Oceans Update - Fall 2015
Letter from the Executive Director
The court case against the Northern Gateway pipeline
The Court of Appeal hearings on Northern Gateway wrapped up October 8 and I have to say that all of the counsel representing the applicants aced the job! I am deeply grateful to Ecojustice counsel Barry Robinson and Karen Campbell who represented Living Oceans, Raincoast Conservation Foundation and Forest Ethics Advocacy.
The case was heard by Mr. Justice David Stratas, Mme. Justice Eleanor Dawson and Mr. Justice Michael Ryer. We received the best hearing that a litigant can expect: unfailingly respectful, without a hint of pre-judgment. Much of the credit for this goes to our counsel, who worked together to divide up arguments so that the Court’s time was used to best effect; and all of whom were well-prepared, articulate and effective advocates.
Enbridge, of course, never fails to entertain. Their counsel attempted to introduce new evidence at the hearing, without bothering with the customary advance request to other counsel for their consent. To make matters worse, what they were trying to put in was evidence of so-called “consultation” with First Nations which took place after the decision by Cabinet to approve Northern Gateway. This is irrelevant on judicial review, where the court looks at what was before the decision-maker at the time the decision was made. The Court made short work of that motion, without even calling on the applicants to respond to the request.
I thought it was noteworthy that the Court recalled counsel for Canada and insisted that he address a few points on which he had intended to defer to Enbridge—and that he do so before Enbridge gave their argument. It seemed to me that the Court was clearly calling on the federal government to defend its own decision.
The cases present some novel issues that the Court is going to have to reflect on for a bit—Justice Stratas observed early on that he finds the changes to Canadian Environmental Assessment Act and the National Energy Board Act result in a unique legislative scheme—so we should not expect a decision for some months.
There is no point in speculating on the outcome. What I can say is that many of the arguments appeared to be well received; and that Justice Stratas asked nearly everyone to answer the question, “how bad does the Joint Review Panel report have to be before we find that it’s not in fact a ‘report’ within the meaning of the NEB Act and therefore the Cabinet didn’t actually have a report that it could rely on in making its decision?” I found it a hopeful sign that the Court is at least examining the situation from the perspective of our arguments.
Everyone who has suffered through the JRP process, worked to promote the Pull Together campaign and to keep this issue alive in public discourse should feel very, very good about what went down this past week in Court, come what may!
Photo contest winners
'Getting some air' by Wendy Davis won first place in the Coastal Life category of our 2015 photo contest.
Our judge, Andrew Wright has chosen the winners of our 2015 Ocean Exposures photo contest! We had some wonderful entries this year. You can see all the winners and their prizes on the photo contest page.
Clear the Coast collects five tonnes of debris
Our Clear the Coast expeditions to northern Vancouver Island and the Cape Scott Islands in August and September saw our volunteers collect an amazing five tonnes of marine debris. Last year, working on three beaches in Cape Scott Provincial Park, we picked up 2.67 tonnes of plastic from all over the world, with Japanese-labelled items comprising about one-third of the total. This year’s haul, which amounted to about 3.5 tonnes for the three beaches, washed in during just one year. Nearly all of it bore manufacturer’s marks or labels from Japan, meaning it was likely washed to sea by the 2011 Tohoku tsunami.
Sea Otter Cove, August 17-24, 2015
It was delightful to return to Sea Otter Cove. The weather was full-on summer and most of our crew of 12 volunteers camped on shore. The kelp beds at the entrance to the cove look as healthy and abundant as ever. Sea otters played in the water, seemingly undisturbed by our presence; and while wolves and bears were evident, they kept out of sight.
We recovered a little under a tonne of debris from Sea Otter Cove. This was where we had concentrated our efforts last year and it was apparent that what we were picking up was recently deposited: it had not photo-degraded and didn’t show the kind of wear that long-beached plastics display.
On two days we hiked an easy 40-minute trail north over to Lowrie Bay. Lowrie is a beautiful, deep sandy beach that is wide open to the Pacific, with rocky outcrops on which the waves break dramatically—a surfer’s paradise. But large, dense plastic pallets and the ever-present net balls are really challenging to move over soft sand! We recovered fishnet entangled in hundreds of metres of line that was painstakingly untangled to create bags for lifting large and unwieldy chunks of plastic; the rest was packaged in helicopter lift bags and left high above the high tide line.
To the south lie the outer beaches of San Josef Bay that can be reached in 15 minutes’ walk from Sea Otter Cove. Last year, a passing family of boaters cleared a stretch of this beach for us and we picked up the debris. This year, you’d be hard-pressed to know it had ever been cleaned. We gathered up multiple strings of fishing floats, tires and plastic jugs—well over a tonne of plastic.
The beach at San Jo was so heavily covered in logs that it was tricky to find an area to consolidate everything for the lift so we left it where the highest tides might still reach, but tied it to trees. It was a risky move; when we came back to get the debris at the end of the next expedition, it was half-buried in a load of seaweed and sand and getting it out was a dirty, smelly proposition!
Lanz and Cox Island Provincial Park, September 5-8, 2015
Our second expedition tackled the innermost of the Scott Islands group. Last year, our helicopter pilot had told us that the islands were choked with debris and she was right! This trip had to be done by helicopter because the waters around the islands are so dangerous and we needed large numbers of volunteers to do the work in a single day—or so we thought.
The Scott Islands are teeming with seabirds and marine life because of the upwelling currents found there, so the danger to wildlife from these plastics is real and immediate. Our work to Clear the Coast takes on a whole new urgency with the confirmation that plastics are actually entering the food web in a way that could do widespread harm. Once the toxins associated with marine plastics bioaccumulate in larger animals, the loads will be magnified and could cause serious damage to marine life.
We hired West Coast Helicopters to take us out to Cox Island in teams of four people per beach. We’d hoped to be able to hop from beach to beach and do a couple each, but found so much debris that we could have spent more than the few hours we had just cleaning the three beaches we chose. Fourteen people working flat out for about three hours bagged a little over two tonnes of debris—and we only scratched the surface of the problem.
The helicopter removed the debris bags from one of our beaches as planned. But then Mother Nature began interfering with our plans. When the helicopter returned, there was no hook in sight and we knew something was wrong. The weather was closing in fast so our pilot, Paul Smith, decided to get the crews out as fast as possible. Unfortunately, two crews didn’t have enough time to secure their bags to shore to await a later pickup. There was a real worry that a high tide would float them out, posing a hazard to navigation and to wildlife that might become entangled in the ropes securing the bags to one another.
The next day the weather was bad again but we managed to lift everything out of San Jo and all but one bag from Sea Otter Cove. That left the Lowrie, Sea Otter and Cox Island loads stranded; we were out of budget and out of time with this crew of volunteers. Returning to Sointula, we made an urgent appeal for help. And that’s where the amazing things started happening ...
The Third Expedition
First, the Vancouver Aquarium called to say they had some tsunami debris funding left and they could help us. Then we received some generous donations from our supporters. The Canadian Wildlife Service called to offer helicopter time, as did the Cape Scott Wind farm. We were back in business!
On Saturday, Sept. 19th we flew back to Lowrie Bay and hooked up the bags with no difficulty. It was a rainy day and the ceiling was very low; we were only able to clear Lowrie and Sea Otter. As we skimmed the shoreline we were able to get a close look at the pocket beaches south of Cape Scott. Every one of them is full of debris!
The next day the weather cleared and the helicopter headed out for Cox Island to pick up the remaining bags of debris. There was enough to fill two 30-yard bins,, making four bins full in total from our summer’s work. It’s sad and amazing that there is easily 20 times that much still out there on Cox, Lanz and Vancouver Islands.
Thanks to all of Living Oceans’ donors, old and new, for exceptional generosity in supporting our pleas for help to get stranded debris off of Vancouver Island beaches!
We’re immensely grateful to our volunteers:
Cassy & Jodie Bergeron, Penny Birnam, Garth Covernton, Cory Gardner, Will George, Eric & Terry Grantner, Meghan Hall, Angela & Paul Hansen, Nigel Marshall, Michael Neate, Wesley Piatocka, Wendy Robertson, Vern & Shirley Samson, Will Soltau, Jasper Shore, Julie & Marten Sims, Linda & Ross Weaver
Many thanks to our funders and Sponsors:
Vancouver Aquarium Tsunami Debris Management Program, Habitat Conservation Trust Fund’s PCAF, ADP Grants Programme, Canadian Wildlife Service of Environment Canada, Cape Scott Wind Farm, Super Valu in Port McNeill, Home Hardware in Port Hardy, Regional District of Mount Waddington 7-Mile Landfill
Our North Island Service Providers:
Map showcases ocean riches
In our spring issue of Oceans Update, we told you about the exciting new marine plans that are now in place for the North and Central Coast of B.C. A key parts of these plans is the identification of areas that should be conserved, known as Protection Management Zones (PMZs).
So everyone can see the benefits of protecting these zones, Living Oceans has created an interactive online map that showcases the ecological treasure they contain. Some zones are home to ancient glass sponge reefs while others contain rich eelgrass beds and kelp forests or noisy sea lion colonies. Zoom into the zones for details on the plants, animals and key habitats within each PMZ along with a description of the site and the recommended protection level.
The PMZs were drawn up with input from Living Oceans and environmental groups, ocean-based businesses and regional district governments. While the PMZs are not yet formally protected, they provide important information for the designers working on the network of Marine Protected Areas for the B.C. coast.
Report measures value of ecotourism to northern Vancouver Island
Northern Vancouver Island communities derive great economic benefit from the ocean ecosystems surrounding them, in part because of a wealth of recreation opportunities. Living Oceans recently completed a study of ecotourism businesses to find out how much a healthy ocean is worth to the local economy and help determine where Marine Protected Areas should be sited. We found that scuba diving, kayaking, and wildlife viewing in northern Vancouver Island could be worth $21-31 million per year to the local economy. These activities depend upon a healthy ocean and the presence of charismatic species like whales, orcas, sea lions and other charismatic species.
Protecting the values that ecotourism businesses, divers and kayakers depend upon can allow for long-term sustainability of this sector of the regional economy. Currently that is not the case. If we want sustainable growth in the ecotourism sector, we need to better protect the ocean upon which it depends. In other words, protecting coastal ecosystems with Marine Protected Areas makes good economic sense.
2014 Annual Report
Living Oceans had a productive and exciting year in 2014. We were heavily involved in the marine planning process for the Great Bear Sea, campaigning to keep oil tankers off the coast, cleaning marine debris from Vancouver Island shores, supporting small scale fishermen and, as always, fighting to get salmon farms to switch to closed containment.
Download our 2014 Annual Report and read about all the highlights from our work to support a healthy ocean and healthy communities.
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