8.0 Assessment of Potential Effects on Marine Fish and Fish Habitat
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BHP CANADA EXPLORATION DRILLING PROJECT (2019-2028) Assessment of Potential Effects on Marine Fish and Fish Habitat February 2020 8.0 ASSESSMENT OF POTENTIAL EFFECTS ON MARINE FISH AND FISH HABITAT Marine fish and fish habitat has been selected as a valued component (VC) in consideration of ecological (e.g., ecosystem functioning, food web linkages) and socio-economic importance (e.g., commercial, recreational and Indigenous fisheries), potential interactions with Project activities and components, regulatory considerations, and requirements in the Environmental Impact Statement (EIS) Guidelines. Marine fish and fish habitats are primarily subject to conservation and protection under the Fisheries Act and associated regulations. “Fish” as defined under the Fisheries Act includes any parts of and life history stages of fish, shellfish, crustaceans and marine animals (Government of Canada 2019a). “Fish habitat” includes water frequented by fish and other areas (e.g., spawning, nursery, rearing, food supply, and migration areas) that fish depend upon directly or indirectly to carry out life processes (Government of Canada 2019a). “Marine plants” are also protected under the Fisheries Act and include algae, marine flowering plants, and phytoplankton (Government of Canada 2019a). The Project Area depths are generally beyond the range for marine flowering plants and macroalgae; however, phytoplankton is the base for many marine food webs and is an important biotic component of marine fish and fish habitat. There are also protections for aquatic species under the List of Wildlife Species at Risk in Schedule 1, under the Species at Risk Act (SARA) (Government of Canada 2019b), including designating critical habitat for species that are Threatened or Endangered. The Oceans Act (Government of Canada 2019c) provides protections and regulates activities related to marine protected areas. Further information on special areas including marine protected areas are discussed in Section 6.4 and Chapter 11. Project activities and components occurring in the marine environment may influence the biological and physical components of the marine ecosystem. This includes the marine fish, marine plants, and the associated habitats upon which they depend. The Project Area and surrounding areas include shelf, slope, and abyssal marine habitats that support plankton and assemblages of fish and invertebrates. The existing physical and biological environments for the Project Area and surrounding areas are characterized in Chapters 5 and 6 and include overviews of environmental linkages, key species, species at risk (SAR), and species of Indigenous or socio-economic importance. The existing environment is inherently considered as part of the effects assessment of Project activities. The Marine Fish and Fish Habitat VC is linked to the Marine Mammals and Sea Turtles VC (Chapter 9) and Marine and Migratory Birds VC (Chapter 10) through food web interactions (e.g., prey species), and Special Areas VC (Chapter 11) as the components on which the areas were designated. This VC is also linked to Commercial Fisheries and Other Ocean Uses VC (Chapter 12), and Indigenous Peoples and Communities VC (Chapter 13) as the target species for fishery resources. 8-1 BHP CANADA EXPLORATION DRILLING PROJECT (2019-2028) Assessment of Potential Effects on Marine Fish and Fish Habitat February 2020 8.1 SCOPE OF ASSESSMENT 8.1.1 Regulatory and Policy Setting There are two regulatory regimes with authority over marine fish and fish habitat within the Project Area, Local Assessment Area (LAA), and Regional Assessment Area (RAA). The Government of Canada manages fish stocks within the 200 nautical mile Exclusive Economic Zone (EEZ) from the Canadian coastline. Within these areas, the Canadian federal Fisheries Act provides protection to fisheries by managing the fish resources and habitats that support these activities. The Northwest Atlantic Fisheries Organization (NAFO) is an intergovernmental fisheries science and management body for fisheries resources in the Northwest Atlantic, including outside the Canadian EEZ. Sections 34 and 35 of the Fisheries Act focus on protecting fish and fish habitat. This includes prohibition against the serious harm to fish, death of fish, or harmful alteration, disruption, or destruction of fish habitat unless authorized by the Minister of Fisheries and Oceans. Section 36 of the Fisheries Act also prohibits the deposition of a deleterious substance in waters frequented by fish. Marine fish SAR are protected under the federal SARA. SARA focuses on the protection of species and associated habitat whose populations are not secure. Sections 32, 33, and 58 of SARA contain provisions to protect species listed on Schedule 1 of SARA and their critical habitat. As discussed in Section 6.1, on July 11, 2018 proposed critical habitat was identified for the northern wolffish and the spotted wolffish. If a Project is likely to affect a listed species or its designated critical habitat, ministerial notification is required under section 79 of SARA. In this case, the adverse effects of the Project on the listed species and its designated critical habitat must be identified, and if the Project is to be carried out, must take measures to avoid, reduce, and monitor these effects. Marine fish SAR may also be formally protected under the provincial Newfoundland and Labrador Endangered Species Act (NL ESA). A list of marine fish SAR that may occur in the Orphan Basin is provided in Section 6.1.8. 8.1.2 The Influence of Consultation and Engagement on the Assessment During BHP’s Project-related engagement with government departments and agencies, stakeholder organizations and Indigenous groups questions and comments about marine fish and fish habitat were documented (see Chapter 3 for further details). Concerns raised were primarily related to adverse effects from both routine operations and accidental events on migratory species and the inclusion of Indigenous traditional and ecological knowledge in the environmental assessment. Atlantic salmon and other culturally important species (including American eel, swordfish, tuna, ground fish, lobster, crab) were noted of particular concern by the Indigenous communities regarding loss or harm to species of importance. 8-2 BHP CANADA EXPLORATION DRILLING PROJECT (2019-2028) Assessment of Potential Effects on Marine Fish and Fish Habitat February 2020 8.1.3 Potential Effects, Pathways and Measurable Parameters Potential interactions between planned offshore oil and gas exploration activities and pathways of potential effects on marine fish and fish habitat include (adapted from AMEC 2014): • Destruction, contamination, or alteration of marine habitats and benthic organisms due to discharge and deposition of drill cuttings and/or fluids as well as the deployment and use of other Project equipment • Contamination of fish / invertebrates and their habitats due to other discharges in the environment during planned oil and gas exploration drilling and other associated survey and support activities • The attraction of marine fish to mobile offshore drilling units (MODUs) and Project support vessels (PSVs), with increased potential for injury, mortality, contamination, and other interactions • Temporary avoidance of areas by marine fish due to exposure to underwater sound or other disturbances, that may alter their presence and abundance as well as disturbing movements / migrations, feeding, or other activities • Changes in the availability, distribution, or quality of food sources and/or habitats for fish and invertebrates as a result of planned activities and their associated environmental emissions • Injury, mortality, or other disturbances to marine fish as a result of exposure to sound within the water column during vertical seismic profiling (VSP) survey activity These interactions also reflect consultations with government departments and agencies, stakeholder organizations, and Indigenous groups associated with the marine fish and fish habitat (Section 8.1.2). As a result of these considerations, the assessment of Project-related effects on marine fish and fish habitat is focused on the following potential effects: • Change in risk of mortality or physical injury • Change in habitat availability, quality, and use These effects reflect Fisheries Act prohibitions against causing serious harm to fish or habitat alteration, disruption and destruction and allow for consideration of effects on fish SAR. The measurable parameters used for the assessment of the environmental effects presented above, and the rationale for their selection, are provided in Table 8.1. Effects of accidental events are assessed separately in Section 15.6.1. Table 8.1 Potential Effects, Effects Pathways and Measurable Parameters for Marine Fish and Fish Habitat Measurable Parameter(s) and Units Potential Environmental Effect Effect Pathway of Measurement Change in risk of mortality or • Direct Project effects on fish • Mortality (may be either direct physical injury mortality, injury or health due to measurement or qualitative) direct interactions with individuals focused on population level (e.g., smothering as a result of changes deposition of cuttings/drill muds) or indirectly through a change in habitat quality (degradation of habitat quality affecting fish health) 8-3 BHP CANADA EXPLORATION DRILLING PROJECT (2019-2028) Assessment of Potential Effects on Marine Fish and Fish Habitat February 2020 Table 8.1 Potential Effects, Effects Pathways and Measurable