. Trans Mountain is a general partner of Trans Mountain Pipeline L.P., which is operated by Kinder Morgan Canada Inc. (KMC), and is fully owned by Kinder Morgan Energy Partners, L.P. Trans Mountain is the holder of the National Energy Board (NEB) certificates for the Trans Mountain Pipeline (TMPL) system.

The TMPL system commenced operations 60 years ago and now transports a range of crude oil and petroleum products from Western Canada to locations in central and southwestern British Columbia (BC), Washington State and offshore. The TMPL system currently supplies much of the crude oil and refined products used in BC. The TMPL system is operated and maintained by staff located at Trans Mountain’s regional and local offices in Alberta (Edmonton, Edson, and Jasper) and BC (Clearwater, Kamloops, Hope, Abbotsford, and Burnaby).

The proposed expansion will comprise the following:

• pipeline segments that complete a twinning (or “looping”) of the pipeline in Alberta and BC with about 987 km of new buried pipeline;

• new and modified facilities, including pump stations and tanks; and

• three new berths at the Westridge Marine Terminal in Burnaby, BC, each capable of handling Aframax class vessels.

Application is being made pursuant to Section 52 of the NEB Act for the proposed Trans Mountain Expansion Project (referred to as TMEP or the Project). The NEB will conduct a detailed review and hold a Public Hearing to determine if it is in the public interest to recommend a Certificate of Public Convenience and Necessity (CPCN) for construction and operation of the Project. Subject to the outcome of the NEB Hearing process, Trans Mountain plans to begin construction in 2016 and go into service in 2017.

Trans Mountain has embarked on an extensive program to engage Aboriginal communities and to consult with landowners, regulatory authorities (e.g., regulators and municipalities), stakeholders, and the general public. Information on the Project is also available at www.transmountain.com.

While Trans Mountain does not own or operate the vessels calling at the Westridge Marine Terminal, it is responsible for ensuring the safety of the terminal operations. In addition to Trans Mountain’s own screening process and terminal procedures, all vessels calling at Westridge Marine Terminal must operate according to rules established by the International Maritime Organization, Transport Canada, the Pacific Pilotage Authority, and Port Metro Vancouver (PMV). Although Trans Mountain is not responsible for vessel operations, it is an active member in the maritime community and works with BC maritime agencies to promote best practices and facilitate improvements to ensure the safety and efficiency of tanker traffic in the Salish Sea. Trans Mountain is a member of the Western Canada Marine Response Corporation (WCMRC), and works closely with WCMRC and other members to ensure that WCMRC remains capable of responding to spills from vessels loading or unloading product or transporting it within their area of jurisdiction.

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Currently, in a typical month, five vessels are loaded with heavy crude oil (diluted bitumen) or synthetic crude oil at the terminal. The expanded system will be capable of serving 34 Aframax class vessels per month, with actual demand driven by market conditions. The maximum size of vessels (Aframax class) served at the terminal will not change as part of the Project. Similarly, the future cargo will continue to be crude oil, primarily diluted bitumen or synthetic crude oil. Of the 141,500 m3/d (890,000 bbl/d) capacity of the expanded system, up to 100,200 m3/d (630,000 bbl/d) may be delivered to the Westridge Marine Terminal for shipment.

In addition to tanker traffic, the terminal typically loads three barges with oil per month and receives one or two barges of jet fuel per month for shipment on a separate pipeline system that serves Vancouver International Airport (YVR). Barge activity is not expected to change as a result of the expansion.

1.1.1 Purpose of Report The purpose of this technical report is to describe the existing characteristics of traditional marine resource use assessed for the development of the Project (Figure 1.1) as presented in the Environmental and Socio-Economic Assessment (ESA) for the marine transportation component of the Project (see Volume 8A). Of the 27 marine and inlet Aboriginal communities engaged on the Project with Trans Mountain, the following 21 communities have been identified as having an interest in the Project or having interests potentially affected by the increased Project-related marine vessel traffic:

• Esquimalt Nation;

• Cowichan Tribes;

• Halalt First Nation;

• Hwlitsum First Nation;

• Pacheedaht First Nation;

• Penelakut First Nation;

• Semiahmoo First Nation;

• Stz'uminus First Nation (Chemainus);

• Lyackson First Nation;

• Malahat First Nation;

• Pauquachin First Nation;

• Scia'new Indian Band (Beecher Bay);

• Tsartlip First Nation;

• Tsawout First Nation;

• Tsawwassen First Nation;

• Tseycum First Nation;

• Katzie First Nation;

• Kwikwetlem First Nation;

• Musqueam Indian Band;

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• Squamish Nation; and

• Tsleil-Waututh Nation.

TERA Environmental Consultants (TERA) was commissioned to assist in the collection of traditional marine resource use information with potentially affected Aboriginal communities that focused on the current use of traditional marine resources potentially affected by the increases in Project-related vessel traffic.

This report contains the results of the traditional marine resource use studies (TMRU studies) conducted by potentially affected Aboriginal communities for the Project. Approval to treat collected traditional marine resource use within this report as public knowledge was received by the participating Aboriginal communities listed herein.

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1.2 Objectives The aim of the TMRU studies is to identify and mitigate effects of the increase in Project-related marine vessel traffic on current use of traditional marine resources. This is achieved by meeting the following objectives:

• determine the extent and general nature of each community's current use of marine resources for traditional activities relative to shipping lanes;

• identify existing concerns and potential effects of the Project on traditional marine resource use for baseline scoping and selection of social or environmental indicators for the effects assessment;

• provide traditional knowledge information, where appropriate, for the assessment of potential effects of Project-related marine vessel traffic on traditional marine resource use; and

• recommend appropriate mitigation measures to address concerns raised relative to the Project-related marine vessel traffic regarding traditional marine resource use.

This report describes the methods of the TMRU studies, the approach for and results of field work, as well provided general traditional marine resource use mitigation recommendations for marine transportation during the operation phase of the Project. The results of this report do not identify residual environmental or socio-economic effects nor provide conclusions regarding significance. Section 4.0 of Volume 8A provides information on the potential residual and cumulative effects of the Project on traditional marine resource use, including an evaluation of significance.

The discussion of potential effects related to traditional marine resource use does not evaluate effects resulting from interactions between current levels of marine vessel traffic associated with the Westridge Marine Terminal and other marine users; current interaction patterns are considered as part of existing conditions.

The potential effects on traditional marine resource use associated with the direct construction and operation of the expanded Westridge Marine Terminal are discussed separately in the Traditional Land and Resource Use Technical Report (see Volume 5D) and in Section 7.0 of Volume 5B ESA – Socio-Economic.

The effects of Project-related marine vessel traffic on traditional marine resource use are considered for routine Project operations only. Section 5.0 of Volume 8A considers the potential effects of an accident or malfunction (including oil spills) from Project-related marine vessel traffic on the marine environment.

1.3 Regulatory Standards The Project will require a NEB CPCN pursuant to Section 52 of the NEB Act and is considered a designated project under the Canadian Environmental Assessment (CEA) Act, 2012.

The assessment of potential effects of marine transportation on traditional marine resource use was designed to meet the requirements of an application under Section 52 of the NEB Act, as outlined in the NEB Filing Manual (2013b). Although the Filing Manual does not outline specific requirements for the traditional marine resource element, it does outline the filing requirements for traditional land and resource use (Guide A.2, Tables A-1 and A-3). The NEB provided further clarification of its requirements to consider the environmental and socio-economic effects of the increase in marine tanker traffic in its Filing Requirements Related to the Potential Environmental and Socio-Economic Effects of Increased Marine Shipping Activities, Trans Mountain Expansion Project (September 10, 2013). For the purposes of assessing potential Project effects on traditional marine resource use, these requirements were interpreted in a marine context and were applied to this element.

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1.3.1 Aboriginal Traditional Knowledge This technical report considers Aboriginal Traditional Knowledge (ATK) according to Section 19(3) of the CEA Act, 2012, the guidance provided in the NEB Filing Manual (2013b), pertinent issues and concerns identified through Aboriginal engagement for the Project, and the following reference guidance documents issued by the CEA Agency:

• Reference Guide on Physical and Cultural Resources (1996); and

• considering ATK in Environmental Assessments Conducted under the CEA Act – Interim Principles (n.d.).

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2.0 CONSULTATION AND ENGAGEMENT Trans Mountain and its consultants have conducted a number of engagement activities to inform Aboriginal communities, stakeholders, the public and regulatory authorities about the approach to assessing potential environmental and socio-economic effects of the Project, and to seek input throughout the Project planning process.

2.1 Public Consultation, Aboriginal Engagement and Landowner Relations Trans Mountain has implemented and continues to conduct open, extensive and thorough public consultation, Aboriginal engagement and landowner relations programs. These programs were designed to reflect the unique nature of the Project as well as the diverse and varied communities along the proposed pipeline and marine corridors. These programs were based on Aboriginal communities, landowner and stakeholder groups’ interests and inputs, knowledge levels, time and preferred methods of engagement. In order to build relationships for the long-term, these programs were based on the principles of accountability, communication, local focus, mutual benefit, relationship building, respect, responsiveness, shared process, sustainability, timeliness, and transparency.

Feedback related to marine transportation that was raised through various Aboriginal engagement and public consultation activities, including public open houses, ESA Workshops and one-on-one meetings, is summarized below and in Table 2.1, and was considered in the development of this technical report, and the assessment of traditional marine resource use in Volume 8A:

• effects of increased tanker traffic in the marine environment, Burrard Inlet in particular; and

• protection of historical and cultural sites.

In addition, concerns related to the spills in the marine environment (e.g., spill response times and proportion of product that can be cleaned up; WCMRC equipment locations and response capacity; liability regime in Canada in the event of a spill; and ability to fund the cost of a spill) were also raised and detailed information on marine spills is provided in Volume 8A.

The full description of the public consultation, Aboriginal engagement and landowner relations programs are located in Volumes 3A, 3B and 3C, respectively. Section 3.2 of Volume 8A summarizes the Aboriginal engagement activities that have focused on identifying and assessing potential issues and concerns related to traditional marine resource use which may be affected by the construction and operation of the Project. Information collected through the Aboriginal engagement program for the Project was considered in the development of this technical report and the assessment of traditional marine resource use in Volume 8A.

TABLE 2.1

CONSULTATION AND ENGAGEMENT ACTIVITIES RELATED TO TRADITIONAL MARINE RESOURCE USE

Commitments/ Date of Follow-Up Stakeholder Group/ Name and Title Method of Consultation Reason For Issues/ Actions/ Aboriginal Community of Contact Contact Activity Engagement Concerns Comments Members of the public, Various local Open Houses August 2012 to Project Introduction Effects of the additional Consideration of Aboriginal communities, contacts and ESA October 2013 and discussion of vessel traffic on issues/concerns local recreation and Workshops environmental effects ecological and socio- raised by members nature groups, from routine shipping economic resources of the public and environmental and oil, oil spill including marine Aboriginal nongovernment modelling and oil spill animals and traditional communities in the organizations, response. use within local and ESA. environmental regional habitats. consultants

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3.0 METHODS 3.1 Project Interactions and Identification of Potential Effects The increased marine vessel traffic associated with the proposed expansion and operation of the Westridge Marine Terminal has the potential to directly and indirectly disrupt subsistence hunting and fishing, and plant gathering through changes to local harvesting locales as well as the broader ecological system. Travel corridors are essential for conducting traditional activities and accessing cultural landscape features. Increased Project-related marine vessel traffic may, depending on the location of the tanker, restrict user access to traditional areas. Damage or loss to fishing gear, or fishing vessel damage or loss in the case of direct collisions may result from interactions between Project-related marine vessels and traditional fishing vessels.

A general increase in marine vessel traffic in the region has the potential to result in changes to the distribution and abundance of subsistence resources due to wake effects on shoreline habitats and sensory disturbance. Similarly, sensory disturbance has the potential to result in disruptions to cultural activities (e.g., gathering places, sacred areas), whereby noise and activity as a result of increased marine vessel traffic may influence the focus and intent of ceremonial activities.

3.2 Assessment Indicators and Measurement Endpoints Key issues related to traditional marine resource use were first identified in the ESA Approach Summary document, a document intended to provide an overview of Trans Mountain’s understanding of the environmental and socio-economic context of the Project at the time of its release in March 2013, and to facilitate feedback from Aboriginal communities, regulatory authorities, stakeholders and the public. Since its release, Trans Mountain has actively engaged with Aboriginal communities, regulatory authorities and stakeholders on the methods, indicators and spatial boundaries listed in the approach document. Methods, indicators and spatial boundaries for the environmental and socio-economic elements were reviewed based on feedback received. In May 2013, Trans Mountain filed the Project Description for the Project with the NEB which included updated anticipated key issues and proposed indicators for each environmental and socio-economic element. Feedback on the ESA approach received after the filing of the Project Description was considered for finalizing the ESA approach.

Potential effect pathways and measurement endpoints for traditional marine resource use were refined to reflect the components valued by traditional resource users that are often holistic in nature and span both the biophysical and social disciplines. Potential Project-related effects on traditional marine resource use are naturally linked to issues related to the biophysical elements (e.g., marine birds and resources). Since all components of the biophysical environment are understood to support the marine resource base and habitat conditions essential to the practice of traditional activities, the assessment of Project-related and cumulative effects on traditional marine resource use will also consider the assessment of effects on biophysical resources known or assumed to be of importance to Aboriginal communities for traditional use.

One or more 'measurement endpoints' are identified for each indicator to allow quantitative or qualitative measurement of potential Project effects. The degree of change in these measurable parameters is used to characterize and evaluate the magnitude of Project-related environmental and socio-economic effects. The measureable endpoints of the traditional marine resource use indicators (Table 3.1) were primarily selected to reflect the NEB Filing Manual (2013b) and the Filing Requirements Related to the Potential Environmental and Socio-Economic Effects of Increased Marine Shipping Activities – Trans Mountain Expansion Project (NEB 2013a).

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TABLE 3.1

TRADITIONAL MARINE RESOURCE USE INDICATORS AND MEASUREMENT ENDPOINTS

Indicator Measurement Endpoints Rationale Subsistence Activities and Sites • Hunting The selection of indicators and measurement endpoints reflect the NEB Filing • Fishing Manual (2013b) requirements, the Filing Requirements Related to the • Plant gathering Potential Environmental and Socio-Economic Effects of Increased Marine Shipping Activities – Trans Mountain Expansion Project (NEB 2013a), and • Travelways considered key issues and interests identified during Aboriginal and Cultural Sites • Gathering places stakeholder engagement. They also considered feedback from participants in • Sacred areas the North Vancouver and Victoria ESA Workshops.

3.2.1 Subsistence Activities and Sites This indicator represents the extensive land and water bases on which activities take place. It represents the broad view of where and how people move in the landscape, how they use it and where they inhabit it. Navigable waters are used to access subsistence resources, neighbouring communities and coastal settlements. Hunting, fishing and plant gathering are activities pursued by Aboriginal people for both subsistence and traditional purposes and represent the intrinsic link to the biophysical environment.

Subsistence activities relate to the nature of the waters. The depth of the waters influences access and techniques of harvests. Activities in the inter-tidal areas may include harvesting of shellfish (e.g., clams, mussels, cockles) while deeper waters may include harvest collection of crabs and crustaceans and fish stocks of herring and halibut. Traditional harvests of sea mammals may include the hunting of seals, sea lions and whales. Timing of marine harvests generally relates to the understanding of seasonal variations of the marine environment, and their influence on ocean and tidal currents. The practice of traditional fisheries relate to the species harvested (inclusive of shellfish and crustaceans) at various life cycle stages (e.g., eggs, juvenile, adult), fishing techniques, and the nature of specific bays and inlets. Fishing methods may include but are not limited to angling, gigging, spear-fishing, dip netting, gill netting, and the construction and use of fish traps and weirs. While fishing activities vary with changes in seasonal water flow and variation in fish stocks, fisheries often exhibit habitual repeated use. Secondary fishing activities relate to the processing of harvests, and may include processing yards, smokehouses, drying racks, and fish-grease rendering features. Plant gathering activities extend to marine and freshwater plants, including kelp, marine flowering plants, benthic and detached algae, brown algae, red algae, green algae, and phytoplankton.

3.2.2 Cultural Sites This indicator represents people’s long-term connection to the land and water and includes the ability to participate in and continue practices and activities conducted by past generations, and the ability to pass on the collective knowledge and use of the environment according to tradition. Access to and continued use of cultural sites promotes cultural continuity. Gathering areas and sacred areas are collective terms used to incorporate all types of sites unrelated to the acquisition of environmental resources.

3.3 Study Area Boundaries The Local Study Area (LSA) incorporates the primary zone of influence likely to be affected by marine vessel wake, atmospheric and underwater noise generated by transiting tankers. The area has been allocated as the inbound and outbound shipping lanes plus a buffer that encompasses the LSA boundaries of marine fish and fish habitat, marine mammals and marine birds since traditional marine resource use is dependent on these resources (Table 3.2, Figure 3.1). There is no separately defined LSA for marine mammals since potential effects are assessed within the Marine Regional Study Area (RSA) (below). This includes the inbound and outbound marine shipping lanes, the area between the shipping lanes, where it exists, and a 2 km buffer extending from the outermost edge of each shipping lane. The shipping lanes extend from the Westridge Marine Terminal in Burnaby, through Burrard Inlet, south through the southern part of the Strait of Georgia, the Gulf Islands and Haro Strait, then westward past Victoria and through the Juan de Fuca Strait out to the 12 nautical mile limit of Canada’s territorial sea, corresponding to the line of longitude of Buoy J.

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The RSA is the area where the direct and indirect influence of other marine activities could overlap with Project-specific marine transportation effects, potentially resulting in residual or cumulative effects on traditional marine resource use (Figure 3.1). This area encompasses a large portion of the Salish Sea and it generally extends from the western to eastern boundaries of the Salish Sea; however, it confines the northern and southern extents to exclude the central and northern Strait of Georgia and Puget Sound, respectively. Major waterways in the Marine RSA that overlap with the marine shipping lanes extending from the Westridge Marine Terminal through Burrard Inlet, south through the southern part of the Strait of Georgia, the Gulf Islands and Haro Strait, westward past Victoria and Juan de Fuca Strait out to the 12 nautical mile limit of Canada’s territorial sea.

TABLE 3.2

INPUTS TO TRADITIONAL MARINE RESOURCE USE LOCAL STUDY AREA BOUNDARIES

Resource Component Local Study Area ESA Reference Marine Fish and Includes the inbound and outbound marine shipping lanes, the area Marine Resources – Fish Habitat between the shipping lanes where it exists, and a 2 km buffer extending Marine Transportation from the outermost edge of each shipping lane. The shipping lanes Technical Report extend from the Westridge Marine Terminal in Burnaby, through Burrard (Volume 8B) Inlet, south through southern part of the Strait of Georgia, the Gulf Islands and Haro Strait, then westward past Victoria and though the Juan de Fuca Strait out to the 12 Nautical Mile limit of Canada’s territorial sea. Marine Birds Includes the inbound and outbound marine shipping lanes, the area Marine Birds – Marine between the shipping lanes where it exists, and a 1 km buffer extending Transportation Technical from the outermost edge of each shipping lane. The shipping lanes Report (Volume 8B) extend from the Westridge Marine Terminal in Burnaby, through Burrard Inlet, south through southern part of the Strait of Georgia, the Gulf Islands and Haro Strait, then westward past Victoria and though the Juan de Fuca Strait out to the 12 Nautical Mile limit of Canada’s territorial sea.

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125°0'0"W 124°0'0"W 123°0'0"W

FIGURE 3-1 FRASER VALLEY TRADITIONAL MARINE ¯ RESOURCE USE STUDY AREA BOUNDARIES TRANS MOUNTAIN 49°30'0"N EXPANSION PROJECT 49°30'0"N Elsie Lake !. Reference Kilometre Post (RK) SECHELT POWELL GIBSONS DISTRICT Coquitlam WEST OF NORTH Pitt !. Kilometre Post (KP) VANCOUVER Lake RIVER SUNSHINE VANCOUVER Lake Alouette QUALICUM BOWEN Lake Trans Mountain Pipeline (TMPL) reat Cent 19 BEACH G ral OP COAST ISLAND ANMORE Lake PARKSVILLE CITY OF NORTH Trans Mountain Expansion Project Ta y lor Horne Cameron Point ! VANCOUVER BELCARRA Proposed Pipeline Corridor Rive Lake Atkinson COQUITLAM r Lake OP4A r 4 PORT Traditional Marine Resource Use LSA e OP Burrard

vi # MOODY PITT R Sproat Inlet * LANTZVILLE METRO Westridge RK 1180 Lake r *#!. MEADOWS Traditional Marine Resource Use RSA y ve PORT i VANCOUVER VANCOUVER Stave d Burnaby COQUITLAM MAPLE e R Lake n n 1 7 RIDGE n a BURNABY OP OP *# Terminal e ALBERNI-CLAYOQUOT PORT m MISSION K ALBERNI ish Engl NEW Nahmint WESTMINSTER !. Pump Station (Pump Addition, Station Port Kells "/ Modification and/or Scraper Facilities) Lake OP91 RK 1160 !."/ NANAIMO RICHMOND KP 1125 Henderson N R iv e r "/ e r Existing Pump Station Lake a NANAIMO s RK 1140 t a !. hm e r l SURREY i F 15 KP 1100 n n CITY OP !. !. 1 Highway t I DELTA (! Riv e i r OF LAN GL EY Sumas e 99 KP 1075 r n OP !. r Nanaimo Riv Strait of !. *# Road e "/ b Georgia TOWNSHIP RK 1120 l S t OF LAN GL EY Sumas A WHITE u Delta Boundary 12 Nautical Mile Limit (Territorial Sea) a Port Bay ROCK r ! ABBOTSFORD

49°0'0"N CANADA C CANADA Limit of Exclusive Economic Zone (EEZ)

h 49°0'0"N a UNITED STATES LADYSMITH n BLAINE International Boundary

Imperial r e LYNDEN e l T r Marine Vessel Outbound Shipping Lane Eagle v i BIRCH i n Channel R c o BAY t m a a Marine Vessel Inbound Shipping Lane n l ti i i Cowichan NORTH C 5 539 EVERSON N h §¨¦ UV Lake COWICHAN an Traffic Separation Scheme LAKE ne FERNDALE Barkley COWICHAN l Sound City / Town / District Municipality COWICHAN GULF ISLANDS NATIONAL 18 BELLINGHAM OP PARK RESERVE East Indian Reserve / Métis Settlement Nitinat VALLEY Point PACIFIC RIM Lake DUNCAN ! NATIONAL PARK National Park e r iv Va n c o u v e r R Va n c o u v e r Provincial / State Park n Turn o d Point Boundary Pass r II s s l l a a n n d d Protected Area/Natural Area/ o G Bellingham Provincial Recreation Area/Wilderness Bay Provincial Park/Conservancy Area NORTH SIDNEY SAANICH Shawnigan Regional District Boundary Lake iv UV11 San Juan R er This document is provided by Kinder Morgan Canada Inc. (KMC) CENTRAL for use by the intended recipient only. This information is SAANICH confidential and proprietary to KMC and is not to be provided to ! Port Renfrew Sooke any other recipient without the written consent of KMC. It is not Lake OP17 Haro to be used for legal, engineering or surveying purposes, nor for 14 Strait ANACORTES doing any work on or around KMC's pipelines and facilities, all of OP MOUNT which require KMC's prior written approval. Buoy J ! 48°30'0"N CAPITAL HIGHLANDS SAANICH VERNON Projection: UTM Zone 10N. Routing: Baseline TMPL & Facilities: REGIONAL DISTRICT 48°30'0"N VIEW provided by KMC 2012; Proposed Pipeline Corridor V6: provided by ROYAL UPI Aug. 23, 2013; Transportation: BC Forests, Lands and Natural LANGFORD Resource Operations, 2012 & ESRI, 2005; Geopolitical Boundaries: OAK BAY IHS Inc., 2011, BC FLNRO, 2007 & ESRI, 2005; First Nation Lands: COLWOOD Government of Canada, 2013 & IHS Inc., 2011; Hydrology: IHS Inc., VICTORIA 2004, United States National Imagery and Mapping Agency, 2000, SOOKE ESQUIMALT! Salish Natural Resouces Canada, 2010; Parks and Protected Areas: Natural Cape Neah Bay Resources Canada, 2013, BC FLNRO, 2008 & ESRI, 2005; CHS Marine Flattery ! Sea Navigation Area Features: Provided by KMC, 2013; Marine Vessel METCHOSIN Inbound/Outbound Shipping Lanes: Moffat and Nichol, 2013; Territorial Sea Boundary: Government of Canada (CHS), 2013; Hillshade: Copyright:© 2013 Esri. Juan de Fuca OAK Strait Race HARBOR !Rocks STANWOOD CANADACANADA UV20 UNITEDUNITED STATESSTATES

Although there is no reason to believe that there are any UV112 errors associated with the data used to generate this product CAMANO or in the product itself, users of these data are advised that Ozette errors in the data may be present. Lake PORT MAP NUMBER PAGE ANGELES LAKE 201308_MAP_TERA_MR_00386_REV0 SHEET 1 OF 1 SEQUIM GOODWIN Lake DATE TERA REF. REVISION PORT December 2013 7894 0 Cresent TOWNSEND SCALE PAGE SIZE DISCIPLINE 1:750,000 11x17 MR 101 ¤£ DRAWN CHECKED DESIGN UV525 AJS HS TGG 48°0'0"N km

48°0'0"N 0 6 12 18 24 30 125°0'0"W 124°0'0"W 123°0'0"W ALL LOCATIONS APPROXIMATE 201308_MAP_TERA_MR_00386_Rev0.mxd Trans Mountain Pipeline ULC Volume 8B, Marine Transportation Technical Reports Trans Mountain Expansion Project Traditional Marine Resource Use – Marine Transportation Technical Report

3.4 Existing Conditions Existing (baseline) conditions represent the current use of marine resources by Aboriginal communities for traditional purposes prior to the increase in Project-related marine vessel traffic and provide a reference point against which future conditions are compared to assess Project-specific and cumulative effects. Existing conditions of traditional marine resource use encountered within or in proximity to the RSA were determined through a review of: publicly available harvest data, ATK and traditional marine resource use reports; the results of engagement with Aboriginal community representatives; and TMRU studies conducted with potentially affected Aboriginal communities for the Project.

3.5 Desktop Study and Literature Review Prior to field data collection, preliminary background traditional marine resource use data was compiled. The following sources were used:

• publicly available harvest data, ATK and traditional marine resource use reports;

• open houses and community gatherings;

• meetings and conversations with Aboriginal community representatives;

• environmental assessments for projects with a similar socio-cultural context or regulatory context (e.g., Enbridge Northern Gateway Project, Georgia Strait Crossing);

• published reports from regulatory authorities involved in administering or regulating a specified area or resource (e.g., integrated resource plans, land and resource management plans, etc); and

• Geographical Information System (GIS) tools to determine spatial relationships of source data to the Project.

The preliminary background data was verified and augmented as a result of the field data collection.

3.6 Field Data Collection Protocols and processes developed between Trans Mountain, TERA and each of the Aboriginal communities potentially affected by the Project facilitate the gathering and compilation of TMRU study data for the Project. Although Aboriginal communities consider some data and information to be confidential and, therefore, not included in materials submitted on the public record for the application, this information will be used in developing recommendations for mitigation measures as outlined by these protocols and processes agreed upon by Trans Mountain and each Aboriginal community.

3.6.1 Community Engagement and Scoping TMRU studies were initiated for the Project in 2012 and are ongoing. Participation in the TMRU studies, either as TERA-facilitated or community directed using a third-party consultant, was discussed with Aboriginal communities based on an indicated interest in participating in these studies. The Project scope, timetable and location were discussed. Project information packages, which included a Project description, facts on the nature, timing, scope and location of the Project, and relevant contact information for communication with Trans Mountain and TERA, were sent to each community and meetings were subsequently scheduled. Communities were also provided with copies of the proposed TMRU study methods and a draft outline of TERA’s TMRU study work plan. Interpreters were made available at the request of the community.

Trans Mountain provided funding to assist Aboriginal communities that elected to conduct their own independent, community led TMRU studies (i.e., third-party). These communities often engaged other consultants to provide technical support and assistance with their TMRU studies for the Project. The following communities have elected to conduct independent, community led TMRU studies:

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• Cowichan Tribes;

• Halalt First Nation;

• Hwlitsum First Nation;

• Lyackson First Nation;

• Pacheedaht First Nation;

• Penelakut First Nation;

• Semiahmoo First Nation; and

• Stz’uminus First Nation.

To-date, preliminary interests were identified to Trans Mountain by Esquimalt Nation, Semiahmoo First Nation and by Cowichan Nation Alliance on behalf of Penelakut First Nation, Halalt First Nation, Hwlitsum First Nation, Stz’uminus First Nation and Cowichan Tribes. These interests and the progress of each participating community’s TMRU study at the time of application filing are described in Section 5.0. Additional TMRU study work with participating Aboriginal communities is scheduled for completion prior to construction of the Project. Information gathered during ongoing TMRU studies will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB.

Katzie First Nation, Kwikwetlem First Nation, Musqueam Indian Band, Malahat First Nation, Pauquachin First Nation, Scia’new Indian Band, Squamish Nation, Tsartlip First Nation, Tsawout First Nation, Tsawwassen First Nation, Tseycum First Nation and Tsleil-Waututh Nation have also identified a potential interest in the Project. To-date, Trans Mountain has shared Project information and invited each of these communities to participate in the development of a TMRU study and identification of interests. Trans Mountain will continue to support the participation of Katzie First Nation, Kwikwetlem First Nation, Musqueam Indian Band, Squamish Nation and Tsleil-Waututh Nation in Project activities and interest in a TMRU study will be determined by each individual community.

On August 29, 2013, Esquimalt Nation elected to conduct a TERA-facilitated TMRU study. The TMRU study included a map review and community interviews that focused on the Crown lands and waters within the asserted traditional territory of Esquimalt Nation crossed by the Marine RSA. The results of Esquimalt Nation TMRU study completed to date for the Project are provided in Section 5.0. Each phase of the TERA-facilitated TMRU study is described in further detail in the following subsections. TERA has implemented proper record keeping practices for information obtained during the TMRU study to ensure that study results are accessible for future reference and confidential information is protected.

3.6.2 Map Reviews/Interviews Maps will be provided to orient community representatives to the location of the Project. At the discretion of Esquimalt Nation, an evaluation of the Project was conducted by field reconnaissance. The goal of the map review will be to identify: areas of concerns relative to the Project, the shipping lanes and within the Marine RSA; areas to target during the field reconnaissance; areas that require additional mapping; and potential Project effects on resources and on current use of the marine environment for traditional activities. The map review will also provide an opportunity to schedule field work. A similar approach is being presented to Aboriginal communities that have identified a potential interest in the Project but have not yet expressed an interest in a TMRU study.

3.6.3 Field Reconnaissance The goal of the field reconnaissance will be to locate and record traditional use sites that may potentially be affected by the Project-related increase in marine vessel traffic. Field teams will be established with representatives selected by Esquimalt Nation to conduct field reconnaissance of areas identified to be of

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Upon observing a traditional marine resource use site or feature, it will be described in writing, its location recorded on a sketch map and by using a handheld Global Positioning System (GPS) and digital photographs will be taken, if culturally appropriate. The proximity of the traditional marine resource use site or feature to the shipping lanes and the importance of each site will be discussed at its location in the field, taking into account its setting within the context of local knowledge, history, existing conditions, potential effects and applicable federal regulations and other guidelines pertinent to marine shipping activities.

3.6.4 Results Review/Reporting Identification of traditional marine resource use sites and discussions of recommended mitigation measures will be conducted directly with Esquimalt Nation representatives during the field reconnaissance. This information will be used to create two reports, a detailed community-specific report and a public summary report to be filed with the NEB. The detailed community report documents Esquimalt Nation's traditional marine resource use involvement and the results of the field reconnaissance, including the confidential and proprietary information provided by the TMRU study participants. Confirmation of the accuracy of the information incorporated and approval of the inclusion of the confidential and proprietary information in Project planning occurred during community results review follow-up with TERA.

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4.0 RESULTS OF DESKTOP STUDY AND LITERATURE REVIEW 4.1 General Information This section provides publicly available regional and local traditional marine resource use information for Aboriginal communities most likely to be affected by the increase in Project-related marine vessel traffic (as identified in Section 1.1.1). Much of the publicly available literature relevant to the Marine RSA consists of data compiled by representative organizations acting on behalf of one or more Aboriginal communities with shared areas of interest and use within their asserted traditional territories. Potential resource use issues within the RSA and identification of historic and current use of areas within the RSA by potentially affected Aboriginal communities to maintain a traditional lifestyle are described in Table 4.1. These results will be verified and augmented through field data collection by potentially affected communities.

TABLE 4.1

RESULTS OF DESKTOP STUDY AND LITERATURE REVIEW – TRADITIONAL MARINE RESOURCE USE WITHIN OR IN PROXIMITY TO THE MARINE REGIONAL STUDY AREA

Location Shipping Lanes Relative to Crossed to Access Location Activity/Site Type Description Marine RSA Activity/Site? Beecher Bay Marine resource Species harvested by Scia’new Indian Band include: salmon Within RSA No harvesting and fishing (Chinook, pink, coho, chum); cod (ling, pacific, black); halibut; trout (cutthroat); dogfish; shiners; herring; and sole. Boatswain Bank Marine resource Species harvested by Pauquachin First Nation, Tsawout First Within RSA No harvesting and fishing Nation, Tsartlip First Nation and Semiahmoo First Nation include: barnacles; butter, cockle, manila, horse and littleneck clams; Dungeness and red rock crab; giant red chiton; green and red sea urchin; mussels; native and Pacific oysters; northern abalone; octopus; prawns; sea cucumber; herring roe; grey whales; killer whales; Steller sea lions; Pacific white-sided dolphins; harbor seals; porpoises; skate; octopus; waterfowl; seaweed; sea lettuce; kelp; red lavers; salmon (sockeye, Chinook, chum, coho, pink); steelhead; anchovies; bullhead; dogfish; sole; halibut; herring; cod (rock and ling); and red snapper. Boundary Bay Marine bird harvesting Ducks, geese harvested by Tsawwassen First Nation. Within RSA No sites Burrard Inlet Fishing Salmon fished by Tsleil-Waututh First Nation and Squamish Within RSA Yes Nation. Cape Keppel Marine resource Species harvested by Pauquachin First Nation, Tsawout First Within RSA No harvesting and fishing Nation, Tsartlip First Nation and Semiahmoo First Nation include: barnacles; butter, cockle, manila, horse and littleneck clams; Dungeness and red rock crab; giant red chiton; green and red sea urchin; mussels; native and Pacific oysters; northern abalone; octopus; prawns; sea cucumber; herring roe; grey whales; killer whales; Steller sea lions; Pacific white-sided dolphins; harbour seals; porpoises; skate; octopus; waterfowl; seaweed; sea lettuce; kelp; red lavers; salmon (sockeye, Chinook, chum, coho, pink); steelhead; anchovies; bullhead; dogfish; sole; halibut; herring; cod (rock and ling); and red snapper. Cannery Point Marine resource Species harvested by Tsawwassen First Nation include: clams; Within RSA, Yes harvesting blue mussels, cockles and crabs. depending on the extent of fishing area, may enter United States (US) waters

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TABLE 4.1 Cont'd

Shipping Lanes Relative to Crossed to Access Location Activity/Site Type Description Marine RSA Activity/Site? Cannery Point Fishing Tsawwassen First Nation fishes salmon and sturgeon. Within RSA, Yes (cont’d) depending on the extent of fishing area, may enter US waters Chemainus Bay/ Settlement area Halalt First Nation, Hwlitsum First Nation, Lyackson First Within RSA No Chemainus River Nation, Penelakut First Nation, and Stz’uminus First Nation. Estuary Harvesting of marine Seals, porpoises, and sea lions harvested by Halalt First Within RSA No mammals Nation, Hwlitsum First Nation, Lyackson First Nation, Penelakut First Nation and Stz’uminus First Nation. Marine hunting of Ducks, geese hunted by Halalt First Nation, Hwlitsum First Within RSA No waterfowl Nation, Lyackson First Nation, Penelakut First Nation and Stz’uminus First Nation. Chemainus River Ceremonial and Halalt First Nation, Hwlitsum First Nation, Lyackson First Within RSA No Estuary cultural site Nation, Penelakut First Nation, and Stz’uminus First Nation Cowichan and Travelways Cowichan Tribes. From Vancouver Yes Koksilah rivers Island to within RSA Craigflower Creek Historically fished Fished by Esquimalt Nation. From Vancouver No Island to within RSA Fraser River Settlement areas Halalt First Nation, Hwlitsum First Nation, Lyackson First From mainland to No Nation, Penelakut First Nation, Kwikwetlum First Nation and within RSA Stz’uminus First Nation. Fishing Salmon and sturgeon fished by Tsawwassen First Nation, From mainland to No Musqueam Indian Band, Tsleil-Waututh First Nation and within RSA Tseycum First Nation. Historically fished Kwikwetlum First Nation historically fished for salmon, From Mainland to No sturgeon, euchalon, trout, catfish and carp. within RSA Fulford Harbour Harvesting of marine Seals, porpoises, and sea lions harvested by Halalt First Within RSA Yes (Salt Spring mammals Nation, Hwlitsum First Nation, Lyackson First Nation, Island) Penelakut First Nation, Stz’uminus First Nation, Pauquachin First Nation, Tsawout First Nation, Tsartlip First Nation and Semiahmoo First Nation. Marine fishing Ling cod, halibut, salmon, herring spawn, and clams fished by Within RSA Yes Pauquachin First Nation, Tsawout First Nation, Tsartlip First Nation and Semiahmoo First Nation. Marine hunting of Ducks and geese hunted by Halalt First Nation, Hwlitsum First Within RSA No waterfowl Nation, Lyackson First Nation, Penelakut First Nation and Stz’uminus First Nation. Gabriola Passage Harvesting of marine Species harvested by Halalt First Nation, Hwlitsum First Within RSA No species Nation, Lyackson First Nation, Penelakut First Nation and Stz’uminus First Nation include: barnacles; butter, cockle, manila, horse and littleneck clams; Dungeness and red rock crab; giant red chiton; green and red sea urchin; mussels; native and Pacific oysters; northern abalone; octopus; prawns; sea cucumber; and herring roe.

Gorge Waterway Marine resource Esquimalt Nation harvests: kelp, eelgrass, salmon (Chinook, Within RSA, No harvesting and fishing pink, coho, chum, sockeye), cod (ling, pacific, black), sturgeon, depending on the site halibut, trout, dogfish, shiners, herring and sole; hunts: whales, extent of harvest seals, ducks and geese. area, may enter US waters

Gorge Rapids Sacred site Esquimalt Nation. Within RSA No near Admirals Street Bridge

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TABLE 4.1 Cont'd

Shipping Lanes Relative to Crossed to Access Location Activity/Site Type Description Marine RSA Activity/Site? Gulf Islands Marine harvesting Species harvested by Halalt First Nation, Hwlitsum First Within RSA Yes Nation, Lyackson First Nation, Penelakut First Nation, Stz’uminus First Nation, Pauquachin First Nation, Tsawout First Nation, Tsartlip First Nation and Semiahmoo First Nation include: barnacles; butter, cockle, manila, horse and littleneck clams; Dungeness and red rock crab; giant red chiton; green and red sea urchin; mussels; native and Pacific oysters; northern abalone; octopus; prawns; sea cucumber; and herring roe. Summer camps Pauquachin First Nation, Tsawout First Nation, Tsartlip First Within RSA Yes Nation and Semiahmoo First Nation. Fishing Salmon fished by Tsawwassen First Nation, Pauquachin First Within RSA, Yes Nation, Tsawout First Nation, Tsartlip First Nation and depending on the Semiahmoo First Nation. extent of fishing area, may enter US waters Kulleet Bay Settlement area Halalt First Nation, Hwlitsum First Nation, Lyackson First Within RSA No Nation, Penelakut First Nation, and Stz’uminus First Nation. Marine harvesting Species harvested by Halalt First Nation, Hwlitsum First Within RSA No Nation, Lyackson First Nation, Penelakut First Nation, and Stz’uminus First Nation include: barnacles; butter, cockle, manila, horse and littleneck clams; Dungeness and red rock crab; giant red chiton; green and red sea urchin; mussels; native and Pacific oysters; northern abalone; octopus; prawns; sea cucumber; and herring roe. Kuper Island Settlement area Halalt First Nation, Hwlitsum First Nation, Lyackson First Within RSA No Nation, Penelakut First Nation, and Stz’uminus First Nation. Marine harvesting Species harvested by Halalt First Nation, Hwlitsum First Within RSA No Nation, Lyackson First Nation, Penelakut First Nation, and Stz’uminus First Nation include: barnacles; butter, cockle, manila, horse and littleneck clams; Dungeness and red rock crab; giant red chiton; green and red sea urchin; mussels; native and Pacific oysters; northern abalone; octopus; prawns; sea cucumber; and herring roe. Lighthouse Point Marine harvesting Tsawwassen First Nation harvests clams, blue mussels, Within RSA No cockles and crabs. Lulu Island Summer base camp Cowichan Tribes. From mainland to Extent of fishing area within RSA is unknown Marine fishing Tsawwassen First Nation fishes sturgeon. Within RSA No Macaulay Point Marine fishing Esquimalt Nation fishes salmon (Chinook, pink, coho, chum, Within RSA No sockeye), cod (ling, pacific, black), sturgeon, halibut, trout, dogfish, shiners, herring and sole. Mayne Island Marine harvesting and Species harvested and fished by Pauquachin First Nation, Within RSA, Yes fishing Tsawout First Nation, Tsartlip First Nation and Semiahmoo depending on the by Semiahmoo First First Nation include: barnacles; butter, cockle, manila, horse extent of fishing Nation and littleneck clams; Dungeness and red rock crab; giant red area, may enter chiton; green and red sea urchin; mussels; native and Pacific US waters oysters; northern abalone; octopus; prawns; sea cucumber; herring roe; grey whales; killer whales; Steller sea lions; Pacific white-sided dolphins; harbour seals; porpoises; skate; octopus; and waterfowl; seaweed; sea lettuce; kelp; red lavers; salmon (sockeye, Chinook, chum, coho, pink); , steelhead; anchovies; bullhead; dogfish; sole; halibut; herring; cod (rock and ling); and red snapper. Mill Bay Marina Burial site Malahat First Nation. Within RSA No Mount Prevost Sacred site Cowichan Tribes. From Vancouver No Island to within RSA

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TABLE 4.1 Cont'd

Shipping Lanes Relative to Crossed to Access Location Activity/Site Type Description Marine RSA Activity/Site? Montague Marine harvesting Species harvested by Halalt First Nation, Hwlitsum First Within RSA Yes Harbour on Nation, Lyackson First Nation, Penelakut First Nation, and Galiano Island Stz’uminus First Nation include clams, sea urchins, and seaweed. Fishing Species fished by Halalt First Nation, Hwlitsum First Nation, Within RSA, Extent of fishing area Lyackson First Nation, Penelakut First Nation, and Stz’uminus depending on the is unknown First Nation include salmon, herring, cod, flounder and halibut. extent of fishing area, may enter US waters Fishing camps Halalt First Nation, Hwlitsum First Nation, Lyackson First Within RSA No Nation, Penelakut First Nation, and Stz’uminus First Nation. Oyster Bay Settlement Halalt First Nation, Hwlitsum First Nation, Lyackson First Within RSA No Nation, Penelakut First Nation and Stz’uminus First Nation Marine harvesting Species harvested by Halalt First Nation, Hwlitsum First Within RSA No Nation, Lyackson First Nation, Penelakut First Nation, and Stz’uminus First Nation include: grey whales; Steller sea lions; Fraser River Pacific white-sided dolphins; killer whales; harbour seals; and porpoises. Pender Island Marine harvesting and Species harvested and fished by Pauquachin First Nation, Within RSA Yes fishing Tsawout First Nation, Tsartlip First Nation and Semiahmoo by Semiahmoo First First Nation include: barnacles; butter, cockle, manila, horse Nation and littleneck clams; Dungeness and red rock crab; giant red chiton; green and red sea urchin; mussels; native and Pacific oysters; northern abalone; octopus; prawns; sea cucumber; herring roe; grey whales; killer whales; Steller sea lions; Pacific white-sided dolphins; harbour seals; porpoises; skate; octopus; waterfowl; seaweed; sea lettuce; kelp; red lavers; salmon (sockeye, Chinook, chum, coho, pink); steelhead; anchovies; bullhead; dogfish; sole; halibut; herring; cod (rock and ling); and red snapper. Roberts Bank Fishing site Tsawwassen First Nation fishes sturgeon and salmon. Within RSA Extent of fishing area is unknown Marine harvesting Tsawwassen First Nation harvests clams, blue mussels, Within RSA No cockles and crabs. Saanich Inlet Fishing site Species fished by Pauquachin First Nation, Tsawout First Within RSA No Nation, Tsartlip First Nation and Semiahmoo First Nation and Tseycum First Nation include fish rock and ling cod, salmon, herring fish and roe. Marine harvesting Species harvested by Pauquachin First Nation, Tsawout First Within RSA No Nation, Tsartlip First Nation and Semiahmoo First Nation and Tseycum First Nation include: clams, oysters, mussels, eelgrass, and crabs. Sacred area Pauquachin First Nation, Tsawout First Nation, Tsartlip First Within RSA Yes Nation and Semiahmoo First Nation. by Semiahmoo First Nation Salt Spring Island Marine harvesting and Species harvested and fished by Pauquachin First Nation, Within RSA Yes fishing Tsawout First Nation, Tsartlip First Nation and Semiahmoo by Semiahmoo First First Nation, Halalt First Nation, Hwlitsum First Nation, Nation Lyackson First Nation, Penelakut First Nation, and Stz’uminus First Nation include: clams, herring, herring spawn, crabs and seaweed. Marine bird hunting Ducks hunted by Halalt First Nation, Hwlitsum First Nation, Within RSA No Lyackson First Nation, Penelakut First Nation and Stz’uminus First Nation. Salt Spring Island Fishing site Species fished by Halalt First Nation, Hwlitsum First Nation, Within RSA Extent of fishing area (cont’d) Lyackson First Nation, Penelakut First Nation, and Stz’uminus is unknown First Nation include salmon cod, rock-cod, groundfish and octopus.

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TABLE 4.1 Cont'd

Shipping Lanes Relative to Crossed to Access Location Activity/Site Type Description Marine RSA Activity/Site? San Juan Islands Fishing, marine Pauquachin First Nation, Tsartlip First Nation, Tsawout First Within RSA, Yes resource harvesting Nation within US waters and settlement site Saturna Island Marine harvesting and Species harvested and fished by Pauquachin First Nation, Within RSA Yes fishing Tsawout First Nation, Tsartlip First Nation and Semiahmoo by Semiahmoo First First Nation include: barnacles; butter, cockle, manila, horse Nation and littleneck clams; Dungeness and red rock crab; giant red chiton; green and red sea urchin; mussels; native and Pacific oysters; northern abalone; octopus; prawns; sea cucumber; herring roe; grey whales; killer whales; Steller sea lions; Pacific white-sided dolphins; harbour seals; porpoises; skate; octopus; waterfowl; seaweed; sea lettuce; kelp; red lavers; salmon (sockeye, Chinook, chum, coho, pink); steelhead; anchovies; bullhead; dogfish; sole; halibut; herring; cod (rock and ling); and red snapper. Shawnigan Creek Historical settlement Malahat First Nation. Within RSA No Fishing site Malahat First Nation. Within RSA No Sidney Island Marine harvesting Species harvested by Pauquachin First Nation, Tsawout First Within RSA Yes Nation, Tsartlip First Nation and Semiahmoo First Nation by Semiahmoo First include: barnacles; butter, cockle, manila, horse and littleneck Nation clams; Dungeness and red rock crab; giant red chiton; green and red sea urchin; mussels; native and Pacific oysters; northern abalone; octopus; prawns; sea cucumber; herring roe; grey whales; killer whales; Steller sea lions; Pacific white-sided dolphins; harbour seals; porpoises; skate; octopus; waterfowl; seaweed; sea lettuce; kelp; red lavers; salmon (sockeye, Chinook, chum, coho, pink); steelhead; anchovies; bullhead; dogfish; sole; halibut; herring; cod (rock and ling); and red snapper. Strait of Georgia Fishing site Species fished by Cowichan Tribes, Halalt First Nation, Within RSA Yes Hwlitsum First Nation, Lyackson First Nation, Penelakut First Nation, Stz’uminus First Nation, Tsawwassen First Nation and Squamish Nation include: herring, cod, flounder and halibut. Fishing site Species fished by Cowichan Tribes, Halalt First Nation, Within RSA Yes Hwlitsum First Nation, Lyackson First Nation, Penelakut First Nation, Stz’uminus First Nation, Tsawwassen First Nation and Squamish Nation include: herring, cod, flounder and halibut. Marine harvesting Species harvested by Halalt First Nation, Hwlitsum First Within RSA Yes Nation, Lyackson First Nation, Penelakut First Nation, Stz’uminus First Nation, Esquimalt Nation and Squamish Nation include: littleneck clams; butterclams; horse clams; geoduck clams; basket cockles; oysters; scallops; mussels; chiton; crabs; sea cucumber; octopus; red and green sea urchins; kelp; rockweed; sea lettuce; ducks; barnacles; Dungeness crab; giant red chiton; manila clam; northern abalone; prawn; and red rock crab. Marine mammal and Species hunted by Halalt First Nation, Hwlitsum First Nation, Within RSA Yes bird hunting Lyackson First Nation, Penelakut First Nation, Stz’uminus First Nation, Esquimalt Nation and Squamish Nation include seals, sea lions, porpoises, whales, dolphins, ducks and geese. Thetis Island Marine mammal and Species hunted by Halalt First Nation, Hwlitsum First Nation, Within RSA No bird hunting Lyackson First Nation, Penelakut First Nation and Stz’uminus First Nation include: seals, sea lions, porpoises, whales, dolphins, ducks and geese. Valdes Island Settlement Halalt First Nation, Hwlitsum First Nation, Lyackson First Within RSA No Nation, Penelakut First Nation, and Stz’uminus First Nation. Vesuvius Bay Marine mammal and Species hunted by Halalt First Nation, Hwlitsum First Nation, Within RSA No bird hunting Lyackson First Nation, Penelakut First Nation and Stz’uminus First Nation include seals, sea lions, porpoises, whales, dolphins, ducks and geese.

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TABLE 4.1 Cont'd

Shipping Lanes Relative to Crossed to Access Location Activity/Site Type Description Marine RSA Activity/Site? Westham Island Marine bird hunting Tsawwassen First Nation hunts ducks, mallards and loons. Within RSA No Willy Island Marine mammal and Species hunted by Halalt First Nation, Hwlitsum First Nation, Within RSA No bird hunting Lyackson First Nation, Penelakut First Nation and Stz’uminus First Nation include seals, sea lions, porpoises, whales, dolphins, ducks and geese. Sources: BC Ministry of Environment Lands and Parks 1996, 1997, BC Transmission Corporation 2006, Cowichan Tribes 2013, Esquimalt Nation 2010a,b, Hul’qumi’num Treaty Group 2005, Jacques Whitford Ltd 2006, Metro Vancouver 2012, Musqueam Indian Band 2009, Port Renfrew Online 2011, Rose and Corbet 2004, Royal BC Museum 2013, Simpson and Bainas 2012, Squamish Nation, Land and Resources Committee 2001

4.2 United States Waters The shipping lanes are partially located in US waters and the Marine RSA extends into US waters in the following areas:

• Strait of Georgia, near Point Roberts, Washington (WA);

• Haro Strait, near San Juan Islands, WA; and

• Juan de Fuca Strait, near the Olympic Peninsula, Clallam County, WA.

Traditional marine resource use is expected to be similar in US and Canadian waters, given the similar types of marine environments in WA and BC and, where available, descriptions of existing conditions related to traditional marine resource use within US waters are included in Table 4.1 above and in Section 5.0 below.

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5.0 RESULTS OF TRADITIONAL MARINE RESOURCE USE STUDIES The following subsections provide the results to date of TMRU studies for all participating Aboriginal communities that may be affected by the increase in Project-related marine vessel traffic. A detailed summary of Trans Mountain’s engagement activities with each potentially affected Aboriginal community is provided in Volume 3B. 5.1 Esquimalt Nation

Trans Mountain and Esquimalt Nation have engaged in discussions to determine the community’s interest and a process for their involvement in Project activities and on August 29, 2013, Esquimalt Nation elected to conduct a TERA-facilitated TMRU study. The TMRU study included a map review and community interviews that focused on the Crown lands and waters within the asserted traditional territory of Esquimalt Nation crossed by the Marine RSA.

Esquimalt Nation provided their “Esquimalt Nation Consultation Memorandum of Understanding” to Trans Mountain on November 19, 2013, that describes their preliminary interests in the Project, including:

• rights to land, water and seabed within their territory;

• rights to both renewable and non-renewable resources;

• participating and accessing any wealth generation within their territory;

• ancient knowledge and wisdom; and

• heritage sites and spiritual places.

Trans Mountain provided an initial response in a letter sent to Esquimalt Nation on November 21, 2013.

The map review was held with Esquimalt Nation on November 12 and 13, 2013 at the Esquimalt Band Office in Esquimalt, BC. During this meeting, members of Esquimalt Nation examined the regional Project maps with TERA facilitators to determine what areas would be surveyed during planned ground reconnaissance (Figure 5.1).

The results of Esquimalt Nation TMRU study completed to date for the Project are provided below.

5.1.1 Community Participants TERA would like to thank the following community members of Esquimalt Nation for their time and assistance.

Chief: Andy Thomas

Elders: Elmer George, Mary Ann Thomas, Irene Thomas, Gordon Modeste, Louis Charle, Rene Thomas

Community Member: Joseph Thomas, Steve Thomas, Esther Thomas, Janice Rose, Barbara Lecoy

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UNITED STATES UNITED CANADA ! SATURNA ISLAND ISLAND 7 DELTA Point ! East Salish Sea Salish Boundary Bay Boundary ") ") SURREY WHITE ROCK SEMIAHMOO UV 99A UV 99 SCALE DATE NUMBER MAP Thisdocument is provided byKinder Morgan Canada Inc. (KMC) for DRAWN useby the intendedrecipient only. This informationis confidential Projection: UTM 10N. Baseline TMPL & Facilities: provided by provided Facilities: & TMPL Baseline 10N. UTM Projection: 201311_MAP_TERA_TLU_00500_REV0 recipient without the writtenconsent of KMC.It isnot to used be December2013 Resources Canada 2010; Parks and Protected Areas: Alberta Areas: Protected and Parks 2010; Canada Resources KMC 2012; Proposed Pipeline Corridor V6: provided by UPI by provided V6: Corridor Pipeline Proposed 2012; KMC forlegal, engineering or surveying purposes,nor for doingany Traditional Land Use: Land Traditional errors associated with the data used to generate this product this generate to used data the with associated errors andproprietary to KMC and is not tobe provided to any other O B A MBI U COL 2012; Geopolitical Boundaries: Natural Resources Canada Resources Natural Boundaries: Geopolitical 2012; Aug. 23, 2013; Transportation: Natural Resources Canada Resources Natural Transportation: 2013; 23, Aug. IDENTIFIED DURING MAP REVIEW MAP DURING IDENTIFIED workon or around KMC's pipelines and facilities, all of which 1:350,000 or in the product itself, users of these data are advised that advised are data these of users itself, product the in or Vancouver Tourism, Parks and Recreation 2012, Natural Resources Natural 2012, Recreation and Parks Tourism, (Burnaby) 3.5 Although there is no reason to believe that there are any are there that believe to reason no is there Although Canada 2013; Landsat 7 Panchromatic imagery: NASA imagery: 7 Panchromatic Landsat 2013; Canada 2003, AltaLIS, 2012; IHS Inc. 2013; Hydrology: Natural Hydrology: 2013; Inc. IHS 2012; AltaLIS, 2003, R ISH TI BRI TRADITIONAL LAND USE AREAS USE LAND TRADITIONAL ST 16 "/ "/ "/ !. George Prince TPH Quesnel Geospatial Interoperability Program 2005. Program Interoperability Geospatial Lake Williams EXPANSION PROJECT !( require KMC's prior writtenapproval. 97 ESQUIMALTNATION errors in the data may be present. be may data the in errors TRANS MOUNTAIN TRANS Kamloops AllLocationsApproximate Hunting/Fishing Hunting Sites Habitation Areas Gathering Fishing IndianReserve (IR) ProvincialPark InternationalBoundary Railway PrimaryHighway TransPipeline (TMPL) Mountain ProposedPipeline Corridor TransExpansion Mountain Project ExistingPump Station Pump Station (Reactivation) Scraper Facilities) StationModifications and/or Pump Station (Pump Additions, Kilometre (KP) Post Creek Dawson 0 Valemount Blue River Blue !( CHECKED 97 !( PAGE SIZE PAGE TERA REF. TERA 16 FIGURE 5.1 FIGURE Hope Darfield 3.5 11x17 7894 Hinton TGG Kelowna Prairie Grande Jasper !( RTA ALBE 43 !( 1 SA US Edmonton DISCIPLINE PAGE REVISION DESIGN Edson 7 SHEET1OF !( 2 !( Calgary 3 Deer Red TGG TLU !( 0 2 10.5 km !( 2 Trans Mountain Pipeline ULC Volume 8B, Marine Transportation Technical Reports Trans Mountain Expansion Project Traditional Marine Resource Use – Marine Transportation Technical Report

5.1.2 Results The map review and interviews did not reveal any traditional marine resource use sites within the Marine RSA requiring mitigation as requested by Esquimalt Nation.

5.1.2.1 Travelways An Elder shared a story about boats being the main mode of community transportation, allowing access to different islands. In the past, community members would use the tide’s direction to travel in canoes. People understood how the currents and tides worked and how far out to go. There was concern that Project-related marine vessel traffic will disturb the water affecting boat transportation. Community members also expressed concern regarding spills within marine travelways.

No travelways were identified within the Marine RSA during the TMRU study and no mitigation was requested for travelways by Esquimalt Nation.

5.1.2.2 Plant Gathering Esquimalt Nation identified gathering of salmon berries at Goldstream, approximately 25 km north of the shipping lanes and north of the Marine RSA. The shipping lanes are not crossed to reach this location. Esquimalt Nation community members used to harvest plants close to home and now they must travel a great distance to plant gathering locations. The community still practices traditional healing using plants harvested from the land, but not from the water due to concerns of possible contamination.

No plant gathering sites were identified within the Marine RSA during the TMRU study and no mitigation was requested for plant gathering sites by Esquimalt Nation.

5.1.2.3 Hunting Esquimalt Nation identified several hunting sites during the TMRU study for the Project, detailed in Table 5.1.

TABLE 5.1

HUNTING SITES IDENTIFIED BY ESQUIMALT NATION

Relative to Relative to Marine Shipping Lanes Crossed Location Description Shipping Lanes RSA to Access Activity/Site? Bear Mountain Ducks in the past 14 km northwest Northwest of RSA No Goldstream Deer and elk in 25 km north North of RSA No the past Sooke Inlet Ducks in the past 8 km north Within RSA No East Sooke Park Ducks and deer 10 km north North of RSA No in the past Esquimalt Ducks in the past 7.5 km northwest Northwest of RSA No Lagoon

One hunting site was identified within the Marine RSA during the TMRU study. The shipping lanes are not crossed to access the hunting site at Sooke Inlet. No mitigation was requested for hunting sites by Esquimalt Nation.

5.1.2.4 Fishing Esquimalt Nation identified several fishing sites during the TMRU study for the Project, detailed in Table 5.2.

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Community members fish chum and coho salmon in the fall at Goldstream using a gaff. Some community members do not fish anymore, but will still purchase fish from local boats. The communities spend a fair amount of time smoking fish, a skill learned from family and from travels. An Elder explained that chum salmon are usually used for smoking and other species are often salted and frozen. In the past, clam digging would occur from Esquimalt to Port Hardy. Community members continue to dig clams and pick oysters but have to travel further west to Sooke and Port Renfrew due to concerns of pollution. Contaminated water is also thought to have reduced the clam and crab populations within Esquimalt Harbour polluting. The community once harvested clams from the Naval Base but now head further out, on very low tide to harvest.

TABLE 5.2

FISHING SITES IDENTIFIED BY ESQUIMALT NATION

Shipping Lanes Relative to Marine Crossed to Access Location Description Relative to Shipping Lanes RSA Activity/Site? Goldstream Chum, coho, during low tides it is good 25 km north North of RSA No for sole harvesting. Site shared by many bands. Clam digging. Albert Head Ling Cod 4 km west Within RSA No Beacon Hill Sea Urchins 2 km north North of RSA No Ross Bay Sea Urchins 2 km north Within RSA No Dallas Road Salmon in the past 2 km off coast at Dallas Road Within RSA No Brother Island Scrooge Rocks, which are used to 3 km north Within RSA No collect ling cod eggs Race Rocks Ling cod 3 km north Within RSA No Salish Sea Halibut Encompasses portions of the Within RSA Yes outbound shipping lane Sidney Channel Salmon year round 10 km west Within RSA No Port Hardy Clam digging from Esquimalt to Port 3 km west From Vancouver No Hardy in the past. Island to within RSA Discovery Island Crabbing in the past 1 km west Within RSA No Catham Island Crabbing in the past 1 km west Within RSA No Saanich Clam digging at very low tide 11 km west West of RSA No Inskip Island Clam digging and rock sticker digging 6 km north Within RSA No at very low tide Beecher Bay Crabbing, clam digging, and octopus 5 km north Within RSA No harvest, salmon, halibut, ling cod Esquimalt Lagoon Clam digging and crabbing at Cooper’s 7.5 km northwest Northwest of RSA No Cove in the past Orveas Bay Collecting clams, mussels, oysters, and 7.5 km north Within RSA No urchins Sooke Basin Clam digging at every point on basin 10 km north Within RSA No beaches Fisgard Lighthouse Clams and rock stickers in the past 7.5 km northwest Northwest of RSA No Esquimalt Harbour Clams in the past 8 km northwest Within RSA No

Fifteen fishing sites were identified within the Marine RSA. A halibut fishing site within the Salish Sea encompasses a portion of the outbound shipping lane. No mitigation was requested for fishing sites by Esquimalt Nation.

5.1.2.5 Gathering Places Esquimalt Nation identified several habitation sites during the TMRU study for the Project, detailed in Table 5.3.

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The main village for Esquimalt Nation was previously located at Victoria Harbour, but moved when Victoria was being settled in the late 1800s.

TABLE 5.3

GATHERING PLACES IDENTIFIED BY ESQUIMALT NATION

Shipping Lanes Relative to Shipping Relative to Marine Crossed to Access Location Description Lanes RSA Activity/Site? Victoria Harbour Historic Village 3 km north North of the RSA No Portage Inlet Historic Village 6 km northwest Northwest of the RSA No Esquimalt Current Village 4.5 km northwest Northwest of the RSA No

No gathering places were identified within the Marine RSA during the TMRU study and no mitigation was requested for gathering places by Esquimalt Nation.

5.1.2.6 Sacred Areas Esquimalt Nation identified several sacred areas during the TMRU study for the Project, detailed in Table 5.4.

Small Pox Island was identified, where a naval base now resides. The community members mentioned that the island was named after a disease that took many lives and the dead were buried there. In the 1800s, the naval base took the bones from this burial site.

TABLE 5.4

SACRED AREAS IDENTIFIED BY ESQUIMALT NATION

Shipping Lanes Relative to Relative to Marine Crossed to Access Location Description Shipping Lanes RSA Activity/Site? Small Pox Island Burial site in the past, 6.5 km north North of the RSA No now a naval base Leprosy Island Burial site, also called 3 km west West of the RSA No D’Arcy Island Beecher Bay Rock Art site 5 km north On land, adjacent RSA No Large Bedford Island Rock Art site 5 km north On land, adjacent RSA No

Two sacred areas were identified on land adjacent to the waters of the Marine RSA during the TMRU study. The shipping lanes are not crossed to access these sacred areas. No mitigation was requested for sacred areas by Esquimalt Nation.

5.2 Cowichan Tribes Cowichan Tribes is currently conducting an independent, community-facilitated TMRU study for the Project. As a member of the Cowichan Nation Alliance, Cowichan Tribes is also working in partnership with Stz’uminus First Nation, Hwlitsum First Nation, Penelakut First Nation and Halalt First Nation in their engagement with Trans Mountain. Cowichan Tribes is taking a leadership role in the coordination of the Cowichan Nation Alliance.

On behalf of Cowichan Tribes, the Cowichan Nation Alliance provided their ‘Comments on the Summary of the Proposed Approach to the Environmental and Socio-Economic Assessment for the Trans Mountain Pipeline ULC’s Trans Mountain Expansion Project’ to Trans Mountain on July 31, 2013 that describes their preliminary interests in the Project including:

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• marine transportation of bitumen-based crude oil by tankers within the Salish Sea;

• potential spill risks associated with the rights, values and interests and the consequences of such an event would be utterly devastating to the local communities and the natural environment that helps to sustain them; and

• remediation and/or protection of sensitive spiritual or cultural sites.

The Cowichan Nation Alliance also identified broad concerns within their ‘Comments on the Summary of the Proposed Approach to the Environmental and Socio-Economic Assessment for the Trans Mountain Pipeline ULC’s Trans Mountain Expansion Project’ including:

• requests for a full evaluation of the technical and institutional risks and challenges for managing a tanker casualty and cargo spill;

• need for a process that recognizes the cultural, social, economic, and ecological values of coastal First Nations; provides mechanisms for ongoing First Nations’ oversight on tanker casualty risk, prevention, and response; and establishes explicit criteria related to transparency of information and people involved in preparing the technical submission;

• need for assessments and evidence that are forward-viewing, and not solely based on past results of previous terminal and tanker traffic industrial projects;

• shift to an approach that balances economic efficiency with other criteria, such as a comprehensive assessment that adequately considers the risks and the need for long-term studies, public participation and engagement with First Nations; and

• need for detailed information on how the remediation of sensitive habitats, for example spawning grounds, will occur.

Trans Mountain provided an initial response in a letter sent to Cowichan Nation Alliance on October 28, 2013.

Table 5.5 provides the results to date of the preliminary interests identified by Cowichan Nation Alliance on behalf of Cowichan Tribes.

TABLE 5.5

TRADITIONAL MARINE RESOURCE USE IDENTIFIED TO DATE BY COWICHAN TRIBES WITHIN OR IN PROXIMITY TO THE MARINE REGIONAL STUDY AREA

Relative to Shipping Lanes Crossed Location Activity/Site Type Description Marine RSA to Access Activity/Site? Salish Sea Subsistence activities No details Within RSA Unknown provided Unspecified Cultural sites No details Unknown Unknown provided

Additional issues of concern, traditional use sites or features identified through ongoing engagement with Cowichan Tribes will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and recommendations for mitigation measures made to date. The results of these ongoing engagement efforts will be provided to the NEB.

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5.3 Halalt First Nation Halalt First Nation is currently conducting an independent, community-facilitated TMRU study for the Project. As a member of the Cowichan Nation Alliance, Halalt First Nation is also working in partnership with Stz’uminus First Nation, Hwlitsum First Nation, Penelakut First Nation and Cowichan Tribes in their engagement with Trans Mountain.

On behalf of Halalt First Nation, the Cowichan Nation Alliance provided their ‘Comments on the Summary of the Proposed Approach to the Environmental and Socio-Economic Assessment for the Trans Mountain Pipeline ULC’s Trans Mountain Expansion Project’ to Trans Mountain on July 31, 2013 that describes their preliminary interests in the Project including, detailed in Section 5.2.

Additional issues of concern, traditional use sites or features identified through ongoing engagement with Halalt First Nation will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB.

5.4 Hwlitsum First Nation Hwlitsum First Nation is currently conducting an independent, community-facilitated TMRU study for the Project. As a member of the Cowichan Nation Alliance, Hwlitsum First Nation is also working in partnership with Stz’uminus First Nation, Halalt First Nation, Penelakut First Nation and Cowichan Tribes in their engagement with Trans Mountain.

Hwlitsum First Nation provided their ‘Preliminary Aboriginal & Socio-Economic Interests’ to Trans Mountain on October 9, 2013, that describes their preliminary interests in the Project, including:

• harvesting, hunting and trapping;

• fish, fish habitat, wetlands and aquatics;

• birds and bird habitats;

• trees and vegetation (both for food and medicinal purposes);

• ancient knowledge and wisdom;

• sacred areas; and

• contaminants and spills affecting wildlife and species at risk.

Hwlitsum First Nation also notes that they do not see themselves as opponents to the Project and Project-related marine vessel traffic. Hwlitsum First Nation requests the opportunity to put forward proposals that would reduce the chances of spills, increase the chances of an effective clean up and ensure that important spiritual, cultural and fish habitat sites are remediated.

Trans Mountain provided an initial response in a letter sent to Hwlitsum First Nation on October 28, 2013.

In addition, on behalf of Hwlitsum First Nation, the Cowichan Nation Alliance provided their ‘Comments on the Summary of the Proposed Approach to the Environmental and Socio-Economic Assessment for the Trans Mountain Pipeline ULC’s Trans Mountain Expansion Project’ to Trans Mountain on July 31, 2013 that describes their preliminary interests in the Project, detailed in Section 5.2.

Additional issues of concern, traditional use sites or features identified through ongoing engagement with Hwlitsum First Nation will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB.

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5.5 Penelakut First Nation Penelakut First Nation is currently conducting an independent, community-facilitated TMRU study for the Project. As a member of the Cowichan Nation Alliance, Penelakut First Nation is also working in partnership with Stz’uminus First Nation, Halalt First Nation, Hwlitsum First Nation and Cowichan Tribes in their engagement with Trans Mountain.

On behalf of Penelakut First Nation, the Cowichan Nation Alliance provided their ‘Comments on the Summary of the Proposed Approach to the Environmental and Socio-Economic Assessment for the Trans Mountain Pipeline ULC’s Trans Mountain Expansion Project’ to Trans Mountain on July 31, 2013 that describes their preliminary interests in the Project, detailed in Section 5.2.

Additional issues of concern, traditional use sites or features identified through ongoing engagement with Penelakut First Nation will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB.

5.6 Semiahmoo First Nation Semiahmoo First Nation is currently conducting an independent, community-facilitated TMRU study for the Project. Semiahmoo First Nation provided their ‘Initial List of Aboriginal Interests’ to Trans Mountain on August 6, 2013 that describes their preliminary interests in the Project including:

• potential for spills within Semiahmoo First Nation’s traditional territory, which could eliminate any traditional or cultural fishing;

• potential impacts to land and water and in particular the ability to practice their traditions and culture; and

• potential impacts to traditional fishing and shellfish gathering sites.

Semiahmoo First Nation also identified broad concerns within their ‘Initial List of Aboriginal Interests’ including:

• potential cumulative impacts of land alienation and development within Semiahmoo First Nation’s asserted traditional territory;

• closure of salmon and shellfish fisheries due to pollution in traditional fishing areas including Semiahmoo Bay, Boundary Bay, Mud Bay and the Strait of Georgia; and

• cumulative impacts of land alienation and development within Semiahmoo First Nation’s traditional territory, which have resulted in Semiahmoo First Nation being on a permanent boil water advisory.

Trans Mountain provided an initial response in a letter sent to Semiahmoo First Nation on October 28, 2013.

Table 5.6 provides the results to date of the preliminary interests identified by Semiahmoo First Nation.

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TABLE 5.6

TRADITIONAL MARINE RESOURCE USE IDENTIFIED TO DATE BY SEMIAHMOO FIRST NATION WITHIN OR IN PROXIMITY TO THE MARINE REGIONAL STUDY AREA

Relative to Marine Shipping Lanes Crossed to Location Activity/Site Type Description RSA Access Activity/Site? Semiahmoo Bay Subsistence activities and sites Traditional fishing area Within RSA Unknown Boundary Bay Subsistence activities and sites Traditional fishing area Within RSA Unknown Mud Bay Subsistence activities and sites Traditional fishing area Within RSA Unknown Strait of Georgia Subsistence activities and sites Traditional fishing area Within RSA Unknown Unspecified Subsistence activities and sites Traditional fishing and Unknown Unknown shellfish gathering sites Unspecified Cultural sites Traditional practices and Unknown Unknown culture

Additional issues of concern, traditional marine land use sites or features identified through ongoing engagement with Semiahmoo First Nation will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB.

5.7 Stz’uminus First Nation (Chemainus) Stz’uminus First Nation is currently conducting an independent, community-facilitated TMRU study for the Project. As a member of the Cowichan Nation Alliance, Stz’uminus First Nation is also working in partnership with Penelakut First Nation, Halalt First Nation, Hwlitsum First Nation and Cowichan Tribes in their engagement with Trans Mountain.

Additional issues of concern, traditional use sites or features identified through ongoing engagement with Stz’uminus First Nation will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB.

5.8 Lyackson First Nation Trans Mountain and Lyackson First Nation have engaged in discussions to determine the community’s interest and a process for their involvement in Project activities. Lyackson First Nation elected to conduct an independent, community-facilitated TMRU study for the Project.

Issues of concern, traditional use sites or features identified through ongoing engagement with Lyackson First Nation will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB.

5.9 Pacheedaht First Nation Trans Mountain and Pacheedaht First Nation have engaged in discussions to determine the community’s interest and a process for their involvement in Project activities. Pacheedaht First Nation elected to conduct an independent, community-facilitated TMRU study for the Project.

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Issues of concern, traditional use sites or features identified through ongoing engagement with Pacheedaht First Nation will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB.

5.10 Katzie First Nation Trans Mountain has shared Project information and invited Katzie First Nation to participate in the development of a TMRU study. Trans Mountain will continue to share Project information with Katzie First Nation and to support Katzie First Nation participation in Project activities. Interest in a TMRU study will be determined by Katzie First Nation.

Issues of concern, traditional use sites or features identified through ongoing engagement with Katzie First Nation will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB.

5.11 Kwikwetlem First Nation Trans Mountain has shared Project information and invited Kwikwetlem First Nation to participate in the development of a TMRU study. Trans Mountain will continue to share Project information with Kwikwetlem First Nation and to support Kwikwetlem First Nation participation in Project activities. Interest in a TMRU study will be determined by Kwikwetlem First Nation.

Issues of concern, traditional use sites or features identified through ongoing engagement with Kwikwetlem First Nation will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB.

5.12 Musqueam Indian Band Trans Mountain has shared Project information and invited Musqueam Indian Band to participate in the development of a TMRU study. Trans Mountain will continue to share Project information with Musqueam Indian Band and to support Musqueam Indian Band participation in Project activities. Interest in a TMRU study will be determined by Musqueam Indian Band.

Issues of concern, traditional use sites or features identified through ongoing engagement with Musqueam Indian Band will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB.

5.13 Malahat First Nation Trans Mountain has shared Project information and invited Malahat First Nation to participate in the development of a TMRU study. Trans Mountain will continue to share Project information with Malahat First Nation and to support Malahat First Nation participation in Project activities. Interest in a TMRU study will be determined by Malahat First Nation.

Issues of concern, traditional use sites or features identified through ongoing engagement with Malahat First Nation will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB.

5.14 Pauquachin First Nation Trans Mountain has shared Project information and invited Pauquachin First Nation to participate in the development of a TMRU study. Trans Mountain will continue to share Project information with

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Pauquachin First Nation and to support Pauquachin First Nation participation in Project activities. Interest in a TMRU study will be determined by Pauquachin First Nation.

Issues of concern, traditional use sites or features identified through ongoing engagement with Pauquachin First Nation will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB.

5.15 Scia’new Indian Band (Beecher Bay Indian Band) Trans Mountain has shared Project information and invited Scia’new Indian Band to participate in the development of a TMRU study. Trans Mountain will continue to share Project information with Scia’new Indian Band and to support Scia’new Indian Band participation in Project activities. Interest in a TMRU study will be determined by Scia’new Indian Band.

Issues of concern, traditional use sites or features identified through ongoing engagement with Scia’new Indian Band will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB.

5.16 Squamish Nation Trans Mountain has shared Project information and invited Squamish Nation to participate in the development of a TMRU study. Trans Mountain will continue to share Project information with Squamish Nation and to support Squamish Nation participation in Project activities. Interest in a TMRU study will be determined by Squamish Nation.

Issues of concern, traditional use sites or features identified through ongoing engagement with Squamish Nation will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB.

5.17 Tsartlip First Nation Trans Mountain has shared Project information and invited Tsartlip First Nation to participate in the development of a TMRU study. Trans Mountain will continue to share Project information with Tsartlip First Nation and to support Tsartlip First Nation participation in Project activities. Interest in a TMRU study will be determined by Tsartlip First Nation.

Issues of concern, traditional use sites or features identified through ongoing engagement with Tsartlip First Nation will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB.

5.18 Tsawout First Nation Trans Mountain has shared Project information and invited Tsawout First Nation to participate in the development of a TMRU study. Trans Mountain will continue to share Project information with Tsawout First Nation and to support Tsawout First Nation participation in Project activities. Interest in a TMRU study will be determined by Tsawout First Nation.

Issues of concern, traditional use sites or features identified through ongoing engagement with Tsawout First Nation will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB.

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5.19 Tsawwassen First Nation Trans Mountain has shared Project information and invited Tsawwassen First Nation to participate in the development of a TMRU study. Trans Mountain will continue to share Project information with Tsawwassen First Nation and to support Tsawwassen First Nation participation in Project activities. Interest in a TMRU study will be determined by Tsawwassen First Nation.

Issues of concern, traditional use sites or features identified through ongoing engagement with Tsawwassen First Nation will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB.

5.20 Tseycum First Nation Trans Mountain has shared Project information and invited Tseycum First Nation to participate in the development of a TMRU study. Trans Mountain will continue to share Project information with Tseycum First Nation and to support Tseycum First Nation participation in Project activities. Interest in a TMRU study will be determined by Tseycum First Nation.

Issues of concern, traditional use sites or features identified through ongoing engagement with Tseycum First Nation will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB.

5.21 Tseil-Waututh Nation Trans Mountain has shared Project information and invited Tseil-Waututh Nation to participate in the development of a TMRU study. Trans Mountain will continue to share Project information with Tseil-Waututh Nation and to support Tseil-Waututh Nation participation in Project activities. Interest in a TMRU study will be determined by Tseil-Waututh Nation.

Issues of concern, traditional use sites or features identified through ongoing engagement with Tseil-Waututh Nation will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB.

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6.0 DISCUSSION AND MITIGATION RECOMMENDATIONS This section presents an overview of the potential effects on traditional marine resource use indicators associated with the Project-related increase in marine vessel traffic. This overview considers the potential interactions discussed in Section 3.1 in the context of the Project and the existing traditional marine resource use presented in previous sections.

6.1 General Recommendations The potential effects on traditional marine resource use indicators associated with the Project-related increase in marine vessel traffic listed in Table 6.1 were identified based on the results of the literature review, desktop analysis, and the results of engagement with potentially affected Aboriginal communities for the Project.

The Technical Review Process of Marine Terminal Systems and Transshipment Sites (TERMPOL) Origin, Destination and Marine Traffic Volume Survey (TERMPOL Study 3.2 in Volume 8C) describes current and projected marine traffic volumes in the Marine RSA, of which the Project-related increase is a small portion. Several control measures are related to federal and other regulations and practices regulating the marine shipping community pertaining to marine navigation safety and security, as well as harbour operations, which apply to vessels calling to Trans Mountain’s Westridge Marine Terminal. Trans Mountain is an active member of the maritime community and has opportunities to provide information about Project-related shipping to other marine users, including fishing industry organizations, Aboriginal communities and other affected stakeholders.

As noted, Trans Mountain does not own or operate the vessels calling at the Westridge Marine Terminal. While Trans Mountain can actively enforce vessels docked at the Westridge Marine Terminal to comply with Trans Mountain operating practices and standards, once a vessel departs from the terminal Trans Mountain has little direct control over the actions of vessel owners and operators. As discussed in Section 1.4.1 of Volume 8A, marine transportation in Canadian waters is authorized and regulated through the Canadian Shipping Act and related legislation and regulations administered by Transport Canada and the Canadian Coast Guard (CCG). The Canada Marine Act provides a regulatory framework for governing PMV, which manages harbour operations for marine areas under the jurisdiction of the Port Authority (i.e., Burrard Inlet, the Lower Fraser River, and the coastal waters of Delta and Richmond) (PMV 2013). PMV sets out procedures for safe and efficient navigation and environmental protection for the waters it controls. Consequently, any recommended mitigation measures to reduce the potential effects of the increase in Project-related marine vessel traffic described below identifies the party responsible for implementation, including the organizations responsible for various marine regulations and laws on the West Coast of Canada. Trans Mountain has opportunities to share information and practices, as indicated (e.g., encouraging reciprocal awareness and information sharing between Project-related shipping companies and other marine commercial, recreational and tourism users).

A summary of recommended mitigation measures provided in Table 6.1 are based on applicable federal regulations and other guidelines pertinent to marine shipping activities as overseen by Transport Canada, CCG, PMV, and Pacific Pilotage Authority.

The mitigation measures presented in this report will be discussed through ongoing engagement with interested Aboriginal communities. A comprehensive review of all the issues raised by each Aboriginal community and the key mitigation measures in place will also be conducted with each participating community.

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TABLE 6.1

POTENTIAL EFFECTS AND MITIGATION MEASURES - RELATED TO THE INCREASE IN PROJECT-RELATED MARINE VESSEL TRAFFIC ON TRADITIONAL MARINE RESOURCE USE

Spatial Potential Effect Boundary1 Key Mitigation Measures in Place/Additional Recommendations 1. Traditional Marine Resource Use Indicator – Subsistence Activities and Sites 1.1 Disruption of RSA • Refer to Section 4.3.7 Marine Mammals of Volume 8A for key recommendations and mitigation relevant to subsistence hunting sensory disturbance, wake waves, atmospheric and underwater noise and mammal injury or mortality. activities • Refer to Section 4.3.8 Marine Birds of Volume 8A for key recommendations and mitigation relevant to behavior alterations, sensory disturbance, wake waves, atmospheric and underwater noise and bird injury or mortality. • Refer to Section 4.3.3 Marine Air Emissions, Section 4.3.4 Marine Greenhouse Gas (GHG) Emissions and Section 4.3.5 Marine Acoustic Environment of Volume 8A for measures pertaining to nuisance air and noise emissions, respectively. • Project tankers shall utilize the common shipping lanes, already used by all large commercial vessels for passage between the Pacific Ocean and Port Metro Vancouver. • Trans Mountain will continue to provide information about Project-related shipping to other marine users. Specifically: − provide regular updated information on Project-related marine vessel traffic to fishing industry organizations, Aboriginal communities and other affected stakeholders, where possible, through the Chamber of Shipping of BC; and − initiate a public outreach program prior to Project operations phase. Communicate any applicable information on Project-related timing and scheduling with fishing industry organisations, Aboriginal communities and other affected stakeholders. • Transport Canada requires all vessels, including tankers, to comply with the International Regulations for Preventing Collisions at Sea (with Canadian Modifications) and other major international maritime conventions. • Transport Canada requires compliance by all vessels with the Canada Shipping Act, 2001, Collision Regulations, the Navigation Safety Regulations pursuant to the Act and other applicable regulations and standards, except government or military vessels. • The CCG ensures that all large vessels, including Project-related tankers, register with MCTS for communications with port authorities and CCG, and employ Automatic Identification Systems. • The CCG requires compliance with the CCG fishing vessel advisory notice for commercial ships and fishing vessels using the inside passage waters of BC during the commercial fishing season. This notice refers to all inside marine waters of BC. • The PPA requires compliance with the Pacific Pilotage Authority Notice to Industry 07/2013 (PPA 2013). Pilots of the BCCP ensure compliance. • PMV ensures compliance with PMV’s MRA regulations, including “Clear Narrows” regulations (PMV 2010). • To enhance preventive measures currently in place through applicable legislation and regulations, implement May 2013 recommendations of Canadian Marine Pilot’s Association Submission to the Tanker Safety Expert Panel. • Trans Mountain will ensure an untethered tug accompanies the Project-related tankers through the Strait of Georgia and between Race Rocks and the 12 nautical mile limit in addition to tug requirements to assist with navigation. The tug can be tethered for extra navigational assistance if needed. 1.2 Disruption of RSA • Mitigation measures listed in potential effect 1.1 are applied by the appropriate parties. subsistence fishing • Trans Mountain will ensure vessel owners and operators have appropriate processes in place to address vessel activities damage, gear loss or injury. • Transport Canada and the Transportation Safety Board carry out investigations at the appropriate level in case of a collision between vessels. • Refer to Section 4.3.13 Accidents and Malfunctions of Volume 8A. 1.3 Alteration of plant RSA • Mitigation measures listed in potential effects 1.1 and 1.2 are applied by the appropriate regulatory authorities. gathering sites 1.4 Disruption of use of RSA • Mitigation measures in potential effects 1.1 and 1.2 are applied by the appropriate regulatory authorities. travelways • Trans Mountain will provide regular updated information on Project-related marine vessel traffic to shipping associations, such as Chamber of Shipping. 2. Traditional Marine Resource Use – Cultural Sites 2.1 Disturbance of RSA • Mitigation measures in potential effects 1.1 and 1.2 will be applied by the appropriate regulatory authorities. gathering places • Trans Mountain will continue to engage affected Aboriginal communities, throughout the operational life of the Project. • Refer to Section 4.3.3 Marine Air Emissions, Section 4.3.4 Marine GHG Emissions and Section 4.3.5 Marine Acoustic Environment of Volume 8A for measures pertaining to nuisance air and noise emissions, respectively.

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TABLE 6.1 Cont'd

Spatial Potential Effect Boundary1 Key Mitigation Measures in Place/Additional Recommendations 2.2 Disturbance of RSA • Mitigation measures in potential effects 1.1 and 1.2 will be applied by the appropriate parties. sacred sites • Trans Mountain will continue to engage affected Aboriginal communities, throughout the operational life of the Project. • Refer to Section 4.3.3 Marine Air Emissions, Section 4.3.4 Marine GHG Emissions and Section 4.3.5 Marine Acoustic Environment of Volume 8A for measures pertaining to nuisance air and noise emissions, respectively. Note: 1 LSA = Marine LSA; RSA = Marine RSA.

6.2 Supplemental Studies The progress of each participating community’s TMRU study at the time of application filing is described in Section 5.0. Ongoing TMRU study work with participating Aboriginal communities is scheduled for completion prior to construction of the Project. Additional information gathered during ongoing TMRU studies will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB. Further details regarding additional studies are provided in Section 4.5 of Volume 8A.

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7.0 SUMMARY The Project will result in increased marine vessel traffic to and from the Westridge Marine Terminal in Burnaby, BC. Currently, in a typical month, five vessels are loaded with heavy crude oil (diluted bitumen) or synthetic crude oil at the terminal. The expanded system will be capable of serving 34 Aframax class vessels per month, with actual demand driven by market conditions. The maximum size of vessels (Aframax class) served at the terminal will not change as part of the Project. In addition to tanker traffic, the terminal typically loads three barges with oil per month and receives one or two barges of jet fuel per month for shipment on a separate pipeline system that serves YVR. Barge activity is not expected to change as a result of the expansion.

The results of the desktop analysis and literature review, the TMRU study and the preliminary interests identified to date indicate that Aboriginal communities have historically used and presently use the Marine RSA to maintain a traditional lifestyle and continue to use marine resources throughout the Marine RSA for a variety of purposes. This includes, but is not limited to fish, shellfish, mammal and bird harvesting, aquatic plant gathering, and spiritual/cultural pursuits as well as the use of navigable waters within the Marine RSA to access subsistence resources, neighbouring communities and coastal settlements.

The potential effects of Project-related marine vessels on TMRU include: disruption of subsistence hunting, fishing, and plant gathering activities; disruption of use of travelways; and the disturbance of gathering places and sacred areas.

Potential interactions with the TMRU of potentially affected Aboriginal communities already exist. However, the increased Project-related marine vessel traffic increases the likelihood of such interactions. All vessels are required to follow Transport Canada rules in order to avoid conflict when passing and possible collision.

Trans Mountain will continue to engage Aboriginal communities through all phases of the Project. Ongoing TMRU study work with participating Aboriginal communities is scheduled for completion prior to construction of the Project. Additional information gathered during ongoing TMRU studies will be considered for incorporation into Project planning under the guidance of existing marine transport regulations and mitigation recommendations made to date. The results of these ongoing engagement efforts will be provided to the NEB.

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8.0 REFERENCES 8.1 Literature Cited British Columbia Ministry of Environment Lands and Parks. 1996. Saanich Inlet Study Synthesis Report: Technical Version.

British Columbia Ministry of Environment Lands and Parks. 1997. First Nations Water Rights in British Columbia: A Historical Summary of the Rights of Beecher Bay First Nation. Prepared by Julie Steinhauer. Victoria, BC.

British Columbia Transmission Corporation. 2006. Environmental Assessment Certificate Application Vancouver Island Transmission Reinforcement Project First Nations Interests.

Cowichan Tribes. 2013. History of Cowichan Tribes. Website: www.cowichantribes.com/about/History. Accessed: March 2013.

Esquimalt Nation. 2010a. Esquimalt Nation Community Plan. Website: esquimaltnation.ca. Accessed: March 2013.

Esquimalt Nation. 2010b. Esquimalt Nation Treaty Definition and Traditional Government Structure, New Relationship Trust Status Report. Victoria, BC.

Hul’qumi’num Treaty Group. 2005. Shxunutun's Tu Suleluxwtst: In the Footsteps of our Ancestors: Summary of the Interim Strategic Land Use Plan for the Hul'qumi'num Core Traditional Territory. Ladysmith, BC.

Jacques Whitford Ltd. 2006. Environmental Assessment Certificate Application Vancouver Island Transmission Reinforcement Project First Nations Interests. Prepared for the British Columbia Transmission Corporation. Burnaby, BC.

Metro Vancouver. 2012. A Profile of First Nations, Tribal Councils, Treaty Groups and Associations with Interests within Metro Vancouver and Member Municipalities. Vancouver, BC.

Musqueam Indian Band. 2009. We Are of One Heart And Mind: Musqueam Phase 1 Land Use Plan Draft. Vancouver, BC.

National Energy Board, 2013a. A3K912 – Filing Requirements Related to the Potential Environmental and Socio-Economic Effects of Increased Marine Shipping Activities – Trans Mountain Expansion Project. September 2013.

National Energy Board. 2013b. NEB Filing Manual. Inclusive of Release 2013-03 (August 2013). Calgary, AB.

Pacific Pilotage Authority. 2013. Notice to Industry. Website: http://www.ppa.gc.ca/text/notice/Notice_to_Industry_2013- 03_Rules_for_Crude_Oil_Tankers_Boundary_Pass_Haro_Strait.pdf. Accessed: May 2013.

Port Metro Vancouver. 2010. Harbour Operations Manual. Website: http://www.portmetrovancouver.com/en/users/marineoperations/navigation.aspx. Accessed: April 2013.

Port Metro Vancouver. 2013. Port Metro Vancouver. Website: http://www.portmetrovancouver.com/en/default.aspx. Accessed: May 2013.

Port Renfrew Online. 2011. Pacheedaht History. Website: http://www.portrenfrew.com/pacheedaht1.htm. Accessed: April 2013.

Rose, A. and T. Corbet. 2004. Land Facing the Sea: A Fact Book. Prepared for Tsawwassen First Nation. Tsawwassen, BC.

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Royal BC Museum. 2013. Thunderbird Park. Place of Cultural Sharing. Website: http://www.royalbcmuseum.bc.ca/exhibits/tbird-park/html/pre/marine.htm Accessed: March 2013.

Simpson, S. and L. Bainas. 2012. Marina, Malahat First Nation at odds over reburial of remains. Cowichan Valley Citizen. Duncan, BC.

Squamish Nation, Land and Resources Committee. 2001. Xay Temixw Land Use Plan for the Forests and Wilderness of the Squamish Nation Traditional Territory, First Draft.

8.2 GIS Data and Mapping References BC Forests, Lands and Natural Resource Operations. 2007. Tantalis Regional Districts (digital file). Victoria, BC. Available:https://apps.gov.bc.ca/pub/dwds/home.so. Acquired: March 2011. Last Update Check: May 21, 2013.

BC Forests, Lands and Natural Resource Operations. 2008. Tantalis Parks, Ecological Reserves and Protected Areas (digital file). Victoria, BC. Available:https://apps.gov.bc.ca/pub/dwds/home.so. Acquired: August 2013. Last Update Check: August 1, 2013.

BC Forests, Lands and Natural Resource Operations. 2008. Tantalis Conservancy Areas (digital file). Victoria, BC. Available:https://apps.gov.bc.ca/pub/dwds/home.so. Acquired: May 2013. Last Update Check: May 21, 2013.

BC Forests, Lands and Natural Resource Operations. 2012. Digital Road Atlas (DRA) - Master Partially Attributed Road Data (digital file). Victoria, BC. Available: https://apps.gov.bc.ca/pub/dwds/home.so. Acquired: December 2012. Last Update Check: December 17, 2012.

ESRI Inc. 2013. World Shaded Relief map service (digital file). Redlands, CA. Available: via ArcGIS Online, visit http://www.arcgis.com/home/item.html?id=9c5370d0b54f4de1b48a3792d7377ff2. Acquired: June 2013. Last Accessed: November, 2013.

ESRI. 2005. US States (digital data). Redlands, CA. Available: http://www.esri.com/data/data-maps, data came with ArcGIS software. Acquired: September 2006. Last update check: N/A

Government of Canada. 2013. Aboriginal Lands, Canada (digital file). Edmonton, AB. Available: http://www.geobase.ca. Acquired: November 2013. Last Update Check: November 7, 2013.

IHS Inc. 2004. IHS Hydro Line Data (digital file). Calgary, AB. Available: http://energy.ihs.com/Solutions/Regions/Canada/. Acquired: June 2011. Last Update Check: October 23, 2013.

IHS Inc. 2004. IHS Hydro Region Data (digital file). Calgary, AB. Available: http://energy.ihs.com/Solutions/Regions/Canada/. Acquired: June 2011. Last Update Check: October 23, 2013.

IHS Inc. 2010. IHS Provincial Boundaries (digital file). Calgary, AB. Available: http://energy.ihs.com/Solutions/Regions/Canada/. Acquired: June 2011. Last Update Check: October 23, 2013.

IHS Inc. 2013. IHS Cities and Towns (digital file). Calgary, AB. Available: http://energy.ihs.com/Solutions/Regions/Canada/. Acquired: October 2013. Last Update Check: October 23, 2013.

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Kinder Morgan Canada. 2012. Baseline Routing (digital file). Calgary, AB. Received via FTP. Acquired: May 9, 2012. Last Update Check: N/A.

NASA Geospatial Interoperability Program. 2005. Landsat7 Panchromatic Mosaic Imagery (digital file). Available: http://onearth.jpl.nasa.gov. Acquired: January 2007.

Natural Resources Canada. 2003. Canadian Geographical Names (digital file). Ottawa, ON. Available: http://geobase.ca/geobase/en/data/cgn/index.html. Acquired: December 2011. Last Update Check: December 2011.

Natural Resources Canada. 2013. National Road Network - British Columbia (digital file). Sherbrooke, QC. Available: http://www.geobase.ca/geobase/en/data/nrn/index.html. Acquired: September 2013. Last Update Check: September 6, 2013.

United States National Imagery and Mapping Agency. 2000. Vector Map Level 0, Digital Chart of the World, Railroads (digital file). Bethesda, MD. Available: http://geoengine.nima.mil/ftpdir/archive/vpf_data/v0noa.tar.gz. Acquired: September 2009. Last Update Check: September 18, 2013.

UniversalPegasus International. 2013. Rev 6 Routing (digital file). Calgary, AB. Received via FTP. Acquired: August 23, 2013. Last Update Check: N/A.

IHS Inc. 2013. IHS Cities and Towns (digital file). Calgary, AB. Available: http://energy.ihs.com/Solutions/Regions/Canada/. Acquired: October 2013. Last Update Check: October 23, 2013.

IHS Inc. 2013. IHS First Nations (digital file). Calgary, AB. Available: http://energy.ihs.com/Solutions/Regions/Canada/. Acquired: October 2013. Last Update Check: October 23, 2013.

IHS Inc. 2013. IHS Road Segments (digital file). Calgary, AB. Available: http://energy.ihs.com/Solutions/Regions/Canada/. Acquired: November 20, 2013. Update Interval: Monthly

Government of Canada (Canadian Hydrographic Service). 2013. Nautical Chart (digital file). Vancouver, BC. Available: http://www.charts.gc.ca. Provided by KMC, April 2013. Last Update Check: N/A.

Kinder Morgan Canada. 2012. Baseline Routing (digital file). Calgary, AB. Received via FTP. Acquired: May 9, 2012. Last Update Check: N/A.

Moffatt & Nichol. 2013. Marine Vessel Route - Inbound (digital file). Vancouver, BC. Received via email. Acquired: March 15, 2013. Last Update Check: N/A.

Natural Resources Canada. 2013. National Road Network - Alberta (digital file). Sherbrooke, QC. Available: http://www.geobase.ca/geobase/en/data/nrn/index.html. Acquired: September 2013. Last Update Check: September 6, 2013.

Natural Resources Canada. 2012. CanVec -Transportation - 1020009 Railway (digital file). Sherbrooke, QC. Available: http://geogratis.cgdi.gc.ca/geogratis/en/download/topographic.html. Acquired: June 2012. Last Update Check: November 2012.

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Natural Resources Canada. 2013. Canada Lands Administrative Boundaries Level 1 (digital file). Ottawa, ON. Available: http://geogratis.gc.ca/api/en/nrcan-rncan/ess-sst/eb3757cc-d08b-5e62-9a44- 3a8534ff3249.html. Acquired: November 2013. Last Update Check: November 12, 2013.

TERA Environmental Consultants. 2008. Hillshade. Derived from Natural Resources Canada, Earth Sciences Sector, Centre for Topographic Information. 2000-2008. Canadian Digital Elevation Data 250k (digital files). Sherbrooke, QC. Available: http://www.geobase.ca/geobase/en/data/cded/index.html. Acquired: 2008. Last Update Check: December 2010.

UniversalPegasus International. 2013. Rev 6 Routing (digital file). Calgary, AB. Received via FTP. Acquired: August 23, 2013. Last Update Check: N/A.

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