Lake Cowichan First Nation Roberts Bank Terminal 2 Impact Analysis Initial Recommendations November 15, 2017

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Brittney Chase
5 years ago
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1 This report forms a high-level overview and summary of potential adverse impacts stemming from the Roberts Bank Terminal 2 Project and initial recommendations Roberts Bank Terminal 2 is a 117 hectare in-fill area at the end of Port Metro Vancouver s (PMV) industrial causeway for container shipping. OVERVIEW Title, Trade, Governance and Inter-Community Relations Lake Cowichan First Nation (LCFN) travelled to the lower mainland with the Hul q umi num speaking peoples for trade and the opportunity to maintain or arrange inter-community relations (marriage, names, etc.) Canada s trade activities at Roberts Bank and the former site at Tl uqtinus have interfered with those activities. LCFN is currently in the Stage 4 of the BC Treaty Process and to-date Canada has refused to discuss lands and opportunities on the lower mainland at the Treaty Table. This is an egregious matter after more than 25 years at the table. Traditional Uses Fishing, hunting, harvesting in the Salish Seas for LCFN were for the most part carried out from Sturgeon s Bank to Roberts Bank and the approaches to the Fraser River. Often the LCFN was harassed and harried by the Cowichan s to prevent the LCFN from these practices off the east-side of Vancouver Island. This is not merely an ancient practice, as recently as the late Chief Cyril Livingstone continued this practice. In fact, today LCFN acquires their food fish with the Lyackson First Nation and even if the fish are not caught at the mouth of the Fraser River, the fisher annually reports he has at least attempted to fish there. Many fisheries are currently adversely affected by the development and dyking of the banks of the Fraser River, Sturgeon are listed as Species at Risk; and this is the second year in a row that foodfisheries have been shut down and perhaps the 3 rd or 4 th year that LCFN has not been able to acquire foodfish at all. While at Tl uqtinus, LCFN would ve hunted and harvested for sustenance. Lighting: General Light pollution and light trespass of the existing infrastructure was already an issue for the public and First Nations. The addition of the RBT2 Project could significantly increase both the light pollution and light trespass. Port Metro Vancouver is suggesting the use of LEDs and while that may be commendable for power consumption uses, LEDs are a very bright light. There are reports that cities that have switched to LED lighting for street lights, signal lights, etc. are significantly more visible at night from satellite imagery. Some research may need to be carried Kathleen Johnnie Supporting First Nations in Crown Consultations for 19 years Page 1 of 5

2 out to allow the operations to continue (if approved) and ensure a reduction in light pollution and light trespass. The lights of from these operations obscure the night sky and provide excessive light pollution and transference to adjacent neighbourhoods and even across the Salish Seas. Some fishers have used the RBT2 as a beacon to guide them back from as far away as Texada Island. Lighting: Wildlife Light at night is a known stressor to day and night birds, animals and fish. It can cause confusion and exhaustion in these species leaving them more vulnerable to prey. Lighting: Cultural From the Hul q umi num speaking First Nations cultural perspective, there is a legend that the little people came from the stars. Lighting from these infrastructures can cause the night sky to be obscured and increases the night sky s concealment from adjacent municipalities. Culturally referencing, the night sky is of considerable importance to the LCFNs legends. Most other cultural practices are removed from practice in the lower mainland, bathing, mourning, etc. PROJECT RELATED Effects of the Environment on the Project One of the more concerning aspects of this project is that it is in an earthquake zone that can have a devastating earthquake at anytime. Delta and Roberts Bank are built up of sediments from the Fraser River. The Tsawwassen First Nations creation story speaks of an area under water much of the time around their village sites and building up over time. These sediments tend to liquefy under extreme earthquake conditions, as the ground shakes, air gets between the sediment particles and it becomes a liquid, much like a landslide. The prediction is that Delta and Richmond wholly or in part will likely wash out into the Salish Seas. The existing infrastructure and new infrastructure will have built up contaminants in the asphalt and soils. As well, there will be chemicals and other potentially toxic materials as part of the operations on the infrastructure and potentially in the containers being shipped. All of that, including the shipping containers themselves, could potentially wash out into the sea. Should this scenario occur, there are other kinds of ships scheduled or regularly traversing the Salish Seas that carry dangerous cargos, diluted bitumen, coal, etc. An earthquake sending shipping containers out to the Salish Seas could strike these types of vessels and rupture them or cause other debilitating damage, increasing the potential for damage to the environment. Spills and AccidentSpills and accidents could occur related to the activities of this project, from the container ships themselves, to on-land activities at the project site. Port Metro Vancouver Supporting First Nations in Crown Consultations for 19 years Page 2 of 5

3 assures that every precaution will be taken on land and that ships have their own insurance and legislation for accidents they are responsible for. However, BC Ferry, the MV Queen of the North is still at the bottom of the ocean, and the local Hartley Bay First Nation expresses concerns 11 years later that it is still leaking the 250,000 litres of fuel that was on board. The Crown assures the First Nations that there is a world class spill response regime in Canada and that vessel owners are one hundred percent accountable for any accident in Canadian waters. How believable is that when the Queen of the North is still down there and no attempt at recovering or addressing the diesel is being required? Southern Resident Killer Whales and Herring The Southern Resident Killer Whales are important to the LCFN for cultural reasons; and perhaps as an indicator for the health of the ecosystem. Killer whales play an important role in the First Nations culture, there are many stories and legends in the LCFNs culture, learning and teaching stories, as well as stories of legend. Therefore, the killer whale plays a significant role in the First Nations culture. However, LCFN is concerned about the imperiled state of the SRKW as an indicator of issues in the ecosystem. LCFN has been expounding concerns related to herring in the SRKWs diet. The western science experts response has been that the diet of the SRKW does not include herring. Yet western science studies on the SRKW only began after the BC Ferries and Port Metro Vancouver s causeways were in place. Port Metro Vancouver s scientists identified that herring have sensitive hearing, something our Elders knew of; and there is evidence of herring in the Tsawwassen First Nations middens. Given this, it is reasonable to extrapolate that the herring may have been extirpated due to the noise between these two causeways. The Port s scientists have not responded sufficiently to LCFNs concerns related to herring and the SRKWs diet; neither have they responded to concerns about the possibility of resident vs. migratory herring. Policy and Legislation All of LCFNs traditional activities are permanently curtailed or adversely affected. Much of the development that has occurred on the lower mainland, may have been by local governments, but it was permitted by various arms of the Federal and Provincial Crowns. Fisheries and Oceans Canada allowed the dyking of Richmond; and is permitting the dyking of Delta; one way valves that do not allow fish to enter critical side channels; as well as other structures and infrastructure, marina s docks, etc. Transport Canada allowed the shipping lanes and berths to be brought into the Fraser River, introducing international laws that supercede Canada s own legislation for rights of ways to large ships. This itself is an infringement to LCFNs ability to fish. Supporting First Nations in Crown Consultations for 19 years Page 3 of 5

4 Environment Canada and Fisheries and Oceans Canada allowed BC Ferries and Port Metro Vancouver s causeways to be built, whose impacts may not yet be fully understood. For example, herring are known to be in the Tsawwassen First Nations middens, but there are no herring at Roberts Bank. Herring both migratory and resident are of serious concern to LCFN, as their Q ul-lhanumutsun Aquatic Resources Society (QARS) has herring as one of it s mandates for research and policy development, LCFN is a founding member of QARS, an organization formed to address the concerns of the member First Nations about fish, fish habitat and other marine mammals, resources, water quality and habitat. The Crown has allowed legislation, regulation and policy to be developed that has directly infringed and adversely impacts the title, rights and interests of the Lake Cowichan First Nation. Fixes or Remedies Port Metro Vancouver and the Crown work on environmental fixes or remedies, whether or not they are suitable is another question. For example, Port Metro Vancouver recently carried out 10 projects along the southside of the causeway that introduced shoreline habitat along the length of the causeway. Each of the projects had issues, could it be that they introduced habitat that didn t belong 4 kms away from the natural shoreline? They are not sure of the answer to that issue. Port Metro Vancouver also introduced caissons and artificial reefs as a result of the Delta Port Third Berth Terminal. Each of these remedies may have introduced a type of habitat that does not belong where they ve been placed, introducing a whole new predator/prey relationship and potentially intensifying the existing predator/prey relationship adding more stressors on top of the BC Ferries and Port Metro Vancouver s industrial activity. Conclusion: The impacts to Lake Cowichan, and the environment will likely be permanent, the existing infrastructure has already changed the hydrology (flow of water); potentially extirpated (removed) herring from the area; this in turn may have added to the stressors on the Southern Resident Killer Whale (we may never know as the western science body has not carried out any studies to identify this as a potential connection). The impacts are historical, permanent and ongoing; they are widespread having far reaching effects as the whole of the Salish Seas are considered to be the estuary for the Fraser River. PROJECT RECOMMENDATIONS Project If the project proceeds to construction, Lake Cowichan First Nation has a right to expect: 1. and demand high quality studies, monitoring and follow up programs; Supporting First Nations in Crown Consultations for 19 years Page 4 of 5

5 2. Construction methodologies that cause least damage; 3. Adaptive management strategies, monitoring, follow up and reporting; 4. Critical third-party analysis post-construction and of operations on a regular and ongoing basis of anticipated results, unexpected situations arising and conclusions on changes to the environment; 5. A bond; 6. Regular annual reports to the community, opportunity to participate in Science Advisory Body reporting (once a year or more); 7. There may be other matters to be considered related to the project; This forms a high-level overview, the First Nation may raise more issues at the Panel Hearing. Kathleen Johnnie Supporting First Nations in Crown Consultations for 19 years Page 5 of 5

Roberts Bank Terminal 2 Project Environmental Impact Statement Comments on Completeness April 30 June 15, 2015

Roberts Bank Terminal 2 Project Environmental Impact Statement Comments on Completeness April 30 June 15, 2015 Participant: Susan Jones Organization (if applicable): Boundary Bay Conservation Committee General Comments: June10, 2015 The on the endangered Killer Whales needs to include increase of shipping in Georgia