Development Projects in the Protected Areas and Forests, and Impacts on Biodiversity including Initiatives

Workshop on

Capacity Building for Biodiversity8-10 April 2005

Godavari

Batu Uprety

Environment Officer, MFSC-ED

10 April 2005

Project categories

• Point/stationary projects – industries, landfill sites,

hydropower generation, building construction, land

development in specified area etc.

• Linear projects – transmission lines, roads, irrigation

projects etc.

• Scattered activities – proposal related to raw material

collection such as leaf collection of Taxus sp, pine’s

resin tapping, collection of other NTFPs etc.

• EIA and IEE – project specific assessment, difficult to

specify impacts of projects on the environmental which

will be implemented in different parts such as leaf or

bark or root or fruit collection from several forests

Possible Interests in PAs and Forests

• Protected Areas – conserved for biodiversity and

landscape conservation, natural resource based, strict

management regime, after construction easier to

operate and no or little public pressure, nothing to pay

in most cases, no alternative for project, inadequate

knowledge about biodiversity values, appropriate site

etc.

• Forests – biodiversity rich but still needs detail

exploration, nothing to pay, no alternative except

forests, under valuation of forests and its products etc.

• Pressure of infrastructure projects increasing in

protected areas and forests – habitat for biodiversity

Pressures

• Infrastructure projects such as roads, transmission lines, bridges, hydroelectricity generation in protected areas

• Above projects including operation of landfill site, cable cars, collection of forest products, agricultural related activities such as market development, mines, drinking water etc. in forests

Consequences

• Increased effect/impact on biodiversity without knowing their values

• Destruction and fragmentation of habitats

• Use of wild products by the project staff/workers etc.

Few Examples

• Roads in Royal Bardiya National Park, and Royal

Chitwan National Park, Chilime HEP etc.

• Irrigation projects nearby the protected areas, e.g.

Babai, East Rapti (planned but later reformulated)

• Hotels and resorts within the protected areas

• Educational, health, road, irrigation, hydroelectricity

generation and transmission line projects in forests

• Impacts on biodiversity neither identified, predicted and

evaluated nor environmental monitoring in place

• Limited documentation on impacts on biodiversity

What is biodiversity?

ecosystems

conservation

sustainable use

equitable

sharing

species diversity genetic diversity

Everyone’s Concern on Biodiversity

• Biodiversity matters to everyone.

• Biodiversity - enabling factor for sustainable development

as it provides the basis for all human development,

supporting lives and livelihoods

• Its loss impoverishes the environment and reduces its

capacity to support people now and in the future

• Biodiversity supports many lives and livelihoods; it is a

source of income, water, food, medicines, building

materials and leisure opportunities

• Its importance realised as the basis of our very existence,

to be used wisely and sustainably and to be conserved

for current and future generations

• Main threats associated with human activities causing

habitat loss or damage

Functions of BD

Biodiversity provides goods and services for human society:

• Harvestable goods (fish, meat, timber, fruits, genetic material), referred to as production functions;

• Processing and regulation functions responsible for maintaining natural processes and dynamics such as water purification, biological control mechanisms, carbon sequestration, etc.).

• Suitability of areas for certain activities, or carrying capacity functions (suitability for human habitation, nature conservation, etc.).

• Biodiversity is a source of artistic, spiritual, religious, recreational or scientific enrichment, referred to as signification or information functions

Values of BD

Functions of biodiversity represent societal values:

• Economic values: (i) direct income, for example by selling of products; (ii) input in other activities by providing raw materials; (iii) indirect by providing services that would require large investments

• Social values: employment, health, appreciation of the presence of animal and plant life, etc.

• Ecological values, differentiated into (i) future values, saving for unrecognised potential of biodiversity for future uses; and (ii) spatial values, relating to biodiversity on which other biodiversity in other areas depend (e.g. birds depend on feeding areas along their migration routes). Ecological values are often referred to as non-use values

Why Low Priority for BD in Impact Assessment?

• Lack of awareness of biodiversity values and importance;

• Lack of knowledge and guidance on what to include in assessment process as scoping document and TOR are too general;

• Lack of capacity to carry out assessments or lack of knowledge on methods and techniques in collecting baseline information and/or impact identification, prediction and evaluation, selection of mitigation measures and so on;

• Lack of adequate data;

• Use of biodiversity and wildlife as synonymous

• Lack of professional integrity – practices of report copying

• Inadequate or no linkage on baseline information, impacts, environmental protection measures, monitoring and auditing parameters etc.

Article 14 of the Convention on Biodiversity

Urged Parties to:

• Introduce procedures for EIA to avoid or minimise effects, and allow public participation;

• Introduce appropriate arrangements to address impacts of policies and programs on BD;

• Promote notification, exchange of information and consultation activities with other States;

• Notify immediately to potentially affected States in case of possible danger or damage to BD, and initiate actions to prevent or minimise such danger;

• Promote national arrangement for emergency responses to activities that affect BD;

• Encourage international cooperation to supplement national efforts; and

• Examine the issue of liability and redress including restoration and compensation for damage to BD.

Guiding Principles (based on IAIA-EB Section)

• No net loss

• Precautionary principle

• Follow ecosystem approach

• Cumulative impacts/strategic decisions

• Direct and indirect impact of interventions

• Stakeholder participation

• Take a positive planning approach (avoid biodiversity loss or damage; enhance biodiversity where possible or secure opportunities for recovery; compensate for unavoidable loss of biodiversity;)

• consolidate information on biodiversity and monitor effects

• Use knowledge: scientific & local

• Ensure monitoring

Operating Principles

Screening

• Design BD inclusive screening criteria, and develop BD

screening map indicating important ecosystem services

Suggested map categories and their relation to impact

assessment are:

� Protected areas = “no go area”, or full fledged IA always required

� Areas with important ecosystem services (wetlands,

steep slopes etc.) = full fledged IA always required

� Valued ecosystem services (flood storage areas,

groundwater recharge areas etc.) = need for and/or level

of assessment to be determined by preliminary or limited

assessment

� Rest = no IA required from biodiversity perspective

Operating Principles

Screening …

Activities for which impact assessment is required:

• Extractive activities or change of land-use: define

thresholds for level of assessment (surface area).

• Fragmentation, usually related to infrastructure: define

thresholds for level of assessment (length).

• Emissions (pollution): relate level of assessment to the

ecosystem services map

• Change in key processes responsible for the

maintenance of ecosystems

Activities affecting indirect drivers of changes (economic,

socio-political, cultural, institutional) refer to decision-

making on policies and programmes – SEA on a case-by-

case basis.

Operating Principles …

Scoping leads to TOR and defines the issues to be studied

During scoping only qualitative answers can be provided

� Describe the type of project, programme or policy and

possible alternatives (include “no net loss” or

“biodiversity restoration” alternatives);

� Describe the expected direct drivers of change

(biophysical changes in soil, water, air, flora and

fauna) etc.;

� Determine the spatial and temporal scale of influence;

� Describe ecosystems and land-use types potentially

influenced by the identified biophysical changes;

� Determine whether the biophysical changes affect

composition or structure of biodiversity;

Operating Principles …

Scoping ….

� Identify affected ecosystem services, and determine

potential changes in values of these services for each

(group of) stakeholder(s), and highlight any irreversible

or irreplaceable impacts;

� For each alternative, define measures to avoid,

minimize or compensate the expected negative

impacts and/or enhance positive impacts;

� Determine what information is relevant to decision

making; highlight areas of uncertainty and/or gaps in

knowledge;

� Rate the expected impacts for the alternatives

considered. Weigh expected impacts to a reference

situation (baseline).

Operating Principles …

Impact study

• Address biodiversity at all appropriate levels and allow

for enough survey time to take seasonal features into

account

• Take an ecosystems approach and consult with

relevant stakeholders

• Ensure cooperation between different specialists in an

IA team to integrate findings which have bearing on

biodiversity

• If possible, quantify the changes in quality and amount

of biodiversity

• Provide insight in the cause - effects chains and come

to conclusions regarding impacts on biological diversity

Operating Principles …

Impact study …

• Translate biodiversity into ecosystem services, if

possible expressed in monetary terms

• Use National Biodiversity Strategies and Action

Plans for information

Mitigation

• Remedial action - avoidance (or prevention),

mitigation (including restoration and rehabilitation of

sites), and compensation

• Avoidance should have priority and compensation is

a last resort; Look for opportunities to positively

enhance biodiversity

Operating Principles …

Review for decision-making

• Peer review of environmental reports with regard to

biodiversity should be undertaken by specialist

• Depending on the level of confidentiality of public

decision-making, consider involvement of affected groups

and the public at large

Decision-making

• Avoid putting conservation goals opposite to development

goals

• Balance conservation with sustainable use for

economically viable and ecologically sustainable

solutions

• In case of important biodiversity issues, apply the

precautionary principle where information is insufficient

and no net loss principle in case of irreversible losses

Operating Principles …

Monitoring, evaluation and auditing

• Monitor to ensure that mitigation is effectively

implemented, unforeseen negative effects are detected

and addressed, and any negative trends detected

• Make provision for regular auditing of impacts on

biodiversity

• Also make provision for emergency response measures

and/or contingency plans where upset or accident

conditions could threaten biodiversity.

Paris Declaration on BD

• BD is a natural heritage and a vital resource for all

humankind

• BD is being destroyed irreversibly by human activities

• A major effort is needed to discover, understand,

conserve and sustainably use BD

Paris Declaration on BD (January 2005)

Urges countries to:

• Set up interdisciplinary research programs to discover,

understand and predict BD, its status and trend, causes

and consequences etc. for effective science-based

decision for its conservation and sustainable use;

• Integrate BD into criteria considered in all economic and

polity decision as well as environmental management;

• Educate citizens and strengthen public awareness

program;

• Build capacity for BD research and protection;

Establish an international mechanism to:

• Provide scientifically validated information on status,

trends and services of BD;

• Identify priorities for BD conservation; and

• Inform relevant conventions, including CBD & their

Biodiversity Aspects in EIA of a HEP: A Case

Baseline Information

• Number of plant species recorded at intake site (60), intake upstream (35), intake downstream (45), access road (92), alternative approach road (31), powerhouse (29), downstream (37), staff quarters (20)

• Volume to be removed – 195 m3 at intake site, and 119 m3 at access road

• No rare/endangered species at intake site, powerhouse site, but 28 species have ecological values (soil conservation, bio-fertiliser potentials)

• Project area has limited number of protected species

• Mammals not strictly confined to project area

• 19 species of fishes found, 3 species of Asala vulnerable or rare etc.

Impacts and Mitigation Measures

Impacts

• Loss of forest cover at intake, powerhouse sites, and access road to a variable degree

• Loss of nearly 14m3 and 11m3 of forest biomass at intake and access road (53 tress to be felled down)

• Loss of some rare/endangered species

• Increase in illegal felling of trees by laborers

• Invasion of weedy species etc.

Mitigation Measures

• Count, mark and harvest trees and shrubs but keep mother trees intact to promote natural regeneration

• Compensatory plantation in 2.4 ha of land (6000 tree species, @ 2500 saplings/ha) – 3 times the actual loss and manage for 3 yrs

• Operate fuelwood depot to sale forest products of extracted trees, and provide kerosene or LPG

• All disturbed areas should be re-vegetated etc.

Biological Parameters for Monitoring

• Forest Management

• Allocation of funds for plantation, management of

actual loss of forest area, number of felled trees

and utilisation of forest products

• Compensatory plantation of local species

• Condition of local forests

• Forest regeneration in built-up areas and slope

stability

• Condition of compensatory plantation etc.

Gaps on baseline, impacts, mitigation and

monitoring requirements

Step after Study

• Implement environmental protection measures

(benefit augmentation measures and adverse

impacts mitigation measures)

• Conduct monitoring – compliance monitoring is

not related with effectiveness of the mitigation

measures, but impact monitoring addresses it

• Environmental auditing – whether measures are

really effective

• Lessons useful for similar future proposals while

identifying impacts, selecting environmental

measures, selecting monitoring and auditing

parameters and methods etc.

Contribution of Environmental Monitoring

Modi Khola HEP TL• About 35 % of 37 km. long 132 kV TL passed through the forests

• 5m strip maintained in valley and gully for wire stringing

• Biomass given to community users• Only 447 trees cut (750 trees predicted)

• Compensatory plantation in 18 ha• Most tea stalls/restaurants used kerosene for cooking

• About 500 workers involved in peak construction stage but no forest encroached

Piluwakhola Small HEP (3MW)

• Loss of VegetationPredicted Cutting of Trees Recorded Tree Cutting

146 (cbh<30cm dia) 166 (cbh<30cm dia)

• Obstacle for Fish MovementPredicted In Reality

Serious during dry months Serious during dry months

• Displacement/Habitat Loss of WildlifeWildlife Displacement Effect

Predicted In Reality

Not Considered Directly Observed on Headworks

[e.g. Pahare Monkey]

Habitat Loss

Predicted In Reality

During Construction High During Construction

Less impact during operationSource: MOPE/NORAD/IRG workshop, May 2004

Piluwakhola Small HEP

Monitoring

• Daily monitoring done by company staff

• Weekly Meeting held among staffs.

• Monthly progress report collected from contractor

• No monitoring from concerned body as per EPR, 1997

Piluwa Experience

• Loss of Vegetation can be Minimized

• Aquatic Life movement at Downstream to the Headwork is a permanent effect during dry month

26102504880887985Total

85583129056677Other13

14014000Masala 12

81081000Sissoo 11

1020102000Ipil Ipil 10

1410141000Bakaino 9

17110024Chiuri 8

491410313Phaniyar 7

320001022Sal6

6028001220Khaniyo 5

381350317Kalam 4

8617202146Simal 3

70280753Dumri2

10658250235743Khayar 1

Total20012000199919981997SpeciesSN

Kali Gandaki HEP - Tree Removal in HEP Component

Comparative Assessment of Fish diversity at

upstream of KG River

84102130TOTAL

070Mahseer (Tor tor)

2100Catfish

485Garra gotyla

050River catfish

030B. Barila

1040B. Bendelisis

860Barilius barna (minor carps)

151240S. Richardsoni

31560Schizothorax plagiostomus

38720Snow trout

085River carps

4160Copper mahseer

3 August3 MarchSept-Oct, ‘93

Auditing, ‘03Monitoring, ‘98EIA Report ‘96Scientific Name

208.68 ha149.7 haTotal Land Acquired

Approx.

162 ha

required

1.83 ha

-

4.62 ha

0.9 ha

264**

-

Transmission Line

ROW

Sub-station

4.

53.61 ha61.2 haAccess Road3.

10.5 haPower Plant Site2.

(camps

included)148.62 ha

77.1 haDam and Reservoir

Site1.

PermanentPermanent

Remarks

Actual

Monitoring

Prediction

EIAProject FacilitiesSN

Area of Land acquisition for the Project:

Prediction Vs. Actual

** Not included in total

Compliance Status in Civil Contractor

1001442466Total

10110Not complied

3152719Partially

complied

59921637Fully complied

Complian

ce

No. of

clauses

No. of

clauses

No. of

clauses

No. of

clausesStatus

Overall

%

SafetyHealthSocialEnviro

nment

Kali Gandaki HEP ..

Non-compliance

o Photo documentation of pre-construction activity areas

o Information to employees and labour force about safety, security and environment

o No spoils deposit on land without approval

o Use of excavated material

o Stockpiling of top soil

o Control on local purchase of fish

o Flagging of areas to be disturbed

o Protect workers from insects, rats etc,

o Treatment of toxic materials and wastes

o Waste management plan

o Non release of 4m3/s during dry season

Kali Gandaki HEP ..

Outstanding issues

o Riparian release of 4m3/s not maintained

o Reservoir sedimentation and back water studies

o Low effectiveness of siren warning system

o Proper disposal of waste material store at Thulobagarnot disposed yet

o Slope protection works along the access road especially at dam site area

o Plantation of 35 ha agreed between NEA and MFSC not completed yet

o Support programme to Khabar community forests

o Fish trapping and hauling program

o Protection works for Setibeni Sheela

o Housing for remaining Bote families

o Release of additional 2 m3/s during religious days

Kali Gandaki HEP ..

Outstanding issues

o Implementation of micro-credit revolving fund

o Impacts on cremation sites

o Awareness of local residents about the siren warning system

o Aspects related to operational stage monitoring

Lesson Learnt

o Establishment of EMU fruitful

o Provision of international panel of experts helpful

o Priority for hiring/job training to affected families useful

o Implementation of rural electrification program effective

o Need for emphasizing community support program

o Need for developing enforcement mechanism for non-compliance with contract clauses etc.

Initiatives of the Ministry of Forests and Soil

Conservation on Biodiversity and EA

� Implementation of EIA Guidelines for Forestry Sector,

1995

� Nepal Biodiversity Strategy, 2002 and National Wetland

Strategy, 2003

�Guidelines for review of IEE and EIA Reports of the

Forestry Sector, 2003

� Policy decision for the plantation @ 1:25 (i.e., plant 25

saplings for each trees felled, manage for five years and

handover to community groups for future management) in

owns’ cost

� Decision to include aspects about forests, watershed,

natural environment and biodiversity in hydroelectricity

and infrastructure projects before issuing TOR for EA

study

Initiatives of the Ministry of Forests and Soil

Conservation on Biodiversity and EA ..

�Power delegation for the approval of IEE reports to the Department of Forests

�Approval of the IEE Manual for Forestry Sector in June 2004 which focus, inter alia, on biodiversity conservation

�Inclusion of estimated costs required for benefits augmentation, adverse impacts mitigation and environmental monitoring of all forestry sector projects whose EIA has been approved, for example, a project aimed to tap 4,000 mt. of resin from wild pine trees should invest about NRs. 5.9 million for environmental management and biodiversity conservation activities

Initiatives of the Ministry of Forests and Soil

Conservation on Biodiversity and EA ..

� Biodiversity parameters for EA study drafted

� Projects proposed for implementation in forests must require proper assessment of environmental impacts

� Forest areas could be provided based on Forest Act, 1993

� Ongoing study on evaluation of ecological goods and services of forest ecosystem in economic term, and will be completed by mid-July 2005 that will contribute to value biodiversity in future projects requiring IA study

� Environmental monitoring format for forestry projects will be finalised soon

� Government is committed to maintain 40 percent of the total area under forests and for biodiversity conservation

Key IssuesIn general, EA reports lack:

• Proper baseline information, and use of relevant scientific literature

• Consideration of non-protected species

• Clear criteria to assess impact magnitude and significance evaluation

• Consideration of concerns of communities and other biological resource users

• Proper interpretation of results

• Information on indicator/keystone species

• Provisions to restore or create similar type (or large size) of habitat in same or nearby location, before/at the same time of development project

• No sequencing on “avoidance-minimization-compensation” measures