sign in sign up
<<
Home , Atlantic salmon

Appendix III

MTI ORAL TRADITIONAL EVIDENCE HEARING OCTOBER 23, 2018 Commentary provided to ExxonMobil by Geoff Hurley, MSc. of Hurley Environment Ltd. December 18, 2018

Paragraph Concern Response #’s ORAL PRESENTATION BY CHIEF REBECCA KNOCKWOOD: 63 Our community fishes in what is currently for both the base in Parrsboro as well as MTI member communities fishing activities are conducted, but not limited to, the following general Sambro, which is in Halifax. We have a number of commercial licenses in the and locations on the Scotian Shelf: Emerald Basin, LaHave Basin, Brown’s Bank, and Laurentian Channel. on the Scotian Shelf. We fish out of Sambro, which is our and and we are Source: DFO Website - Canadian Atlantic swordfish and other , see Figure 3. Underwater concerned about the potential impact that these Projects may have on many species that we Features of the Scotian Shelf-Bay of Fundy Bioregion, page 15. The SOEP offshore facilities and harvest. pipelines do not overlap with these or any other MTI priority areas (e.g., deep oceanic waters off the Scotian Shelf) for large species such as most tuna species and swordfish. Source: DFO Website - Canadian Atlantic swordfish and other tunas, Section 1.4 reads as follows:

“1.4. Location of the

1.4.1. Longline

This fishery extends from Georges Bank south of Nova Scotia to beyond the Flemish Cap east of Newfoundland when swordfish, the main species targeted, migrate into and adjacent to the Canadian Exclusive Economic Zone (EEZ). Longline fishing effort generally progresses from west to east and back again and from offshore to inshore along the edge of the continental shelf following swordfish movements associated with seasonal warming trends of surface water temperature, and a northward movement of the edge of the Gulf Stream.

1.4.2. Harpoon

Harpooning for swordfish currently occurs primarily along the edges of Georges and Browns Banks, and targets mainly the large female swordfish "basking" in surface waters during the day.” 64 We have many fishing sites within the Bay of Fundy in the Northumberland Strait and in the Sable Offshore Energy Project (SOEP) offshore facilities and pipelines on the eastern Scotian Shelf surrounding rivers where our community members fish for personal use. are located far from the Bay of Fundy (SW Nova Scotia) and Northumberland Strait (Gulf Of St Lawrence). 65 We harvest , , bass, , and many other different species of fish. Many of these Decommissioning and Abandonment (D&A) activities will not involve intense noise or light and as species of fish pass through the Project footprint, arriving in our bays and rivers. such there will be little or no ‘pathways of effects’ on marine life. ExxonMobil Canada (EMC) has no plan to use blasting to sever pipelines and associated structures close to platforms or platform jacket legs. Additional lighting from D&A vessels (e.g., heavy lift vessel) will likely be offset by reductions in lighting on partially abandoned platforms (i.e., compared to fully operational platforms with requisite flares). 66 is also important for our way of life as it allows us to support ourselves, our Exposed sections of the SOEP gathering pipeline to shore are not anticipated to negatively interact families, and each other. Our commercial fishing takes place throughout the Bay of Fundy and with commercial mobile fishing activities for groundfish (e.g., , , redfish, silver hake), sea along the Scotian Shelf and the Scotian Slope. We harvest many types of fish as well as , , and sea cucumbers either because the underlying sea floor is too rocky for towing fishing scallops, and as I said before, swordfish and tuna. And we also do silver hake. gear (i.e., KP 8-90) or there are no spans beneath the pipeline section where mobile fishing has historically been concentrated (i.e., KP 90-120). Highly valued commercial species such as lobsters and snow are fished with fixed gear (i.e., traps); lobsters are fished where the gathering

p. 1 / 3

pipeline is buried (i.e., KP 0-8); snow can readily climb over exposed sections of the gathering pipeline.

A moratorium on directed fishing for groundfish has been in place on the eastern Scotian Shelf including Sable Island Bank since the early 1990’s. Source: DFO CSAS Res. Doc.2010/070 , page 3, which states:

“In the 1990s, total landings reached historical low levels due to the collapse of the groundfish stocks, with the implementation of a moratorium on groundfish fishing on the Eastern Scotian Shelf (ESS) in 1993.”

Fishing has been prohibited only within the 500 m safety zone established around each of the offshore platforms. An exclusion zone was never established around the 26” Gathering Pipeline or interfield pipelines (outside of the 500 m safety zone). To date, there have been no claims from fisheries interests related to lost or damaged fishing gear since the start-up of SOEP operations in 1999.

After D&A is completed, marine navigation charts will be updated to reflect “abandoned pipelines, no anchoring”. There will be no access restrictions to other marine sectors, including Indigenous commercial, food, social or ceremonial fisheries, once production platforms have been removed since the 500 m safety (i.e. no fishing) zones will no longer be required.

All potential snagging hazards of pipelines and associated structures will be removed during D&A. Reference “Commercial Hazards Mitigation: Potential Fisheries Interaction” attached.

67 Our communities also have a deep interest in other marine life such as sea turtles, whales, The SOEP offshore facilities and pipelines does not overlap with any Marine Protected Areas, Fishery , seal, and birds. These are our relations. Many of our legends include stories about Closures, Migratory Bird Sanctuaries, National Wildlife Areas, National Parks and Historic Sites, or having interact with the Mi'kmaq and shaped our territory. The Bay of Fundy was found Limited Fishing Zones on the Scotian Shelf. The SOEP offshore facilities and pipelines also does not by a beaver and a whale. The Petitcodiac River was found during a battle between giant and overlap with any designated critical habitat areas for any sea birds or marine (e.g., , whales, a lobster. dolphins, seals sea turtles), anadromous (e.g., ) or diadromous (e.g., American eel) species-at-risk. The closest critical habitat (i.e., western boundary of the Gully MPA for the Northern Bottlenose whale) is over 30 km from the nearest SOEP platforms (i.e. Venture, South Venture). The only other critical habitats for marine species off Nova Scotia are for the Leatherback turtle and the North Atlantic Right whale, which are far from the SOEP project area. Sources: DFO Regional Oceans Plan ; see “Figure 8. Marine Protected Areas and other key conservation areas in the Maritimes Region”.

SOEP has established voluntary Codes of Practice (see Application EPP Appendix B) for the sensitive marine areas (i.e., Sable Island National Park, Gully Marine Protected Area (MPA), and Country Island Roseate Tern Colony) closest to its facilities which provide clarity to all project personnel working near these areas.

68 Like other communities, we are historically reliant on salmon. Our beloved Petitcodiac River with SOEP offshore facilities and pipelines do not overlap with any marine critical habitat areas for Atlantic its muddy waters was a life-blood of our community and essential to sustaining the salmon of the salmon. To date there has been little progress in the identification of marine critical habitats for inner Bay of Fundy. These salmon travel from our rivers into the Bay of Fundy and onward around anadromous species, notably Atlantic salmon. In North America, Atlantic salmon populations listed as Nova Scotia to . We are concerned that the salmon's migration will be interrupted by endangered under the Species at Risk Act (SARA) are located in the inner Bay of Fundy (BoF). these decommissioning projects and to create significant harm to our communities. Potential marine critical habitats would lie within the range of these populations that is, in the Bay of Fundy itself and northern Gulf of . Source: DFO 2008 Report, Atlantic Salmon in Atlantic Canada and : PART I – Species; see Section 3.6 “Identification of Critical Habitat”.

p. 2 / 3

‘Pathways of effects’ on the marine phase of the Atlantic salmon life cycle are unlikely as a result of D&A activities. Refer to #65 response above. 69 Our community has put a lot of work into the preliminary recovery of the Inner Bay of Fundy Refer to #68 response above. salmon through our Fort Folly Habitat Recovery Program. We have worked 15 years plus with Parks Canada to try to bring the inner Bay of Fundy salmon back into these rivers. Any disturbance to salmon migration would be devastating to the recovery of the salmon population. 70 Our communities also rely on harvesting eel. We fish eel in the Bay of Fundy and elsewhere. Eel The marine critical habitat for the diadromous American eel is considered to be the Sargasso Sea in is used as a very important food source as well as a source of income for our communities. We the mid-Atlantic area where they and lay their eggs. Source: DFO Underwater World - are concerned that the migratory path of the eel as it moves northward into our waters will be American Eel disrupted by the Projects. Many of our community members have noticed a significant decline in the eel population. When you interrupt an eel path of migration, they have significant impacts on It is difficult to conceive how SOEP decommissioning activities and abandoned pipelines would our community. present obstacles to eel migration as physical barriers, such as dams or turbines, do in some rivers. Also refer to #65 response above re: ‘pathways of effects’. 71 The Mi'kmaq have fished swordfish and tuna for thousands of years. Today, Mi'kmaq fishers Refer to #63 response above. harvest swordfish and tuna for commercial purposes. The licenses are mostly communal so that profits are used to support Mi'kmaq communities' infrastructure and activities. 72 Again, these fish pass through the Project's footprints and we're concerned about the impact that Refer to #63 (re: habitat of large pelagic fish species) and #65 (re: ‘pathways of effects’) responses decommissioning activities may have on these fish. above. 73 There are many other species of marine life that hold special cultural and spiritual significance for It is difficult to conceive how SOEP decommissioning activities and abandoned pipelines would cause our communities. These include the many species of whale, dolphins, turtle, and seal that migrate effects (e.g., obstacles to the migration of the referenced species or any other marine species). between our waters and the ocean areas surrounding the Project. We know that many different Also refer to #65 (re: ‘pathways of effects’) and #67 (re: sensitive environmental areas) responses types of whales use the area surrounding the Projects to feed. We are deeply concerned by the above. decline of Atlantic great whale population and the effect that decommissioning activities may have on the whales. 74 We are concerned that an increase in activity from the abandonment of a pipeline in the area will There are no anticipated increases in light and sound or effects on marine life as a result of D&A have a negative impact on the marine life in that area. Specifically, we know that an increase in activities. Refer to #65 (re: ‘pathways of effects’) & #67 (re: sensitive environmental areas) responses light and sound in the area can scare off whales and dolphins when travelling through that area. above. This has the potential to change our relationship to the whales, dolphins, and turtles that live in our water. 75 The Mi'kmaq communities in were not consulted or included in an environmental We are unable to confirm that Mi'kmaq communities in New Brunswick were not consulted or included assessment for these Projects when they were originally approved. Indigenous knowledge and in the Traditional Ecological Knowledge (TEK) study carried out prior to the original development plan land use studies that were carried out by the Project originally did not include us. approval for SOEP since interviews with knowledgeable Indigenous persons were considered confidential by Mi'kmaq leadership based in Truro, NS.

Indigenous groups in New Brunswick, Nova Scotia and PEI have been and will continue to be engaged by EMC throughout the D&A process.

p. 3 / 3