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Before the Hearings Panel

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Before the Hearings Panel UNDER THE Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (the Act) IN THE MATTER OF A Decision-making Committee appointed to consider a marine consent application by Chatham Rock Phosphate Limited to undertake mining of phosphorite nodules on the Chatham Rise STATEMENT OF EVIDENCE OF THOMAS FRANCIS HOURIGAN FOR THE CROWN 12 September 2014 CROWN LAW TE TARI TURE O TE KARAUNA PO Box 2858 WELLINGTON 6140 Tel: 04 472 1719 Fax: 04 473 3482 Counsel acting: Jeremy Prebble Email: [email protected] Telephone: 04 494 5545 Eleanor Jamieson Email: [email protected] Telephone: 04 496 1915 CONTENTS Page EXECUTIVE SUMMARY 3 INTRODUCTION 5 Qualifications and experience 5 Code of Conduct 6 Material considered 6 SCOPE OF EVIDENCE 8 DEEP-SEA CORAL HABITATS AND THE SIGNIFICANCE 8 OF THE CHATHAM RISE AREA FOR CORALS Deep-sea corals – important structural components of 8 deepwater benthic communities Chatham Rise deep-sea coral resources potentially 10 affected by the proposed activities Other vulnerable epifaunal species 13 Modelling coral and epifaunal community distribution 14 POTENTIAL EFFECTS OF THE PROPOSED MINING 16 OPERATION ON DEEP-SEA CORALS Direct mining impacts 16 Indirect impacts, e.g. sedimentation, ecological processes 16 affected Cumulative impacts 19 RECOVERY, RESTORATION AND PROPOSED MINING 19 EXCLUSION AREAS Recovery 19 Restoration 20 Proposed mining exclusion areas 20 CONSENT CONDITIONS 21 REFERENCES 23 APPENDIX 1 – MAJOR DEEP-SEA CORAL GROUPS 28 APPENDIX 2 – CORALS IDENTIFIED FROM SEAFLOOR 29 IMAGES IN THE CRP APPLICATION AREA DOCDM-1464041 2 EXECUTIVE SUMMARY A. In this evidence I address matters related to potential impacts on deep-sea corals raised by Chatham Rock Phosphate Limited’s (CRP) application for marine consent for mining operations on the Chatham Rise. My review is based primarily on information provided by CRP on survey data, predicted habitat suitability, and proposed measures for mitigating mining impacts, including mining exclusion areas in the CRP application area (revised to be the mining permit [MP 55549], minerals prospecting license [MPL 50270] and the western prospecting permit [PP 55971]) (the application area). B. Species belonging to seven families of corals have been recorded to occur in the application area and could potentially be affected by the proposed mining activities. At least 10 of these species in six families are protected under the Wildlife Act 1953. Of these, the branching stony coral Goniocorella dumosa (G. dumosa) may be particularly significant, due to the size of its colonies, its abundance and density in certain discrete habitats, and its likely contribution to structuring habitats for other species. In addition to G. dumosa, other protected coral taxa observed include several taxa of solitary stony cup corals, species belonging to at least three gorgonian families, one species of black coral, and at least two genera of stylasterid corals. C. The primary G. dumosa habitat in the application area consists of the coral, along with other sessile invertebrates, including sponges, ascidians and bryozoans growing directly on the phosphorite nodules, which provide a hard substrate for attachment. These coral-dominated communities appear to have the highest species diversity of large invertebrates among the epifaunal communities observed in the remotely-operated vehicle (ROV) and camera sled surveys conducted on the Chatham Rise. These communities dominated by the coral G dumosa have evidently not been reported elsewhere in the New Zealand Exclusive Economic Zone (EEZ). G. dumosa is the major structure-forming coral in this depth range in New Zealand and the Chatham Rise may represent a nationally or regionally important habitat for this species. The most significant coral-related impacts of the proposed mining operations are likely to be to the stony coral G. dumosa and associated communities. D. As acknowledged in the application, because of the apparent tight association between the primary habitat-forming stony coral, G. dumosa, and the target DOCDM-1464041 3 phosphorite nodules on which it grows, mining operations that remove these nodules are expected to permanently destroy the coral and the habitat for the coral and associated communities within the mined area. There is likely to be a one-to- one trade-off between mining and the permanent loss of coral habitat. E. Although no sedimentation impact studies have been conducted on G. dumosa, most corals are also sensitive to impacts of sedimentation. Sediments can interfere with the feeding of adult corals, and deep-sea corals buried by sediments will die after several days. Sediments in the water column or deposited on surfaces can also interfere with coral reproduction, as well as with settlement and survival of coral larvae. Mining activities are expected to result in sediments suspended or deposited that are likely to damage or destroy additional corals in areas adjacent to the mining tracks. F. Any decisions on mining should not be premised upon expectations of significant restoration. While the proposal to explore hard-substrate habitat creation that might encourage natural recolonization is scientifically interesting, there is insufficient information on their potential for success. I am not aware of any examples of successful deep-sea coral restoration. The results of these experiments would not be seen for many years. Therefore, such untested experiments should not be relied upon as mitigation measures. G. Protecting areas that include G. dumosa habitat in mining exclusion areas (referred to as “no-mining areas” in Dr. Rowden’s statement of evidence), along with adequate buffer zones to reduce potential sediment impacts, is the most effective approach to ensure conservation of high-value deep-sea coral habitat should mining proceed. The mining exclusion areas proposed by the applicant do not appear to include significant amounts of verified G. dumosa habitat nor predicted G. dumosa-dominated epifaunal communities (e.g., epifaunal community “o” – image level). Habitat suitability prediction modelling results alone should not be relied on to identify these areas. Ground truthing of predictions is strongly recommended, especially as coral areas outside the Mid-Chatham Rise Benthic Protection Area (BPA) may have been already impacted by bottom-trawling. H. Any no-mining areas established to protect corals, should include a significant buffer zone to prevent secondary impacts from sedimentation. Consideration should also be given to temporal restrictions that would avoid mining operations during the sensitive periods of coral spawning and recruitment, if these are known. DOCDM-1464041 4 I. Direct and indirect adverse impacts of mining operations on G. dumosa habitats are likely to add to ongoing damage to the protected coral and associated communities caused by bottom trawl fisheries. The CRP application is mostly within the BPA and is expected to reduce the conservation value of that BPA as a measure to prevent impacts to benthic epifauna, including deep-sea corals. INTRODUCTION Qualifications and experience 1 My full name is Thomas Francis Hourigan. I work for the United States National Marine Fisheries Service, part of the National Oceanic and Atmospheric Administration (NOAA). For the last six years I have served as Chief Scientist for NOAA’s Deep Sea Coral Research and Technology Program. Since 2009, I also hold an Affiliate Faculty Appointment in the Department of Environmental Science and Policy, at George Mason University. I hold the degrees of Bachelor of Arts in Biology from the University of California at Los Angeles, and a Ph.D. in Zoology from the University of Hawaii. 2 I have over 30 years of experience in the field of marine ecology, with the last 10 years focussed on deep-sea coral ecosystems. I have worked for the U.S. government since 1990 at the intersection of environmental research, management, and policy. Since 1998 my primary focus has been on the research and conservation of biologically-diverse marine communities, particularly shallow- water coral reefs and deep-sea coral ecosystems. From 2001-2007, I managed the National Marine Fisheries Service’s components of NOAA’s Coral Reef Conservation Program – which included significant shallow-water coral reef restoration activities. 3 I have authored or co-authored peer-reviewed papers, reports and one book chapter on deep-sea corals. I co-chaired the U.S. Interagency Board on Deep-Sea Corals and Vulnerable Marine Ecosystems (2007-2010) and am a member of the Stakeholder Advisory Group for the South Pacific Vulnerable Marine Ecosystems Project led by NIWA. I have served as a U.S. technical expert to consultations on deep-water biodiversity by the Convention on Biological Diversity, the U.N. Food and Agriculture Organization, the North Pacific Marine Science Organization, and other organizations. 4 I do not have direct knowledge of the Chatham Rise, nor its benthic communities, and must rely on reports and publications for this information. I am a marine DOCDM-1464041 5 ecologist who has reviewed studies of deep-sea ecosystems, particularly deep-sea corals, including anthropogenic impacts on these deepwater communities. I also helped lead a technical working group that investigated impacts of the 2010 Deepwater Horizon Oil Spill in Gulf of Mexico on deepwater benthic resources, including deep-sea corals, as part of a comprehensive Natural Resource Damage Assessment. 5 I am not an expert on deepwater mining, but I am well acquainted with environmental assessment approaches. As an International Environmental Policy Analyst with the U.S. Agency for International Development (USAID), I led U.S. interagency reviews of environmental assessments for major multilateral development bank projects. I give my best judgement from reading of the literature and knowledge of the potentially-affected animals. 6 This evidence is presented in my personal capacity and any conclusions, as well as any views or interpretations expressed herein, are my own and do not necessarily reflect those of the U.S. Government, the U.S. Department of Commerce, or the National Oceanic and Atmospheric Administration.
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