SPECIAL AREAS
Context
MARPOL (the international convention for the prevention of pollution from ships) defines certain sea areas as “special areas” in which, for technical reasons relating to their oceanographical and ecological condition and to their sea traffic, the adoption of special mandatory methods for the prevention of sea pollution is required. Under the Convention, these special areas are provided with a higher level of protection than other areas of the sea.
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Figure 1: Special areas within the zone of influence
Special areas which overlap with the Proponent’s exploration licences and/or the potential transit route, as well as those within the zone of influence of the Project, are listed in Figure 1. The zone of influence is conservatively defined as a 100-kilometre buffer around the exploration licences and represents the Proponent’s predicted distance at which behavioural effects on marine mammals related to underwater sound could occur. This zone of influence is inclusive of the zones of influence for light (16 kilometres) and drill cuttings dispersion (580 metres).
A common defining feature of several of these special areas is the presence of important benthic habitats such as sponge and coral grounds, which are particularly sensitive because of their high biological productivity and slow recovery rates. Other special areas include marine habitats for bird, fish, mammal and sea turtle species. Special areas in the Project’s regional assessment area are depicted through five parts below. Oil and gas exploration activities are not prohibited within the special areas that overlap with the exploration licences.
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Agency Decision
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In consideration of the large areas covered by the special areas that extend well beyond the exploration licenses, the potential effects of the project within these special areas would be comparatively limited.
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Exploration license would result in limited footprints compared to the total area covered
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Exploration licenses themselves only overlap with a small percentage of any individual special area
Predicted Effects
Adverse environmental effects on a special area could degrade its ecological integrity such that it no longer protects the components of the ecosystem for which it was designated.
The Agency considered the Proponent’s analysis, expert advice from federal authorities and comments from Indigenous groups and the public, and identified the following key interactions and potential effects on special areas:
• Potential effects on the seabed (benthic) environment and species due to physical disturbance of the substrate (and associated sedimentation) and the discharge and deposition of drill cuttings and fluids including alteration of sediment and water quality and potential smothering of sensitive, habitat-forming benthic fauna; and
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• Potential disturbance of seabird colonies along the coast and transit route by Project-related helicopter and vessel traffic.
The Proponent indicated additional potential effects on special areas could result from effects of underwater sound, light and waste emissions, and potential attraction of marine species to MODUs and vessels, with increased potential for injury, mortality, contamination or other interactions (e.g. collisions).
Mitigations
Critique
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The EIS requires the Proponent to conduct benthic surveys prior to drilling to determine the presence of aggregations of habitat-forming corals or sponges or any environmentally sensitive features.
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The continuous cooperation between the Proponent and DFO and C-NLOPB that the EIS evidences and the specific follow-up monitoring when drilling in or adjacent to a special area seems to be in the continuity of the concerns at hand.
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The Agency further noting the advice that coral and sponge surveys and associated site-specific mitigations planning be consistently applied regardless of special area designation seem to properly address the main issue in a comprehensive manner.
STRENGTHS
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Although the EIS requests a plan in consultation with DFO and C-NLOPB for any well where the Northeast Newfoundland Slope Closure marine refuge is located , the Agency does not yet provide any concrete measure regarding the conservation objectives for the marine refuge. This lack of information regarding the site-specific mitigation measures highlights a lack of knowledge in order to properly assess the potential impact on the refuge.
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The Agency recognized that burial effects on sensitive benthic species would not be reversible. Such an impact is not negligible and incoherent with the DFO's assessment stating that "potential effects to benthic habitat, including within special areas, would likely be negligible" (BHP Canada Exploration Drilling Project Environmental assessment report p.39)​
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Due to the importance of marine fauna to the Indigenous communities, more research should be conducted on solutions to preserve corrals, sponges and fish habitats rather than post-destruction compensations and monitoring of impact.