RE: Draft Analysis of proposed changes to the Woodfibre LNG Project Decision Statement Conditions

The following addresses the proposed amendments to section 3.8 and 6.4 of the Woodfibre LNG (WLNG) Decision Statement. While not subject to this particular public comment period, it is impossible to discuss the proposed amendments to section 3.8 and 6.4 without reflecting on the effects of the WLNG project as a whole.

First, the premise under which the ecological environment and biodiversity of Howe Sound is perceived must be considered:

The premise of an environmental impact assessment is to minimize negative impacts on the existing environment by establishing binding conditions to manage a project’s impact until the residual effects are deemed acceptable in comparison to the anticipated socio-economic benefits.

However, under the universally recognized threat of global biodiversity loss, approaches to project approval should consider not only current, but also future effects on biodiversity in suitable habitats.

The suggested amendments and, therefore, the WLNG project concern not only the wildlife currently visiting and residing in Átl’ka7tsem/Howe Sound, but also that which is expected to return as this ecosystem further recovers. Stewards and care takers of Átl’ka7tsem/Howe Sound do not simply wish to maintaining biodiversity as it is now, but to further increase it.

The 2021 designation as UNESCO Biosphere Reserve emphasizes the importance of Átl’ka7tsem/Howe Sound as critical habitat for species as-risk and refuge in the Salish Sea. Following years of habitat degradation through industrial activity, the Sound’s biodiversity has experienced a slow, yet steady recovery. The persistent negative effects of past and current industrial activity are demonstrated by the British Columbia Water Quality Guideline exceedances observed during WLNG’s baseline studies (Woodfibre LNG Limited, 2022). 

Nonetheless, Átl’ka7tsem/Howe Sound is experiencing an ongoing ecological revival and return of previously extirpated species, such as Steller sea lion and sea otter. It is, for example, short-sighted to determine the absence of Steller sea lion haul out spots near the project area, as this species may very well establish such sites if they remain undisturbed. Steller sea lion populations are stable and growing in Átl’ka7tsem/Howe Sound because of the continuous efforts and intentions to revitalize this precious ecosphere. Noise disturbance and encroachment due to construction activities pose the risk of reversing these positive trends.

The ecological and cultural value of Howe Sound has been further acknoledged by the recent confirmation of investment of more than $926,000 over four years to increase biodiversity conservation efforts in the Átl’ka7tsem / Howe Sound Biosphere Region (https://www.canada.ca/en/environment-climate-change/news/2022/09/minister-guilbeault-announces-more-than-926000-for-the-atlka7tsem--howe-sound-biosphere-region-to-protect-nature-and-help-meet-canadas-conservation.html). These efforts would be undermined by the completion and operation of WLNG.

The IAAC draft response (https://iaac-aeic.gc.ca/050/documents/p80060/145527E.pdf) states on page 5: 

“The assessment included underwater noise modelling and determined at what distance from the source the sound level would reach injury and behavioural threshold values for marine mammals and fish.” (IAAC, 2022)

The only mention of underwater noise management in relation to fish is found in the 2018 Decision Statement under section 3.3.6:

“implementing low-noise methods or sound dampening technologies to reduce the intensity of the sound generated or the level of sound propagation through the water column if underwater pressure pulse levels exceed 30 kilopascals during pile installation.” (IAAC, 2022)

For reference, 30 kilopascals of pressure pulse level convert to 209.5 dB sound pressure level (SLP) re 1 μPa (in water). Numerous studies have demonstrated the deleterious effects of underwater noise at much lower levels (150-170 dB re 1 μPa) on fish and invertebrates (Weilgart, 2018). Pile driving and ship noise have been shown to affect fish by causing developmental deficits, damage to hearing structures, leading to greater and prolonged stress response, decreasing foraging efficiency and therefore overall condition factor, decreasing engagement in social and reproductive behavior, and leading to unorganized schooling behavior (Weilgart, 2018). There is no legislature in place to protect fish from underwater noise. 

Noise pollution in Átl’ka7tsem/Howe Sound cannot be discussed in isolation; while the underwater noise generated by construction activities, such as pile driving, is temporary (eg. five to six months of intermittent pile driving), the operation of WLNG will raise the noise threshold in Átl’ka7tsem/Howe Sound for decades to come. Sensitive herring spawning habitat is located near the WLNG project site and all life stages of Pink, Chum, Chinook, Coho Salmon and steelhead frequent Howe Sound and are likely to be adversely affected. 

The IAAC draft response states on page 7:

“The Agency is therefore of the view that modifying conditions 3.8, as follows, would not increase the extent to which the effects of the Project, as assessed during the environmental assessment, are adverse” (IAAC, 2022)

The drastic reduction of the pinniped exclusion zone to 125 m clearly increases the extent to which the Project poses adverse effects for pinnipeds, as these animals will be exposed to drastically greater levels of noise. As part of the Oceans Protection Plan, the Department of Fisheries and Oceans (DFO) is developing an Ocean Noise Strategy for Canada, which will inform a whole-of-government approach to addressing underwater noise in the oceans. It seems appropriate to wait for the results and guidelines from this strategy before making decisions regarding the reduction of the pinniped exclusion zone. Furthermore, indirect adverse effects on pinnipeds would result from the negative effects on their primary prey, fish.

Overall, pinniped presence is not an unforeseen surprise for WLNG. Pinnipeds were observed during baseline studies supporting the Application for an Environmental Assessment Certificate. Concerns regarding the economic and technical feasibility of underwater noise mitigation must have been apparent when the Decision Statement was issued and accepted by WLNG. One could speculate that WLNG accepted these technically and economically unfeasible conditions with the knowledge that afterwards submitted requests for amendments often get passed with less scrutiny. Amendment processes like this one undermine the public trust in the Environmental Assessment process.

Regarding the amendment to condition 6.4, it appears that IAAC deliberately ignored Environment and Climate Change Canada’s (ECCC) expressed views regarding the use of the phrase concerning “human health”. The focus of condition 6.4 should be the protection of aquatic life, not the protection of human health. This is apparent by the use of the Canadian Council of Ministers of the Environment's Water Quality Guidelines for the Protection of Aquatic Life and Interim Sediment Quality Guidelines for the Protection of Aquatic Life as a benchmark for water quality monitoring. Furthermore, ECCC recommendations were ignored regarding the duration of the water quality monitoring. It is easy to say that planned decommissioning activities would not result in risks to water quality and that the Project would comply with the Fisheries Act. But it is much better to prove it with continued water quality monitoring. The Project should demonstrate best practices and continue to monitor water quality until the Project is fully closed and decommissioned. 

Regards,

Adrian Jones

References

Impact Assessment Agency Canada (IAAC). (2022). Draft Analysis of proposed changes to the Woodfibre LNG Project Decision Statement Conditions. Accessed under: https://iaac-aeic.gc.ca/050/documents/p80060/145527E.pdf

Weilgart, L. (2018). The Impact of Ocean Noise Pollution on Fish and Invertebrates. Report by OceanCare.

Woodfibre LNG Limited. (2022). Woodfibre LNG Project, Squamish, British Columbia Request to Amend the Decision Statement Issued Under Section 54 of CEAA 2012. Accessed under: https://iaac- aeic.gc.ca/050/documents/p80060/145526E.pdf (https://iaac-aeic.gc.ca/050/documents/p80060/145526E.pdf)