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1 ENVIRONMENTAL RESPONSE

2 ENVIRONMENTAL RESPONSE OVERVIEW LOGIC MODEL MISSION: To protect the marine environment and related interests through preparedness, prevention, monitoring and responding to marine pollution incidents. OBJECTIVES: Minimize the impact of marine pollution incidents on public safety Minimize the environmental impact of marine pollution incidents Minimize the economic impact of marine pollution incidents Contribute to the prevention of illegal discharges from vessels Provide humanitarian aid when requested Financial Resources Human Resources Assets INPUTS KEY ACTIVITIES Administer standards/directives Preparedness planning Response Prevention OUTCOMES KEY OUTPUTS Policies, Guidelines, Procedures Contingency Plans Incident Response Patrol Flights Reduction of marine pollution incidents (deterrence) Minimize impact due to marine pollution incidents Public Safety Environmental Economic Compliance of co-deliverers to standards Industry compliance to legislation Stakeholder / public confidence in ability to protect environment WHO S INVOLVED USERS / CLIENTS Recreational Boaters Commercial Shipping Fishing Vessels Industry Oil/Gas platforms OGDs Provinces and Territories Ports / Municipalities Some co-deliverers CO-DELIVERERS Marine Programs Fleet ITS OGDs EC NRC TC DIAND DND PWGSC Customs Marine associations IMO / MEPC / OPRC Scientific community Private Sector Response Organizations OHFs Provinces and Territories Ports / Municipalities USCG Environment / Renewable Resources Environmental Action Groups BENEFICIARIES Society at large Maritime community International partners Other DFO sectors CCG Programs ULTIMATE IMPACTS PLEASE NOTE: On Dec. 12, 2003, an Order in Council transferred certain responsibilities of the ER program from the CCG to TC. Future reporting of these responsibilities will rest with TC, and all of these responsibilities are identified in this section with an asterix (*). Maritime Safety Protection of the Marine and Freshwater Environment Marine Trade and Commerce

3 MISSION & OBJECTIVES To protect the marine environment and related interests through preparedness, prevention, monitoring and responding to marine pollution incidents. The following are Environmental Response s (ER) objectives: Minimize the impact of marine pollution incidents on public safety Minimize the environmental impact of marine pollution incidents Minimize the economic impact of marine pollution incidents Contribute to the prevention of illegal discharges from vessels Provide humanitarian aid when requested WHAT S INVOLVED The main risk factor to the marine environment is the volume of traffic (tankers, barges and other vessels). Contributing risk factors include routine ship operations such as the activities surrounding oil loading, discharging, and bunkering. Other factors that affect the number of spills include visibility, wind speed, wave height, and water temperature. The effect of oil spills can be far reaching, posing both environmental and economic threats. Oil pollution deteriorates ocean health, and directly kills many marine organisms. The ER Program has been responsible for prevention programs that support the response to marine pollution emergencies. Activities included: preparedness and response; cost recovery; Regime Governance; stakeholder consultations; and marine spill prevention. On December 12, 2003, an Order in Council transferred responsibility for the certain portions of the Canada Shipping Act (CSA) and associated regulations regarding the protection of the environment from DFO (CCG) to TC. However, the CCG will remain as the lead federal response agency for managing the response to all marine pollution incidents. A series of marine spills in the 1980 s prompted the Government of Canada to review and amend the CSA. The main provisions of the new legislation established the framework of a national system of preparedness and response (Marine Oil Spill Preparedness and Response Regime), founded upon private sector funded response organizations and the principle of polluter responsibility (vessels and shore-based). The CSA requires that ships and designated oil-handling facilities (OHFs) have arrangements in place with a certified response organization (RO) to ensure that the industry has the capability to clean up its own spills. In addition, ships must have oil pollution emergency plans on board; and designated OHFs must have emergency plans as well as equipment and resources on site to immediately contain and control a spill incident at the facility.

4 WHO S INVOLVED In , there was approximately 74 Marine Programs staff dedicated to the ER Program across Canada. Nationwide within the CCG, there was approximately 580 designated Pollution Prevention Officers (PPO), and a further 540 PPOs within Transport Canada (TC) with powers to enforce pollution regulations. A variety of legislation, agreements, customs, and precedents have established operational liaisons between the CCG and groups, agencies, and governments that have a vested interest in marine pollution incidents, including: Aboriginal groups; the Canada-Newfoundland Offshore Petroleum Board; the Canada-Nova Scotia Offshore Petroleum Board; local governments, agencies, or boards such as Regional Advisory Councils; provincial and territorial governments; volunteers and volunteer organizations (e.g. Marine Associations, environmental action groups); the scientific community; and the United States Coast Guard. The CCG continues to work with other government departments and international agencies to better define the range of issues and responsibilities associated with response activities. These departments and agencies include: Environment Canada; Natural Resources Canada; Transport Canada; Indian and Northern Affairs Canada; the Department of National Defence; Public Works and Government Services Canada; the International Maritime Organization (IMO); the Marine Environment Pollution Committee (part of IMO); and the Oil Preparedness, Response and Cooperation Working Group (part of IMO). The Programs primary client is the Canadian public, which expects the provision of preventative measures to minimize the possibility of marine pollution, and an emergency response capacity to deal with environmental issues. WHAT S BEEN HAPPENING Despite the improving technology in transportation of liquid products (double hull tankers, more reliable pipeline equipments), the tendency to build bigger and faster product tankers, along with increasing marine traffic, contribute to the risk of large pollution spills and environmental damage. Intense development of oil resources off the Canadian continental shelf Hibernia, and Terra Nova to the east of Newfoundland can be one more source of environmental risk due to the increased oil shipments in harsh meteorological and marine conditions, combined with relatively new marine oil technology. The total amount of petroleum products loaded and unloaded nationally in 2001 (latest data available from Statistics Canada) was 85.4 million tonnes, about 50% higher than the average of the five previous years. The largest increase was due to shipping oil from Hibernia and Terra Nova to Whiffen Head in Placentia Bay, Newfoundland. Newfoundland offshore production and crude petroleum shipment increased by 18% in The port of Come By Chance, Placentia Bay in the Newfoundland and Labrador Region is the largest oil handling port in Canada. Forty-seven million metric tons of petroleum products were

5 loaded and unloaded at the port in Come By Chance and Placentia Bay are the busiest areas in Canada for oil tanker traffic, therefore causing the Newfoundland and Labrador region to have the highest risk of large spills and serious ecological disaster. The natural capacity of the marine ecosystem to assimilate spilt oil through the long-term process of biodegradation and fully recover has decreased. The process of constant degradation under the pressure of civilization has put the marine ecosystem close to a point where damage may not be reversible. Recreational activities, local industry, fisheries, and marine life are among the resources that can be adversely affected by oil spills. The role and the importance of the Environmental Response program are very difficult to overestimate in the current ecological situation. WHAT DID WE ACCOMPLISH OUTPUTS PREVENTION - AERIAL SURVEILLANCE PROGRAM VESSEL OVERFLIGHTS Canada s Aerial Surveillance Program, now part of TC, provides reliable information on marine pollution sightings, and is the primary detection and deterrence tool for the enforcement of Canada s pollution prevention regulations. It helps discourage intentional pollution, augments Canada's environmental response capability, and assists in SAR operations. While these regulations are enforced under the CSA, polluting vessels may also be found in contravention of the Canadian Environmental Protection Act, the Oceans Act, the Fisheries Act, the Migratory Birds Convention Act, or the Great Lakes Water Quality Agreement (GLWQA). Aerial Surveillance is conducted in all five CCG Regions using one dedicated aircraft in the Pacific region and another for the Great Lakes and Eastern Canada. A third fisheries patrol aircraft provides pollution surveillance in the Newfoundland Region. Aerial pollution surveillance observations have been conducted over the Great Lakes since 1968, as a co-operative measure with the United States through the GLWQA. There was a period of decline in aerial surveillance activity in the 1990s; the lowest level was in 1999 with 4,670 vessel overflights. Surveillance activity has increased in the last three years, reaching 7,113 vessel overflights in 2003.

6 PREPAREDNESS INCIDENT RESPONSE The Program s levels of service targets for service line preparedness are: to be available in all regions of Canada on a continuous basis; provide support of potential international requests for assistance to countries which are signatory to the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (OPRC) on an as required basis. The level of service targets are set with Joint & National Marine Spills Contingency Plans, Emergency Response Plans and the Arctic Response Strategy for north of 60 degrees latitude; with a spill capacity provisions target ranging from 6,000 to 10,000 tonnes of pollutant dependent on region. The Program s level of service targets in terms of response are: to respond to all ship source spills in waters under Canadian jurisdiction and mystery spills in the marine environment south of 60 degrees north latitude throughout the year; be the primary response agency north of 60 degrees North; and be the Federal Monitoring Officer (FMO), On-Scene Commander (OSC), and national response team. Throughout the process of developing the Marine Oil Spill Preparedness and Response Regime, it has been recognized that spill preparedness should be undertaken as a partnership between the government and the private sector. The principle of polluter responsibility asserts that industry must be accountable for taking adequate preventative actions and for ensuring that effective response plans are in place. The developed preparedness and response model ensures that the government maintains overall responsibility for the legislative and regulatory framework including standards, overseeing, managing (the role of OSC), monitoring response activities (the role of Federal Monitoring Officer FMO), and enforcement. The CCG also maintains a considerable preparedness capacity that is used for response and serves as a strategic reserve for industry capability. When the polluter is either unknown, unable or unwilling to respond, the government has the obligation and the expertise through the ER Program to step in and ensure cleanup (the role of On-Scene Commander - OSC). Other directorates of the CCG support the delivery of ER Programs. In responding to ship source spills, the CCG acted as a FMO - monitoring polluter led responses times in 2003, and as an OSC - managing the response 590 times.

7 OUTCOMES REDUCTION OF MARINE POLLUTION INCIDENTS - POLLUTION SIGHTINGS There were 77 pollution sightings by patrol aircraft in 2003, higher than the previous years level of 62 to 64 cases. The number of sightings was approximately twice as high seven years ago. The indicator Pollution Sightings per 100 Vessel Overflights provides a rate of pollution sightings that is not directly connected with the number of patrol hours or vessels overflights. This indicator shows a steady improvement with the last four years having approximately one sighted spill per 100 overflights.

8 Vessel overflights have been increasing nationally. There were over 7000 overflights performed in 2003; the highest number since Between 74% and 88% of registered oil spills incidents cannot be attributed to a specific source and are recorded as mystery spills. Experts also believe that most discharges occur during hours of darkness when there are no vessel overflights. Modern night observation equipment on aerial surveillance aircraft can collect evidence of illegal discharges in an effort to reduce spills, thereby protecting and conserving our marine environment. Although vessels are observed illegally discharging oil, the number of prosecutions and convictions remains extremely low, with six in 2000, four completed cases and one uncompleted in 2001, none in 2002, and 3 uncompleted cases in This may be due to the fact that, at times, it is difficult to obtain enough evidence for prosecution purposes, thus hindering enforcement efforts. However, work is currently underway to revise and improve evidence-gathering procedures and to strengthen the enforcement capabilities to ensure that vessels that willfully pollute in Canadian waters are charged and convicted as appropriate. ACCIDENTAL SPILL INCIDENTS The Marine Pollution Incident Reporting System (MPIRS) is the CCG s national database for collecting and reporting all marine pollution incidents in all regions, giving management a better understanding of marine pollution in Canadian waters. The year was the system s second year of operation across the country, and it confirmed that while the most serious large spills do not occur very often, they account for the greatest volume of oil spilled. Of the 1,250 Marine Pollution incidents registered during 2003 in Canadian waters, 1034 were classified as petroleum and chemical spills. Twenty-one per cent of these registered spills involve other categories of pollutants, including: sewage, paint, algae, coal dust, wood chips, and unrecognizable chemicals. Environment Canada approximates that 80% of all ocean pollution comes from municipal, agricultural, and industrial land-based sources.

9 The actual volume spilled in approximately 65% of all oil and chemical spills, usually small spills, was undetermined due to difficulties in accurately estimating these volumes. Larger spills usually occur less often than smaller ones, and in 2003 the quantified spills ranging from 5 to 150 litres were most frequent; approximately 94% of all recorded spills were less than or equal to 150 litres. Only 0.4% of spill cases are responsible for 57% of the total volume of pollution. The chart above shows relative regional distribution of number of all spills (blue) and only significant spills of over 500 litres (purple). The Pacific region has the most serious problem with spills, with approximately 52% of the nation s reported spills; the region hosts approximately 50% of national vessel movement. However, it should be noted that this data includes all spills, a large number of incidents being of low volume. In contrast, the distribution of the number of significant spills shows that a large portion of pollution in 2003 occurred in the Pacific, Central and Arctic and Quebec regions. Statistics concerning oil spills are very sensitive to the practices and procedures used for gathering and reporting pollution data. There are many cases where the volume of spills has not been properly estimated or measured. The results provided by MPIRS are generally consistent with previous years statistics; however, it is believed that the data will become more reliable as this tool matures over the next few years. WHAT S NEXT It has been recognized that stronger evidence is required from a broader coverage of shipping in order to proceed with prosecutions. The Minister of DFO approved funding for the acquisition of a state of the art surveillance system prior to the December 12, 2003 Order in Council that resulted in the transfer of the surveillance program to TC. Following this transfer, DFO will no longer be involved in the aerial pollution surveillance program, nor in the resultant enforcement of the marine pollution prevention regulations. As a result, the interdepartmental MOU will be renegotiated between the two remaining partners: TC and EC. CCG has developed a multiyear Research and Development plan to develop new response strategies and technologies aimed at responding to spills of heavy viscous oil products. These are product consisting of bitumen and water emulsion that has a higher viscosity than most petroleum

10 products. They sink in freshwater, float semi-emerged in salt water creating unique response challenges, and can be quite difficult to clean up once spilled. Other indicators, such as the number of vessels prosecuted for oil discharges (provided by Transport Canada), and vessel traffic activity levels will be incorporated into our reporting to provide a clearer picture of marine pollution in Canadian waters. The ER Program will consider reporting on measures and indicators such as: the percentage of tools in place; the ratio of operational response equipment; the placement of resources relative to identified risk; and the percentage of Pollution Prevention Officers that require training.