16
FRIENDS OF ECOLOGICAL RESERVES NEWSLETTER Inside ... THE LOG FRIENDS OF ECOLOGICAL RESERVES NEWSLETTER 201 SPRING/SUMMER 5 1 Spring/Summer 5 201 www.ecoreserves.bc.ca President’s Report Continued 2, 12 & 13 Mt. Tzouhalem - Breath- taking Vista of Wildflowers 3, 4 & 5 Final Evidence Report Executive Summary Re: Kinder Morgan’s Trans Mountain Pipeline Expansion Project 6, 7, 8, 9 13 & Survival of Southern Resident Killer Whales 1 10 & 1 The Sea Among Us - A Comprehensive Study of the Strait of Georgia 4 1 & Back Cover Visit our website at: www.ecoreserves.bc.ca FER President’s Report By Mike Fenger Continued on page 2 A sincere thanks to members who responded to a call in the Autumn/Winter LOG for support to narrow the gap between income and expenses. Things are now closer to a sustainable income-expense balance. For a small organization with a little over a hundred members, thanks to those who, along with renewing their memberships, made the extra com- mitment to become sustaining members. Also a very big thank you to all who sent donations along with their membership dues. Fifteen hundred dollars was received and we are hopeful we can reach break-even status by raising the remaining $500 needed, as the year progresses. Sorry about all the budget stuff right up front, but really, thanks! Friends of Ecological Reserves has no staff which has its drawbacks, but it also means we are not in a position where people are financially dependent on us. We remain decidedly small and decidedly volunteer-powered as we enter our 32 year as a registered charity. I think the founding alumni such nd as Lynn Milnes, Vicky Husband, Bristol Foster, Jim Pojar, Trudy Chatwin and other early FER pioneers whom I did not know, would be pleased with the FER situation and our continuing efforts today. We held our Annual General Meeting a little later than usual this spring and would like to thank those who attended on a warm Friday evening. Also, a big ‘thank you’ to our guest speaker, Matt Fairbarns, Trial Island ER war- den, for entertaining us with his informative talk entitled “A Sweep of the Broom: Why Trial Island matters and what we can do about it”. Matt gave us a brief history of Trial Island, including fascinating pictures from the archives. He discussed the ongoing battle against invasive species, primarily Scotch broom and talked about the various methods of eradicating this invasive. Because of his and his team’s efforts over the years, Trial Island has virtually no broom left. This work has helped to ensure the continuing survival of such rare and endangered plants as Victoria’s owl-clover and Golden paintbrush. We like to provide our members and supporters with a review of last years’ activities measured against our Strategic goals and aspirations. And there is some crystal-ball type forecasts about where we hope to go during the rest of 2015 and into the first quarter of 2016. Here goes:

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Page 1: Spring/Summer 5201 - Friends of Ecological Reservesecoreserves.bc.ca/wp-content/uploads/2011/12/spring... · 2015-07-08 · 2 THE LOG FRIENDS OF ECOLOGICAL RESERVES NEWSLETTER 201SPRING/SUMMER

FRIENDS OF ECOLOGICAL RESERVES NEWSLETTER

Inside ...

THE LOG FRIENDS OF ECOLOGICAL RESERVES NEWSLETTER 201SPRING/SUMMER 5 1

Spring/Summer 5201

www.ecoreserves.bc.ca

President’s ReportContinued 2, 12 & 13

Mt. Tzouhalem - Breath-taking Vista ofWildflowers 3, 4 & 5

Final Evidence ReportExecutive Summary Re:Kinder Morgan’s TransMountain PipelineExpansion Project 6, 7, 8, 9 13&

Survival of SouthernResident Killer Whales 110 & 1

The Sea Among Us - AComprehensive Studyof the Strait of Georgia 41 &

Back Cover

Visit our website at:

www.ecoreserves.bc.ca

FER President’s ReportBy Mike Fenger

Continued on page 2

A sincere thanks to members who responded to a call in theAutumn/Winter LOG for support to narrow the gap between income and

expenses. Things are now closer to a sustainable income-expense balance.For a small organization with a little over a hundred members, thanks to

those who, along with renewing their memberships, made the extra com-mitment to become sustaining members. Also a very big thank you to all whosent donations along with their membership dues. Fifteen hundred dollarswas received and we are hopeful we can reach break-even status by raisingthe remaining $500 needed, as the year progresses. Sorry about all thebudget stuff right up front, but really, thanks!

Friends of Ecological Reserves has no staff which has its drawbacks, but italso means we are not in a position where people are financially dependenton us. We remain decidedly small and decidedly volunteer-powered as weenter our 32 year as a registered charity. I think the founding alumni such

nd

as Lynn Milnes, Vicky Husband, Bristol Foster, Jim Pojar, Trudy Chatwin andother early FER pioneers whom I did not know, would be pleased with theFER situation and our continuing efforts today.

We held our Annual General Meeting a little later than usual this springand would like to thank those who attended on a warm Friday evening. Also,a big ‘thank you’ to our guest speaker, Matt Fairbarns, Trial Island ER war-den, for entertaining us with his informative talk entitled “A Sweep of theBroom: Why Trial Island matters and what we can do about it”. Matt gave us abrief history of Trial Island, including fascinating pictures from the archives.He discussed the ongoing battle against invasive species, primarily Scotchbroom and talked about the various methods of eradicating this invasive.Because of his and his team’s efforts over the years, Trial Island has virtuallyno broom left. This work has helped to ensure the continuing survival ofsuch rare and endangered plants as Victoria’s owl-clover and Goldenpaintbrush.

We like to provide our members and supporters with a review of lastyears’ activities measured against our Strategic goals and aspirations. Andthere is some crystal-ball type forecasts about where we hope to go duringthe rest of 2015 and into the first quarter of 2016. Here goes:

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THE LOG FRIENDS OF ECOLOGICAL RESERVES NEWSLETTER 201SPRING/SUMMER 52

Spring/Summer 2015

The LOG is published two times a year by theFriends of Ecological Reserves to promote

the establishment, management andmaintenance of Ecological Reserves in

British Columbia. is distributed toThe LOG

members, volunteer wardens, affiliates,supporters, government, friends and the

enquiring public.The views expressed in this newsletter are

not necessarily those of the Friends.Articles for publication are invited. The

deadline for submissions for theAutumn/Winter 2015 issue of isThe LOG

November 15, 2015.

EditorLouise Beinhauer

Design and ProductionL.B. Word Works

DirectorsMike Fenger, President,

Marilyn LambertMary Rannie

Stephen RuttanGarry Fletcher

Jenny FeickRick Page

Liz WilliamsDon Eastman, Past President

Honorary DirectorsBristol Foster

Robert BatemanTrudy ChatwinVicky Husband

Josette Wier

Contributors to this issue:Mike Fenger, Garry Fletcher, andEmily Dent

Marilyn Lambert

Memberships are based on a calendar year.Individual: $20, Family/Institutions: $25,

Students/Seniors: $15,Sustaining Member $60

Charitable BIN # 118914597RR

FRIENDS OF ECOLOGICAL RESERVESPO BOX 8477 STN CENTRAL

VICTORIA, BC V8W 3S1Email: [email protected]

Website: http//www.ecoreserves.bc.ca

Canada Post Agreement No: 40020740

Continued on page 12

warden report do share them,with , but youother wardensleave a little accessible legacy ifyou send them to FER. This ishow we build the ER egacyl ;through observations, imagesand reporting.

� Two board members Marilyn

Lambert and Garry Fletcher are

both ER wardens but there was

no regional meeting of ER

wardens on Vancouver Island

this last year. FER is unsure

which other regions held ER

warden meetings in 2014.

� Judy Miller of Parks has retiredand we wish her well in herretirement. Judy helped usmaintain and keep current theER warden list. We hope to hearof a replacement soon.

Anticipated Direction 2015/2016

� FER will continue to reach outto Area Supervisors and ERwardens to share ER specific-information/images/field tripsso we can post on the FERw e b s i t e a g a i n s t s p e c i f i creserves.

� FER will continue to encourageregional ER wardens and AreaSupervisor meetings to buildstronger relationships and sortout ER priorities for managementand research opportunities.

� FER may have had a hand inrecruiting new ER wardensthrough contact with some reaASupervisors. There are a num-ber of ERs that are fairly accessi-ble and in need of ER wardens.FER is less concerned aboutremote ERs without wardens asthe risks to these from publicmisunderstanding, i.e. fishing,hunting, plant collecting, andcamping are lower.

� We may propose a project tovisit wardens and Park s offices’in the nterior to complete aIproject similar to the Coastal ER

Goal 1. Support for the Ecologi-cal Reserves wardens program

A review of 2014/2015

� FER did work with BC Parks staffon Vancouver Island and thanksto Eric McLaren for support forathe Parks Legacy project. (Seearticle in the Spring/Summer2014 edition of the LOG. )We didnot get the opportunity to workmore closely with interior Parksregion Areas Supervisors .Al iedthough we appl to the ParksLegacy Fund in order to con-tinue this work, we were notsuccessful. There are so manydeserving volunteer organiza-tions who care deeply aboutParks it was good to seeandParks recognize groups andindividual volunteers andworthy projects(http://www.env.gov.bc.ca/bcparks/volunteers/recognition/ ).

� We hoped to more ERreceivewarden reports to post on theFER website. Some ER wardensare stellar in supplying wardenreports to FER to share andarchive. Many ER wardens donot file reports with FER and weare unsure if they file reportswith Areas Supervisors. Even anemail to FER a fewcontainingobservations and some imagesis considered a report andworthy of being placed on the‘ ’ pages of the FERwardens noteswebsite ’. Warden s reports donot need to be elaborate. Ourvision of the role of FER and theFER website and the wardens’f ri e l d e p o r t s r e m a i n sunchanged. We want to postwhatever we are sent. I you are afwarden and you visit yourreserve we want you to share,your observations and imageswith FER so we can post these.

� Similarly if you are an AreaSupervisor with BC Parks andvisit an ER or receive a ERn

President’s Report Continued

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3THE LOG FRIENDS OF ECOLOGICAL RESERVES NEWSLETTER 201SPRING/SUMMER 5

Mount Tzouhalem – Breath-taking Vista of WildflowersBy Emily Dent, BSc (Hon) Bio, BN

Mt. Tzouhalem is located inthe backyard of Duncan

( N o r t h C o w i c h a n ) , B C , o nVancouver Island. It is located onmunicipal forest land, and part of itis an 18 acre Ecological Reserve.From the summit, you can seeSaltspring Island and the CoastMountains.

The mountain was originallynamed ‘Shkewetsen’, meaning‘basking’, or ‘warming in the sun’,by the local Cowichan FirstNations. The mountain was laternamed after a Quamichan chiefwho lived on the side of themountain after being banished byhis own people . Born of aQuamichan man and a Comiakenwoman, Tzouhalem was trained tobe a warrior by his grandmother.He was infamous for his combativeand unruly behaviour.

In the mid-1800s, the mountainwas used as a target for the RoyalCanadian Navy HMS Trincomalee’scannons.

On April 26 of this year, themountain was used as a target forthe Friends of Ecological Reserves’Canons. Things change…and sopictures were taken; scads of them.And it was plain to see why:Winding past a plethora of recentlybuilt homes perched on thenorthern slope of Mt. Tzouhalem,you suddenly encounter a gravelpark ing lo t sur rounded bym o n u m e n t a l D o u g l a s f i r( ) trees.Pseudotsuga menziesiiSevera l t ra i l -heads beckon.Exuberant youth on mountainbikes launch out of the forest andinto the parking lot. Dogs abound.Bird watchers and plant nerds andnature lovers glint in the dappledsunlight. Every person who usesthe park seems happy…excellentcommon ground.

Cameras a re pr imed andintroductions are made. Our hostsfor the day are Genevieve Singletonand David Polster, who care deeplyfor the remaining wild spaces in theCowichan Valley. They are likelov ing parents and the Mt .Tzouhalem Ecological Reserve (ER)i s t h e i r c h i l d . T h e y a r eunderstatedly proud to show it tous, and yet they worry that it may bedamaged. Urban encroachment,wear and tear from park users,creation of new unintended trails,illegal harvesting, invasive speciesand climate change threaten thereserve’s health. I feel blessed to behere, despite these woes.

We start down a path at thewestern end of the parking lot,destination: the Mt. Tzouhalem ER,which is a seemingly short distance

of 200 metres from the parking lot.We don’t make it very far.

If you have ever tried to hike witha troop of biologists, you willunderstand why. Every plant, everyblossom, every fungi, every shard oflichen, every bird call, every flutterof every wing in every shrub must beexamined. Keep in mind, this is onlya small exaggeration. We are greetedby western coral root (Corallorhizamaculata) and the nodding headsof the last of the fawn li ly( ) show.Erythronium oregonumP a c i f i c s l o p e f l y c a t c h e r s( ) whistle forEmpidonax difficilisu s t o a p p r o a c h . A m a n i t amushrooms hunker down in theshade, and the ocean spray( ) is preparingHolodiscus discolorto make its flowers. The air is clear

Continued on page 4

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4 THE LOG FRIENDS OF ECOLOGICAL RESERVES NEWSLETTER 201SPRING/SUMMER 5

and sweetly earthy with the tang ofDouglas fir essence. We slowly flowinto the forest, enjoying the journey.

The trail winds through Douglasfir dominated slopes, rising up to arocky plateau. Subtle signagereminds park visitors that they haveentered the Ecological Reserve. Bydefinition, ERs are meant to protectexamples of rare, endangered orunique ecosystems. Sometimes,human intervention is needed sothat ecosystems remain as they are,and evidence of this is visible in theMt. Tzouhalem ER. One of the firstthings that you will notice is anabundance of girdled Douglas firtrees within the Reserve. BecauseMt. Tzouhalem ER is considered aprime example of a Garry oak( ) woodland,Quercus garryanathe Douglas firs have been ‘sacri-ficed’, in order to keep it that way.Without removal of the Douglas fir,the trees would eventually come todominate and the Garry oakwoodland would disappear.

It is a hot button issue, andmuted discussion takes placeamong some of the visitors. ManyGarry oak meadows exist becauseof anthropogenic manipulation:First Nations regularly burnedthese ecosystems in order to enrichand maintain associated camasgardens. Any Douglas fir trees andencroaching shrubs would be lostin the fire. Oaks and annual wild-flowers, grasses and bulbs wouldemerge anew the following spring.Those who agree to Douglas firgirdling argue that it is no differentthan prescribed burning becauseboth are intentionally carried outby people. As we can no longerburn the Garry oak meadows dueto fire containment issues, girdlingis the new ‘torching’. On the otherhand, those who disagree withDouglas fir girdling feel that it isunethical to select for one speciesover another and as such, succes-sion should be allowed to take

place, even if it means losing Garryoak ecosystems.

For now, at least, regardless ofwhich side of the debate you are on,if you walk through the split railfencing that borders the Mt.Tzouhalem ER, you will be greetedby a breath-taking vista of wild-flowers and crooked oak treesperched high above the Cowichanvalley below. It looks and feels asthough you have just stepped into a

painting. The shallow soil is domi-nated by blazing magenta seablush( ) blendingPlectritis congestabeautifully with the rich purple ofcamas ( ) andCamassia quamashthe vibrant yellow of the springgold ( ) andLomatium utriculatumwestern buttercup (Ranunculusoccidentalis).A mountain-goat-esque path meanders gently

Deltoid balsamroot (Balsamorhiza deltoidea)

Continued on page 5

Mt. Tzouhalem cont’d. from page 3

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through the rich carpet of herbs.T h e r e a r e s h o o t i n g s t a r s( ), Menzie’sDodecatheon sp.larkspur ( ),Delphinium menziesiid e a t h c a m a s ( Z y g a d e n u svenenosous) and Pennsylvaniasedge ( ).Carex pen lvanicansyHere and there, a chocolate lily( ) makes aFritillaria lanceolatacameo appearance. And tuckedaway in a gentle pocket of slopinggreen, there is a small huddle of themountain’s own sunflowers: theelusive and stunning deltoidb a l s a m r o o t ( B a l s a m o r h i z adeltoidea). Its shocking yellow rayscontrasted sharply against thesurrounding emerald stems andthe ashen oak bark. It seemed as if itpurposely chose the spot in whichit grew.

Up on top of Mt. Tzouhalem,there was not a spot you could lookwithout feeling a stirring of awe. Ittruly is a special place, and it isdefinitely worth an attentive hike.Mid to late April offers primewildflower viewing.

Following our tour of Mt.Tzouhalem ER, our wonderfulhosts had a final ace up theircollective sleeve: we caravanneddown into the valley to an area nearQuamichan Lake. This area offers acontrasting example of a Garry oakmeadow on deep, rather thanshallow, soil. The oaks are massive,and belong in the romantic sceneof a dewy love story. Tall and thick,the deep soil Garry oaks have longdown-arching branches andspectacular shapes.

This is the site of a WesternBluebird ( )Sialia mexicanareintroduction effort, the ‘BringBack the Bluebirds Project’, whichis led by the Garry Oak EcosystemsRecovery Team (GOERT). There arecurrently 18 adult Bluebirds, six ofwhich are breeding pairs, with atotal of 16 nestlings. The birds aresupplemented with insect food onfeeding platforms, and there are

several nest boxes perched in thesurrounding Garry oak trees. Weare fortunate, and see a few maleWestern Bluebirds; their cobaltwings and ruddy breasts andshoulders are lovely, and shine inthe sun like a tropical sea.

Western Bluebirds were reintro-duced to the Cowichan valley in2012, nearly 20 years after one waslast seen in there in 1995. They aretranslocated from a healthy popu-lation in Washington State. Thebirds seem to be making a tena-cious foot-hold in the valley, andhave been spotted in Duncan,Metchosin and on Mt. Tzouhalem.On a clear day, you can see Mt.Baker, in Washington State, fromthe top of Mt. Tzouhalem; perhapsthe Western Bluebirds pay a visit

there so they can peek at their oldhome, and, at the same time,delight in their new one.

Oaks and wildflowers andinsects and western bluebirds areall beautiful and need your help! Ifyou are interested in lending ahand with Mt. Tzouhalem ERstewardship, or the Bring Back theBluebirds Project, please do nothesitate to contact any of thefollowing folks:

Garry Oak Ecosystems RecoveryTeam (GOERT) ‘Bring Back theBluebirds Project’Email: [email protected]: 250-383-3427

Friends of Ecological ReservesEmail: [email protected]: www.ecoreserves.bc.ca

5THE LOG FRIENDS OF ECOLOGICAL RESERVES NEWSLETTER 201SPRING/SUMMER 5

Camas ( with a sample of a paler colour variantCamassia quamash)

Mt. Tzouhalem cont’d. from page 4

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Final Evidence Report Submitted to the NationalEnergy By the Board of FER Regarding the Kinder

Morgan - Trans Mountain Pipeline ProjectBy Garry FletcherMike Fenger and

Continued on page 7

This evidence report from Boardof the Friends of EcologicalReserves (Board of FER) is for theNational Energy Board (NEB) toinform their decision on theKinder Morgan Trans MountainPermit (KM-TMX) Application. Wehave reprinted only the ExecutiveSummary due to the length of thewhole report. Please visit:http://ecoreserves.bc.ca/2015/05/28/final-evidence-report-tmx/ toview the report in its entirety.

FER is a small non-governmentorganization (NGO) that

through volunteer efforts sup-ports Ecological Reserves (ERs)and BC Parks staff who have thelegal responsibility to manageERs. FER was formed 32 years agowith goals to maintain andenhance ERs so that they meettheir intended legislated pur-poses as defined under theEcological Reserves Act of BC.Those purposes are to serve asnatural area benchmarks forresearch, education and monitor-ing for the benefit of BritishColumbians, government agen-cies, scientists and First Nations.We outline why monitoring andresearch in the 19 marine ERsalong the tanker route is impor-tant to improve ecosystemunderstanding over the life of theKM-TMX project (30+years).Research and monitoring infor-mation (baseline and ongoing) iscritical in the event of an oil spill

and restoration. This reportrecommends to the NEB a num-ber of permit conditions pat-terned after the permit condi-tions applied to the EnbridgeNorthern Gateway project. If thisproject is approved, the recom-mended conditions are intendedto ensure that collection andmaintenance of informationabout the natural environmentwill occur over the life of the KM-TMX project so that knowledge-based incremental improvementscan be made.

Chapter One discusses theBoard of FER’s focus on marineecosystems and the speciesassociated with the 19 EcologicalReserves situated along the oiltanker route. We present a casefor pre- and post-spill monitoringin ERs as fundamental to under-standing marine ecosystems

Executive Summary

from the Report

under natural conditions and tolearn of their resilience and/orrestoration capability in the eventof an oil spill. The Board of FERfocused on three of the 11 issuesidentified by the NEB. These are:

� Issue 4: cumulative environ-mental effects that are likely toresult from the project;

� Issue 5: potential environmen-tal and socio-economic effectsof marine shipping activitiesincluding the potential effectsof accidents or malfunctionsthat may occur;

� Issue 11: contingency planningfor spills, accidents or mal-functions during operation ofthe project.We conclude that the environ-

mental reports submitted by KM-TMX have failed to address theseissues and that the KM-TMX

Ecological Reserves with Marine Shoreline and Foreshore Habitat

6 THE LOG FRIENDS OF ECOLOGICAL RESERVES NEWSLETTER 201SPRING/SUMMER 5

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project as submitted should notbe approved. If the project isapproved, our recommendedconditions are intended toensure that information toaddress Issues 4, 5 and 11 will beobtained during the life of projectand inform emergency spillplanning, habitat compensation,and species and ecosystemresilience susceptibility to thetoxic effects of Dilbit.

Chapter Two outlines how theBoard of FER gathered evidenceand participated in the NEB KM-TMX process. This was andcontinues to be a time-consumingprocess and our participationwould not have been possiblewithout support from the NEBParticipant Funding Program. Welearned that the NEB process isflawed, as it does not include theopportunity for intervenors tocross-examine the proponent norpose questions of Canadiangovernment agencies with legalresponsibility for environmentalmonitoring and oil response. Wetrust that in the future there willbe a national energy strategy withclear policies to meet carbonemissions targets within timelimits in order to mitigate climatechange, so that projects such asKM-TMX can be assessed in abroader context along withalternate energy investments andsubsidies. We are unclear frominformation brought to theprocess, the extent to which KM-TMX contributes taxes in Canadaand the extent to which Canadianssubsidize oil energy in generaland KM-TMX specifically.

Chapter Three lists the 19marine ERs potentially impactedby the KM-TMX project. For eachreserve there is a summarydescription of the values, a list of

the threatened and endangeredspecies, estimated shorelinelengths, and summary of currentmonitoring and research gaps.The Board of FER is concernedabout the inadequacy of baselinemonitoring in ERs as well asresearch and monitoring gaps inthe broader marine ecosystem.

We understand that KM-TMXcasts this project as a minorincrease in tanker traffic from sixto 14 per cent but we see thisproject as a very major increase(>360 per cent) in oil tankertraffic. In this respect, KM-TMX isthe major player bringing thehighest risk to British Columbiansand coastal ecosystems and withthat there must be concomitantresponsibilities.

Also in Chapter Three, wereview monitoring for species(some listed) such as: killerwhale, elephant seal, Californiasea lion, northern (Stellers) sealion, river and sea otter, marinebirds, over-wintering birds,salmon, rockfish, forage fish andinvertebrates associated with ERs.

These sections highlight severalintervenors’ calls for betterassessment of the potentialdamage to fish resources andothers too identify huge gaps inwhat has been presented by KM-TMX. The proximity of a numberof rockfish conservation areasalong the tanker route has notbeen given the concern that itdeserves. The diverse habitats offorage fish, invertebrates, seagrasses and marine algae appearto have been entirely discountedin assessments done by KM-TMX.Essential marine food webs havebeen ignored from the assess-ment. Lack of knowledge of theabundance and importance of thehighly diverse community ofinvertebrates is a gap. A failure toconsider any indicator speciesshows a lack of scientific rigour inthe KM-TMX assessment report-ing. On some of the islandreserves, the rare terrestrial plantassociations were not mentionedin KM-TMX impact reporting,

Final Evidence Report Cont’d. from p. 6

Continued on page 8

Northern or Steller Sea Lion Male, Female and Pup at Race Rocks EcologicalReserve (Photo by Ryan Murphy 2010)

7THE LOG FRIENDS OF ECOLOGICAL RESERVES NEWSLETTER 201SPRING/SUMMER 5

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Continued on page 9

even though air-borne dispersalof pollution from sea spray in theevent of an oil spill would verylikely lead to local extirpations.Even the Committee on the Statusof Endangered Wildlife in Canada(COSEWIC)-listed “species atrisk” in several ERs have not beenaddressed, so we include whatspecies were absent from KM-TMX reports along with ourconcerns and we have providedreferences and excerpts frommore recent studies to KM-TMX.

Chapter Four reviews lessonslearned by the Board of FERthrough our review of the KM-TMX documents and InformationRequests (IRs) #1 and #2. Thetext of communications betweenthe Board of FER and KM-TMX isprovided in table summaries inAppendices B (IR#1) and C(IR#2). We outline our experi-ence through these two rounds ofIRs and read the KM-TMXresponses to other intervenors’requests too. We filed motions tocompel KM-TMX to provide fulland adequate responses. We gotlittle additional information as aresult. We see a lack of leadershipand commitment by KM-TMX toaddress our questions and toaddress NEB Issues 4, 5 and 11.We now understand KM-TMX isdiligently working to theirlimitrole in marine systems to solelysupport the Western CanadaMarine Response Corporation(WCMRC) and are content to haveagencies such as the CanadianCoast Guard (CCG), the BCGovernment, Department ofFisheries and Oceans (DFO) andvolunteer groups such as FER,monitor and improve knowledgeon how to manage the increasedrisk to marine ecosystems fromthe KM-TMX project. KM-TMX willb e c o n t e n t i f n o m u l t i -

stakeholder forum is put in placeto review and provide informa-tion that would in future compelchanges in practices basedadvances in learning on how tobest reduce risk. We concludedthat KM-TMX has not acceptedany level of responsibility oraccountability for marine systemsdespite the NEB direction toaddress the marine environmentand impacts.

During Information Requests#1 and #2, KM-TMX showed nointerest in commitments andweak collaboration with a varietyof stakeholders. No voluntarycommitments were made by KM-TMX similar to those made byEnbridge. We have learned thatKM-TMX is not interested inparticipating in acquiring knowl-edge in the marine environment,nor being involved in developingincremental improvements totanker traffic and risk reductionstrategies, nor having a structuredforum in which to periodicallyreview newer information,practices and plans. KM-TMXresponses to many of our ques-tions, has been to provide assur-

ances that agencies such asWCMRC (a subsidiary of KM-TMX), CCG, Environment Can-ada and the BC Government haveresponsibilities for spilled oilclean-up and that tankers carryinsurance. KM-TMX has con-vinced itself that it has no respon-sibility beyond the WestridgeTerminal and none for oil in themarine environment. The Boardof FER disagrees and sees KM-TMX as abdicating responsibilityfor marine transport while addinghuge risk. We conclude that onlythrough permit conditions canKM-TMX be brought to accountfor, and contribute to learninghow to manage and mitigate therisk to marine ecosystem. KM-TMX expects to get a free ride foroil transport in the marine por-tion of their export business.Unless the NEB requires suffi-ciently stringent permit condi-tions, the Board of FER fears thatthis will come to pass.

Chapter Five recommends tothe NEB 12 Permit Conditions forthe KM-TMX project. We arguethese conditions (based on

Black Oystercatcher adult and chick. These birds nest in the upper intertidal zone of rockyislands of the Race Rocks Ecological Reserve (Photo by Raisa Mirza 2010)

8 THE LOG FRIENDS OF ECOLOGICAL RESERVES NEWSLETTER 201SPRING/SUMMER 5

Final Evidence Report Cont’d. from p. 7

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Enbridge conditions) need to belonger-lasting and at arms-lengthfrom KM-TMX. This is because theSalish Sea and Strait of Juan deFuca have much higher popula-tion density, greater concentra-tion of shipping (risk of acci-dents) and the higher concentra-tion of environmental valueslinked to the Fraser River Estuary,Strait of Georgia and Strait of Juande Fuca. These conditions needto be at arms-length from KM-TMX but involve KM-TMX. KM-TMX’s lack of interest requires anarms-length arrangement toallow others interested andknowledgeable in marine ecosys-tems a collective role towards anuncertain possibly environmen-tally devastating future. Anoverview of the recommendedconditions follows:1. Establish a Research and

Monitoring Endowment Fundto provide stable long termfunding for research andmonitoring over the life of theproject (30+years), to learnhow to make incrementalimprovements to practices,plans, marine ecosystemrestoration, etc. The Endow-ment needed is estimated tobe at least $450 million. Thiscould be achieved with a 1%environmental levy or theequivalent of an environmen-t a l s u r c h a r g e e q u a l t o($0.25/barrel of oil). Such alevy would accrue the Endow-ment fund within a 6 to 10year time period based onexpected forecasted oi lexports. This Endowmentconservatively invested (2%return on investment) pro-vides stable secure funding fora $9 million marine researchand monitoring programannual budget over the life of

this project.2. Form a multi-stakeholder

Board of Trustees responsiblefor the management of theE n d o w m e n t F u n d a n dapproval of annual expendi-tures of a Marine Researchand Monitoring Program(MREMP). Trustees wouldrepresent the interests of FirstNations, KM-TMX, FederalG o v e r n m e n t ( D F O a n dEnvironment Canada), BCEnvironment, State of Wash-ington, NGOs (FER and PacificSalmon Foundation) andthree other representativesselected by the Trustees.

3. Details on filing of progressfor establishing the Endow-ment fund and the MREMP(Conditions 1 and 2) to theNEB.

4. Filing progress and results ofmonitoring and researchdone by the MREMP.

5. Set the boundaries of theMREMP to those equal to thesize of the area identified as aHigh Spill Risk Zone forWestern Canada) as identified

by Tanker Safety Panel 2013(see references for access tothis report).

6. Conduct enhanced marinespil l trajectory and fatemodelling to support condi-tions 7, 8, 10 and 11. Model-ling capacity needs to bemaintained as part of theMREMP program to assessrisks and support spill pre-paredness planning andunderstand how best tomitigate impacts.

7. Develop and maintain a MarineHabitat Compensation Planand take responsibility forquality assurance and for up-dating shore zone mapping (toinform by condition 5, 10 and12) and ensure that shore zoneinventory is available as acoastal planning tool in gen-eral.

8. Conduct marine ecosystemresearch on potential impacts,mitigation, resilience andrecovery to marine ecosys-tems and species includingtoxicological research on

Surf Grass and Associated Community of Hydrocorals and Other Organisms Exposed atLow Tide at Race Rocks (Photo by Garry Fletcher)

9THE LOG FRIENDS OF ECOLOGICAL RESERVES NEWSLETTER 201SPRING/SUMMER 5

Final Evidence Report Cont’d. from p. 8

Continued on page 13

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Survival of Southern Resident Killer WhalesBy ,Garry Fletcher Race Rocks ER Warden and FER Board Member

Certainly it was great news toread in the April 1, 2015

edition of the ofTimes Colonistthe birth of another orca to theSouthern Resident killer whalepopulation. (TC April 1, 2015.)Lets not be mislead however intothinking that new births willcounter the current and impend-ing problems this species is facingin the Salish Sea which willprobably lead to their extinction.

Contamination of their habi-tat, ongoing interference inwhale behaviour by the boatingpublic, overfishing of herringand salmon and now the seriousrisk from increased tanker trafficresulting from the Kinder Mor-gan/Trans Mountain PipelineExpansion Project, (KM/TMX)have much more to do withwhether or not this populationof the species will survive.

The background noise fromall marine vessels and the risk ofships striking whales is perhapscurrently the most seriousproblem for survival of thew h a l e p o p u l a t i o n s . T h eresearch of BEAM Reach inWashington State has provided astark picture of the thresholdlevels of acoustic noise fromships beyond which Killerwhales are not able to obtainfood and communicate byEcholocation.

They found that: “At least oneship is present about 40 per centof the time and when that ship isgoing through the area, itreduces the range that whalescan communicate by 68 percent,” That means the whalesmiss about 37 per cent of callsand, if traffic doubles – as it could

with increases in oil tankers fromtwinning the Kinder Morganpipeline from Alberta to Burnabyand with 21 per cent morecarriers and barges from pro-posed coal terminal expansionsin B.C. and Washington – it isestimated the whales will miss 44per cent of the calls.

Current noise levels meanwhales are already findingalmost 50 per cent less fish thanthey would otherwise and adoubling of traf f ic wouldincrease that to 58 per cent. Thenoise is having a significantimpact as is the scarcity ofchinook salmon. Canadian andU.S. government studies havepinpointed lack of salmon – andparticularly the whales’ pre-ferred diet of chinook – noiseand pollution as the majorthreats faced by the resident killer

whales.In January of this year the

Department of Fisheries CanadianScience Advisory Secretariat, PacificRegion issued a report which dealtwith the inadequate aspects of theenvironmental assessment processthat KM/TMX has done in itsApplication for the Project.

In the report entitled “Suffi-ciency Review of the Informationon Effects of Underwater Noise andthe Potential for Ship Strikes fromMarine Shipping on Marine mam-mals in the Facilities Application forthe Trans Mountain ExpansionProject,” the conclusions are clear:

“There are deficiencies in boththe assessment of potentialeffects resulting from shipsstrikes and exposure to under-water noise in the TransMountain Expansion ProjectApplication documents.

The figure shows the probability of oil presence and dispersion within the Salish Sea followingan oil spill during the fall. The overlap with critical habitat of Southern Resident killer whales issignificant.

Continued on page 11

10 THE LOG FRIENDS OF ECOLOGICAL RESERVES NEWSLETTER 201SPRING/SUMMER 5

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There is insufficient informa-tion and analysis providedwith which to assess ship strikerisk in the Marine RSA fromeither existing or Project-related traffic. Ship strike is athreat of conservation con-cern, particularly for baleenwhales such as Fin Whales,Humpback Whales and otherbaleen whales (Gregr et al.2006). If shipping intensityincreases as projected inSection 4.4 in the Marine RSAand the Strait of Georgia andJuan de Fuca Strait as awhole, the significance of thisthreat to cetacean popula-tions that occupy the regionwill increase.Incidence of recovered whalecarcasses is not considered tobe an adequate measure of thefrequency of ship strikes. Noinformation is provided aboutthe speed and maneuverabil-ity of Project-related ships orthe distribution of whales inrelation to the shipping lanes.Analyses that consider thestatistical probability of ship-whale encounters and the riskof collisions are consideredappropriate methodologies toassess this potential effect.

The JASCO MONM model, asit has been applied by theProponent, is not adequate toassess the overall impact ofnoise from increased Project-related traffic. Although state-of-the-art acoustic modellinghas been used to model thenoise propagation associatedwith a single Project-relatedtanker in the Marine RegionalStudy Area ( ) used to setRSAthe boundary of the KM/TMXenvironmental Assessment),only four locations werechosen to represent acoustic

marine noise from with theMarine RSA; therefore, theassessment does not ade-quately represent the noiseexposure for the entire time amarine mammal would be inthe RSA . The assessmentrepresents only Project-relatedtanker traffic and not thecurrent noise environment orthe potential increase due toProject-related traffic.

Finally, the method used toassess the significance ofimpacts from the modellednoise level contours resultingfrom a single Project-relatedtanker and tug on indicatorcetacean and pinniped speciesis qualitative and the lack of anappropriate assessment frame-work reduces DFO's ability toevaluate the assessment.”

Whales are just one ecologi-cal component that is at riskwith this project. In the Strait ofGeorgia and the Strait of Juan

de Fuca, within just a fewkilometres of the tanker trafficlanes, harbour seal and ele-phant sea l b i r th ing andhaulout sites, sea lion colonies,sea-bird nesting, migrating andoverwintering habitat are allbeing part of the sensitiveecosystem which supportsnumerous fish, invertebratesand algal communities. All areat extreme risk from increase inchronic oil contamination,(from bilge and exhaust frommarine vessels) and a cata-strophic oil spill which ispredictable given the leveltraffic which will be goingthrough Boundary passage,Haro Strait and the Strait ofJuan de Fuca if this projectwere allowed to go ahead asproposed.

Orcinus orca (killer whales) southwest of Race Rocks Ecological Reserve (photo by JeffLorton)

Survival of Killer Whales, Cont’d from p. 10

11THE LOG FRIENDS OF ECOLOGICAL RESERVES NEWSLETTER 201SPRING/SUMMER 5

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President’s Report Cont’d. from page 2

Legacy Project and seek ERspecif ic information fromregional files.

� Other activities to be decided.

Goal 2. Support studies in ERs

A review of 2014/2015

� I t takes funds to supportresearchers and FER hopes tofind new sources of funding toenable ER specific research. We-sadly had to turn down somemodest requests for support andcould only steer researchers andER wardens to the ParksEnhancement und. SometimesFa small amount of funding canmake the difference in gettingnew data for an EcologicalReserve. FER hopes to be in aposition to offer assistance tothose who choose to add to theresearch legacy of specific ERs.

� We applied for and receivedintervenor in the NationalstatusEnergy Board (NEB) Environ-mental Review of the KinderMorgan Trans Mountain Expan-sion project. We also applied tothe Participants Funding Pro-gram as an intervenor and after an i n e m o n t h d e l a y w e r e-approved up tofor an amount2/3 of what we applied for.

� We are optimistic that BCMuseum staff may get to OspikaCones and Sikanni Chief Ecolog-ical Reserves to sample speciesin these ERs. These ERs areextremely remote and difficultto access and we gratefulwill befor data n these reserves.any oThe purpose of BC Museum’sstaff tovisit is sample flora andfauna to compare plant commu-nities in these ERs to those ofPink Mountain a candidate ER.,We are work with Ron Longingwho continues to add to thebaseline information on PinkM o u n t a i n . P l e a s e v i s i t :(http://pinkmountain.ca/home/ron-long)

� We will seek new sources offunds to channel to researcherswilling to add to field studies toincrease understanding of basicecology in ERs. We dream ofcourse to be in a position to add,data needed for understandingexisting ERs and what may beneeded to carry the biologicallegacy into an uncertain climatefuture. FER believes it couldefficiently allocate funds to ERsand manage a ER specificn -r e sea r ch in the order o f$250,000+. This would ensurethat there is standard baselinedata for all ERs.

Anticipated Direction 2015/2016

� It is hoped that our InformationRequests and Final EvidenceReport to the National EnergyBoard Trans Mountain Expan-sion roject meets with successPin terms of monitoring/surveysand building better baselinesand improved cross agency-cooperation. (see story page 6)We are unsure if the project willbe approved but prepar, have edpermit condit ions for theNat ional Energy Board toconsider, based on conditions

Continued on page 13

12 THE LOG FRIENDS OF ECOLOGICAL RESERVES NEWSLETTER 201SPRING/SUMMER 5

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imposed on the EnbridgeNorthern Gate roject.way PHopefully our modest proposalto improve monitoring ofindicator s and establishpeciesbaselines for ecosystem indica-tor health, resilience and pro-ductivity meet with success. Weneed baselines and longer termmonitoring in light of the 460 percent increase oil tanker trafficand the enormous oil spill riskand environmental damage thisproject brings to coast waters.

� We hope to interest somegraduates and undergraduatesto work in ERs.

� Other action to be decided.

Goal 3. Support development ofa resilient science-based ERsystem

A review of 2014/2015

� FER will continue to work withlarger conservation organiza-tion with similar goals ofsimproving marine and terrestrialprotected areas.

� FER met with the Assistant DeputyMinister of Parks and seniorplanners in Forest Land andNatural Resource Operations witha specific proposal for new ERs.The discussions are on-going.

� Other actions to be decided.

Anticipated Direction 2015/2016

� Continue with a process to make

decisions on the candidate ERs

proposed to government in 2014.� Other action to be decided.

Goal 4. Raise awareness of thevalue of ecological reserves

A review of 2014/2015

� Continue our newsletter theLOG and our Annual GeneralMeeting and our annual publiclecture series.

� Maintain the ER website, addreports and images as madeavailable and encourage wideruse of the FER website by war-dens and Area Supervisors.

� Other action to be decided.

Anticipated Direction 2015/2016

� Find more help with web postingsand web management so GarryFletcher does not need to carrythis webmaster responsibility tothe level that he does.

� Continue to post informationrelated to NEB with regard topotentially impact MarineonEcological Reserves.

� Other action to be decided.

Goal 5. Sustain a nurturing andeffective organization

A review of 2014/2015

� Increase membership and build

a larger operating budget.

� Remain volunteer run organi-azation and aim to stay that sizewithout staff.

� We are so thankful that LizWilliams has joined the FER asshe brings considerable experi-ence to the FER Board especiallyon workings of government anddecision making.

� Stephen Ruttan and Jenny Feick,FER members,Board have takentemporary leave to purs e traveluplans. We are happy for them butwill miss them at the monthlyboard meetings.

� The Board of FER organized ajoint field trip with members ofthe Victoria Natural HistorySociety to Mount Tz uhalem withothe Dave Polster and GenevieveSingleton ER wardens as ourguides. It(see story on page 4)was so good to get out with like-minded naturalists into this ER.

� Other action to be decided.

Anticipated Direction 2015/2016

� .Recruit new Board members� Apply funding to do specificfor

projects to complete on acontract basis.� Maintain or increase membership.� Organize field trips to ERs for

Board and interested public.� Other action to be decided.

President’s Report Continued from page 12

13THE LOG FRIENDS OF ECOLOGICAL RESERVES NEWSLETTER 201SPRING/SUMMER 5

12. Participate in and fil ingupdates on Spill PreparednessPlans and consultation plans.

Chapter Six is a tabular sum-mary of the Conditions recom-mended by Board of FER to theNEB.

Appendices: Appendix A is aletter of support to the BC Gov-ernment for disclosure of spillpreparedness plans and isincluded with this report.

Appendix B is a summaryInformation Request #1 and the

aquatic organisms as part ofthe MREMP.

9. Develop and maintain aMarine Mammal ProtectionPlan informed by Conditions6, 7 and 8 as part of theMREMP.

10. Reporting details on theMarine Research ProgramProgress Reporting condi-tions 6, 7, 8 and 9.

11. Details of filing of Spill Pre-paredness Plans and consulta-tion plans.

KM-TMX response and a separatedocument.

Appendix C is a summary ofInformation Request #2 and aseparate document.

Final Evidence Report Cont’d. from p. 9

Visit our website at:

www.ecoreserves.bc.ca

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14 THE LOG FRIENDS OF ECOLOGICAL RESERVES NEWSLETTER 201SPRING/SUMMER 5

T he Sea Among Us by RichardB e a m i s h a n d G o r d o n

McFarlane, published by HarbourPublishing, presents a comprehen-sive study of the Strait of Georgia.Twelve experts have come togetherto provide chapters on fish, marinemammals, geology, oceanography,birds, the history of settlement andof industry. The book is written forthe general public and the authorshope that the information itprovides will form a commoncurrency for stewardship that willbe needed as the populationaround the Strait of Georgiaincreases by about 50 per cent overthe next few decades.

The Strait of Georgia is thecentre of recreational and commer-cial activity in British Columbia. It isalso a major rearing nursery for anumber of important species ofinvertebrates, fishes, marinemammals and birds. As GordonMcFarlane writes: “With theanticipated population growth,there will be more habitat destruc-tion from coastal development,increased discharge of contami-nants and sewage from urbanareas, and increased use of thestrait by resource industries such asaquaculture, fishing and forestry.Marine vessel traffic will increase,as will recreational use. Althoughdebate continues on the relativeimpacts of these various threats,there is no debate on the require-ment for new, more holisticapproaches to prevent or mitigateimpacts, and to sustainably managethe use of the strait and itsresources. These approaches willrequire movement toward buildingframeworks for ecosystem assess-ment and management.

“Ecosystem assessment refers tomonitoring climate ocean indicesand indicator species to detectphysical and biological changes.

Comprehensive Study of the Strait of Georgia

Indicators should be directlyobservable and based on well-defined theory, while also beingunderstandable to the generalpublic, cost effective to measure,supported by historical time series,sensi t ive and responsive tochanges in ecosystem state, andresponsive to properties they areintended to measure. Withoutongoing monitoring and evalua-tion of the effectiveness of manage-ment actions, we have no way ofknowing if management strategiesare working.

“Ecosystem management incorpo-rates this scientific information into

developing resource managementplans. Most effective ecosystemmanagement would result from thecollective adoption of policies by allsectors (i.e, fisheries, forestry, etc.)rather than each sector creating theirown isolated policies. It is unlikelythat government will lead theseefforts, but rather they will be movedforward by a concerned well-informed public. Development ofthese approaches should allow us toboth predict how biotic and abioticfactors will change the Strait ofGeorgia and implement develop-ment plans for all users of the strait to

Continued on back cover

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Visit our website at:

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“ ” cont’d. from p. 1The Sea Among Us 4

the primary factors affecting earlymarine survival of salmon, andultimately to apply this knowledgeto restore and sustain local fisheriesand community benefits. Profitsfrom the sale of The Sea Among Uswill be directly invested in thisrestoration program.

For more information or topurchase the book ($39.95) pleasevisit Harbour Publishing website:www.harbourpublishing.com orthe Pacific Salmon Foundation’sSalish Sea Marine Survival Projectat: https://www.psf.ca/what-we-do/salish-sea-marine-survival-initiative

ensure a healthy, resilient ecosystem.”Unfortunately, by the late 1980s

there were signs of change in thestrait. One major issue was thedecline of Chinook salmon return-ing to the Cowichan River. A shortwhile later major changes in theabundance and behaviour of cohosalmon resulted in the closure ofcoho fisheries in Southern BC.There were many other ecologicalchanges occurring such as the lossof kelp beds and local herringspawning locations. These changeshad a huge impact on the lives ofmany people living on the Strait ofGeorgia.

Some twenty years have passedsince the loss of the Strait ofGeorgia coho and yet little hasbeen done to explain the changesor mitigate the effects. Increasingpeople’s appreciation of the straitis an essential step to its care andprotection.

The Pacific Salmon Foundationused the publication of this book toannounce the creation of the SalishSea Marine Survival Project (2014 -2018), which will tackle the chal-lenge of restoring sustainableChinook and coho fisheries withinthe strait. The project is a multi-disciplinary program to understand