National Energy Board
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of Project-related marine vessels, the Board finds Trans Mountain’s predicted wake wave height
modelling to be adequate and concurs with Trans Mountain’s conclusion that Project-related
marine vessel wake wave heights at the shoreline would be within the range of natural conditions.
The Board generally concurs with Trans Mountain and DFO in that Project related marine vessels are
unlikely to result in any measurable changes to the biophysical characteristics of intertidal habitats.
The Board acknowledges the evidence provided by Tsawout First Nation, and agrees that some
impacts to intertidal habitat could occur from Project-related marine vessel wake waves, such as
increased sedimentation. However, the Board is of the view that these effects would be localised to
very small portions of the Local Study Area (LSA).
Therefore, the Board is of the view that effects from Project-related marine vessel wake waves on
intertidal habitat and marine fish, including eelgrass beds, would be of low magnitude. The Board
finds that the effects would occur for the duration of operations (long-term) and would be reversible.
The Board also finds that the contribution from Project-related marine vessels to total cumulative
effects on marine fish and fish habitat within the RSA is expected to be inconsequential. Therefore,
the Board finds that the adverse effects on marine fish and fish habitat from Project-related marine
vessels are not likely to be significant. The Board recognizes that SARA-listed marine fish species
are present within the LSA and RSA. The Board is of the view that effects on these species would
be similar to other fish species. Given their limited abundance, and absence of critical habitat
within in the LSA and RSA, the Board finds that adverse effects on SARA-listed marine fish from
Project-related marine vessels are not likely to be significant.
The Board agrees with DFO and Trans Mountain in that a detailed assessment of underwater noise
produced by Project-related marine vessels on marine fish is not practicable due to lack of Canadian
standards and the limitations in data to support such an assessment. The Board acknowledges
the evidence provided by participants and agrees that some form of adverse, short-term effect
(e.g., small behavioral changes) is likely to occur from underwater noise produced by Project-related
marine vessels. However, the Board was not convinced that these short-term effects would translate
into larger, more substantial impacts. Given lack of Canadian standards and the limitations in data to
support such an assessment, the Board finds that the exact nature of the effect of underwater noise
produced by Project-related marine vessels on marine fish is uncertain. In addition, marine shipping
is beyond the Board’s regulatory authority and the Board does not have the ability to impose specific
mitigation conditions to address environmental effects of Project-related marine shipping.
The Board acknowledges the evidence provided by participants and agrees that ballast water from
commercial marine vessels can promote introduction of aquatic invasive species. However, the
Board shares the opinion of Trans Mountain and DFO which indicates that compliance with Ballast
Water Control and Management Regulations of the Canada Shipping Act, 2001 would effectively
minimize any potential introduction of aquatic invasive species from Project-related marine vessels.
Therefore, the Board has not provided a detailed assessment of the potential effects on marine fish
from the introduction of aquatic invasive species from Project-related ballast water.
Marine mammals
Trans Mountain described the marine waters of B.C. as home to a broad range of marine mammal species,
including cetaceans (whales, dolphins, and porpoises), pinnipeds (seals and sea lions), and sea otters.
It said that the productive straits and sounds of the RSA provide important habitat for foraging, breeding,
socializing, and migration. Trans Mountain said that many species of marine mammal can be observed in
the RSA year-round, and thus depend on this environment for all aspects of their life history, while other
species are predominantly seasonal in their presence, coming to feed for a season or simply passing
through during migration. Trans Mountain identified 10 species of marine mammals, and 4 killer whale
ecotypes, that are SARA listed and have potential to occur in the RSA (Table 24). Trans Mountain said
that critical habitat for the Southern resident killer whale and the North Pacific humpback whale has been
identified in the RSA (Figure 26).
Trans Mountain said that marine mammals in the RSA face a variety of anthropogenic threats and stressors.
It said that stressors vary in intensity and relative importance for individual species but, broadly speaking,
include: chemical contamination from both legacy contaminants and current inputs; reductions in prey
abundance or quality; physical disturbance; acoustic disturbance or injury from both acute and chronic
sources; risk of collisions; risk of entanglements; and, climate change.