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8. MARINE ECOLOGY 8.1 Introduction 8.1.1 This Section of the Report

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8. MARINE ECOLOGY 8.1 Introduction 8.1.1 This Section of the Report Further Development of Tseung Kwan O EIA Report 8. MARINE ECOLOGY 8.1 Introduction 8.1.1 This section of the Report identifies and evaluates the nature and extent of potential impacts arising from the Project, including reclamation for the proposed West Coast Road (WCR) and construction of the cross bay bridge, on the marine ecological resources within the Assessment Area. 8.1.2 The existing information on the marine ecological resources contained in previous assessments on various Tsueng Kwan O projects and other relevant reports and publications, has been reviewed in order to identify ecological sensitive areas and to establish the baseline ecological conditions of the Assessment Area. Where necessary, field visits were undertaken to check ecological baseline conditions presented in the literature. As stated in the TM EIAO, the aim of ecological impact assessment is to protect, maintain or rehabilitate the natural environment. Measures that are required to mitigate against potential significant impacts are recommended, where appropriate. 8.2 Environmental Legislation, Policies, Plans, Standards and Criteria 8.2.1 This Section makes reference to the following guidelines, standards, documents and the HKSAR Government ordinances and regulations when identifying habitats and species of ecological importance and evaluating ecological impacts: • Wild Animals Protection Ordinance (Cap. 170); • Animals and Plants (Protection of Endangered Species) Ordinance (Cap. 187) • Marine Parks Ordinance (Cap. 476) and subsidiary legislation; • Town Planning Ordinance (Cap. 131); • Sites of Special Scientific Interest Register; • Hong Kong Planning Standards and Guidelines (HKPSG) Chapter 10. • Environmental Impact Assessment Ordinance (Cap. 499) • Technical Memorandum on the Environmental Impact Assessment Process (EIAO-TM) • EIAO Guidance Note Nos. 6/2002, 7/2002 8.2.2 Under the Wild Animals Protection Ordinance (Cap. 170), designated wild animals are protected from being hunted, whilst their nests and eggs are protected from injury, destruction and removal. All marine cetaceans and sea turtles are protected under this Ordinance. The Second Schedule of the Ordinance, which lists all the animals protected, was last revised in June 1992. 8.2.3 The Animals and Plants (Protection of Endangered Species) Ordinance (Cap. 187) provides protection for certain plant and animal species through controlling or prohibiting trade in the species. Certain types of corals are listed in Schedule 1 and 2 of the Ordinance, including Blue coral (Heliopora coerulea), Organ pipe corals (family Tubiporidae), Black corals (order Antipatharia), Stony coral (order Scleractinia), Fire corals (family Milleporidae) and Lace corals (family Stylasteridae). The import, export and possession of scheduled corals, no matter dead or living, is restricted. 8.2.4 The Marine Parks Ordinance (Cap. 476) and Subsidiary Legislation allows for designation, control and management of marine parks and marine reserves through regulation of activities therein to protect, conserve and enhance the marine environment for the purposes of nature conservation, education, scientific research and recreation. The Ordinance came into effect on 1 June 1995. The Authority administering marine parks and reserves is the Country and Mauns ell 8-1 Further Development of Tseung Kwan O EIA Report Marine Parks Authority. 8.2.5 The amended Town Planning Ordinance (Cap. 131) provides for the designation of coastal protection areas, Sites of Special Scientific Interest (SSSIs), Conservation Area, Country Park, Green Belt or other specified uses that promote conservation or protection of the environment. The authority responsible for administering the Town Planning Ordinance is the Town Planning Board. 8.2.6 Chapter 10 of the HKPSG covers planning considerations relevant to conservation. This chapter details the principles of conservation, the conservation of natural landscape and habitats, historic buildings, archaeological sites and other antiquities. It also describes enforcement issues. The appendices list the legislation and administrative controls for conservation, other conservation related measures in Hong Kong and government departments involved in conservation. 8.2.7 Annex 16 of the TM-EIA sets out the general approach and methodology for assessment of ecological impacts arising from a project or proposal, to allow a complete and objective identification, prediction and evaluation of the potential ecological impacts. Annex 8 recommends the criteria that can be used for evaluating habitat and ecological impact. 8.2.8 EIAO Guidance Note No. 6/2002 clarifies the requirements of ecological assessments under the EIAO. 8.2.9 EIAO Guidance Note No. 7/2002 provides general guidelines for conducting ecological baseline surveys in order to fulfil requirements stipulated in the TM-EIA. 8.2.10 Furthermore, the assessment undertaken also makes reference to the following international conventions and conservation treatises. • Convention on the Conservation of Migratory Species of Wild Animals (the “Bonn Convention”) • United Nations Convention on Biodiversity (1992); • The PRC National Protection List of Important Wild Animals; • IUCN Red Data Books; and • Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES). • Key Protected Wildlife Species List 8.2.11 Convention on the Conservation of Migratory Species of Wild Animals (the Bonn Convention”) has two main objectives. These are a) to provide strict protection for species listed in Appendix I of the Convention (migratory species in danger of extinction throughout all or a significant portion of their range), and b) to encourage Range States for such species to conclude agreements for the conservation and management of Appendix II species (migratory species which have an unfavourable conservation status and require international agreements for their conservation, or which have a conservation status which would significantly benefit from international co-operation). Hong Kong was originally a Party to the Convention through the United Kingdom. The convention continues to apply to Hong Kong after 1st July 1997 by agreement of the Sino-British Joint Liason Group, though the PRC is not a party thereto. 8.2.12 The PRC are one of the Contracting Parties to the United Nations Convention on Biological Diversity of 1992. The Convention requires signatories to make active efforts to protect and manage their biodiversity resources. Hong Kong Government has stated it will be ‘committed to meeting the environmental objectives’ of the Convention (PELB, 1996). 8-2 Mauns ell Further Development of Tseung Kwan O EIA Report 8.2.13 The IUCN Red List is the world’s most comprehensive inventory of the global conservation status of plants and animals. It uses a set of criteria to evaluate the extinction risk of thousands of species and subspecies. These criteria are relevant to all species and all regions of the world. There are seven Categories of Threat in the IUCN Red List System: Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, Near Threatened and Least Concern. A species is listed as threatened if it falls in the Critically Endangered, Endangered or Vulnerable categories. 8.2.14 The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a voluntary international agreement to ensure that international trade in specimens of wild animals and plants does not threaten their survival. PRC became a Party to the agreement in 1981. 8.2.15 The Key Protected Wildlife Species List details Category I and Category II protected animal species under Mainland Chinese Legislation. 8.3 Assessment Methodology 8.3.1 The ecological characteristics of the Assessment Area were elucidated via a review of the literature. This review collated ecological information from various reports and publications that included: • Oceanway (2003) Field Diving Surveys of Corals for the Engineering and Feasibility Assessment Studies (EEFS) in relation to the way forward for the Harbour Area Treatment Scheme (HATS) (with permission). Submitted to EPD. (HATS Dive Survey Report) • CityU Professional Services (2003) Consultancy Study on Marine Benthic Communities in Hong Kong. Final Summer Field Survey Report. Submitted to AFCD. • Scott Wilson (2001) Tseung Kwan O Development Phase III Road P2 connecting Town Centre and Western Coast Road Final EIA Report (Road P2 EIA Report). • M2 Environmental (2000) Tseung Kwan O Port Development at Area 131. Further Ecological Study. Submitted to TDD. (Area 131 Further Ecological Study Report) • Maunsell (2000) Feasibility Study for Intensification and Extension of Tseung Kwan O New Town Final EIA Study (TKO Extension EIA Report). • ERM (1999) Feasibility Study on the Alternative Alignment for the Western Coast Road, Tseung Kwan O. (Western Coast Road EIA Report). • Jefferson T (2000) Conservation Biology of the Finless Porpoise (Neophocaena phocaenoides) in Hong Kong Waters: Final Report. Ocean Park Conservation Foundation. Submitted to AFCD. • Report on Underwater Dive Surveys (October 1991 – November 1994) Volumes I & II (CED, 1995); 8.3.2 Field surveys were undertaken, where appropriate, to supplement and check the validity of data collected through the literature review process. Focused surveys were conducted on the intertidal and subtidal habitats inside and in proximity to the proposed reclamation area in the wet season from May to October 2004. 8.3.3 Potential ecological impacts
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