5.1.1 The previous EIA (April 2002) recommended various EM&A measures for ecology to be undertaken in both the design phase and during construction during piling activities for the PAFF jetty. The objectives of the design audit were to ensure that the design process clearly implements the design ecology mitigation specified in the EIA and to ensure that such designs are ecologically feasible and effective. The construction EM&A objectives were to ensure that the ecological contract works and construction mitigation procedures recommended in the EIA for the protection of the Chinese White Dolphins were carried out as specified and were effective.
5.1.2 However, some construction works have been undertaken in accordance with Environmental Permit EP-139/2002/A and before works were suspended following the Judgement of the Court of Final Appeal of July 2006. As detailed in Table 1.1, the percussive piling for the jetty was one of the activities that has been completed. As such, the following measures were undertaken in accordance with the EP during the piling works:
¨
dolphin acoustic monitoring;
¨
dolphin exclusion zone;
¨
pre-construction abundance
monitoring;
¨
underwater noise monitoring;
¨
piling acoustic decoupling
methods; and
¨
bubble jacket trial, design
and use.
5.1.3 Therefore, the remaining ecological EM&A required comprises post construction abundance monitoring in order to ensure that any shifts in dolphin distribution due to piling are detected and to determine the efficacy of the recommended mitigation measures, together with and an exclusion zone around the dredging operation within the Marine Park. The overall procedures for the ecological EM&A during construction are shown in Figure 5.1.
5.2.1 The Environmental Team Leader (ETL) (refer to Section 1 for a description of the ETL and duties) shall be responsible for conducting the EM&A programme and ensuring the Contractor’s compliance with the project’s environmental performance requirements during construction. The ETL will be required to establish the dolphin exclusion zone during dredging in the marine park and undertake the post construction monitoring underwater noise monitoring, with the assistance of suitably qualified specialists, as detailed in Section 1. Further details of the EM&A requirements are detailed below.
Dolphin
Exclusion Zone: Around the Dredger
5.2.2
There does not appear to be any evidence to suggest
that dredging activity has any deleterious impact to dolphins. No impacts are
predicted to dolphin populations as a consequence of pipeline construction and
as such no mitigation is required. Nevertheless, an exclusion zone around the
dredging operation within the
5.2.3 In addition, as such a measure relies on the visual detection of dolphins, it is not suitable during evening and nighttime. Based upon this, no dredging is recommended after sunset or before sunrise.
Avoidance of Calving Season
5.2.4
According to recent dolphin data (AFCD, 2005) the
dolphin calving season is from March to August and about 76% of calves are born
in this period. Thus, in order to
minimise disturbance to mother and calves, it is recommended that the dredging
along the entire pipeline will avoid this main calving season.
Dolphin
Monitoring
5.2.5 It should be noted that as some construction activities commenced in November 2005, before the Judgement of the Court of Final Appeal of July 2006, the pre-construction abundance monitoring was undertaken in late 2005 and the results are provided in Appendix F3 of the EIA report. As such, the post-construction dolphin abundance monitoring will be required to be undertaken for during a period of 28 days prior to the operation of the PAFF.
5.2.6 In order to ensure that any shifts in dolphin distribution due to piling are detected and to determine the efficacy of the recommended mitigation measures, post construction monitoring of dolphin abundance is required. Should dolphin sighting numbers be significantly different (taking into account naturally occurring alterations to distribution patterns such as due to seasonal change) to the pre-construction activity (following the post-construction monitoring) recommendations for a further post-construction monitoring survey will be made. Data should be then be re-assessed and the need for any further monitoring established.
5.2.7
A monitoring programme is required for during a period
of 28 days prior to the operation of the PAFF.
The period required for the post-construction monitoring is based on the
monitoring conducted for the AFRF and is considered to be adequate to derive a
reasonably large amount of data thereby allowing any significant trends in
dolphin distribution to be detected (
5.2.8
The monitoring should also be undertaken by a suitably
qualified person (in biology) and should be independent of the construction
contractor and should form part of the independent Environmental Team
(ET). The IEC may audit the work of the
ET if deemed necessary. Monitoring will be conducted following the
methodology detailed below.
Vessel-based
Observations
5.2.9 Line transect surveying techniques have now been standardised in Hong Kong Special Administrative Region Waters so that data from all surveys are directly comparable. The study area with line transects is presented in Figure 5.2. In order to provide a suitable long-term dataset for comparison, post construction phase dolphin monitoring will employ an identical methodology and follow the same line transects as those presented in Figure 5.2.
5.2.10 On each survey day, the survey vessel will depart from Tung Chung New Pier. Observation for incidental sighting will begin immediately on departure from the assigned pier and continue until the vessel reaches the survey area. The survey vessel shall have an open upper deck, allowing for observer eye heights of 4 to 5m above water level and relatively unobstructed forward visibility between 270° and 90°. When on-effort, the vessel shall travel along the survey lines at a speed of approximately 7 to 8 knots (13 to 15 km/hr). The direction of the survey shall be alternated on different days to avoid possible biases related to the timing of the survey coverage.
5.2.11 Vessel-based transect observations by a three-person team shall be conducted by searching the 180° swath in front of the survey vessel (270° to 90°). The area behind the vessel need not be searched, although dolphins observed in this area should be recorded as off-effort sightings. The primary observer will scan the entire search path (270° to 90°) continuously with Fujinon 7x50 marine binoculars or equivalent as the second member of the team, designated the data “recorder”, scans the same area with the naked eye and occasional binocular check. The third observer on the boat is required to rotate into the observation team after half an hour, thus relieving one of the initial team. Observers should rotate every half an hour. While on-effort, observers shall ignore potential sighting cues that could bias the sighting distance calibration (eg pair-trawl fishing vessels).
5.2.12 A critical consideration in the survey will be to ensure a strict timed quantification of “sighting effort” in order to maximise the comparative value of the field survey results. The time and position for the start and end of a period of intensive, uninterrupted effort, and the sighting conditions such as visibility range and Beaufort scale associated with it shall be recorded. The collection of effort data allows comparisons within a single study as well as between studies. Strict recording of time and speed travelling along the assigned transect (“on-effort”) shall, therefore, be recorded. Time spent during any deviation from the transect will be recorded as “off-effort”.
5.2.13 During periods of poor weather, when visibility is hindered (eg below 1km) or when a Beaufort force 5 is reached, the survey should normally be postponed.
5.2.14 Sightings distant to 500m perpendicular distance and sightings of single dolphins that were hard to track should not be pursued (although those distant to 500m ahead of the vessel should be pursued). The initial sighting distance between the dolphin and the survey vessel and sighting angle shall be recorded in order to estimate the positions of the dolphins. These and other details of the sighting, including the exact location of the sighting and number of individuals should be agreed among the observation team and recorded immediately. Distances and angles shall be as accurate as possible.
5.2.15 A global positioning system shall be used during the surveys. A sighting record shall be filled out at the initial sighting with time, position, distance and angle data filled in immediately and verified between primary observer and recorder. All other information on sea state, weather conditions (Beaufort Scale), as well as notes on dolphin appearance, behaviour, and any other information shall also be completed.
5.2.16
An
action plan has also been defined (Table 5.2) to indicate that should dolphin
numbers be significantly different
(taking into account naturally occurring alterations to distribution patterns
such as due to seasonal change) to the pre-construction activity following the
6 days post-construction monitoring, recommendations for a further 6 days
monitoring with a 28 day period will be required. The action plan should be
undertaken within a period of 1 month after a significant difference has been
determined. For the purpose of the
EM&A works, the “significance” level which will trigger the action plan
shall be proposed by the ET as part of the post-construction monitoring
programme design to be agreed with AFCD prior to the monitoring being
undertaken.
5.2.17 A summary of equipment requirement is summarized in Table 5.1 below.
Table
5.1 Summary of Equipment Requirements
|
Equipment |
Type |
|
Vessel for Monitoring |
A monitoring boat
which should have a flying bridge or upper deck with a relatively
unobstructed forward visibility (270o – 90o) allowing
for observer eye height of 4-5m above water |
|
Observation |
Fujinon 7x50 marine
binoculars (or similar) with compass/reticule |
|
Calibration |
Leica Geovid laser
range finder binnacles or equivalent |
|
Navigation and
Positioning |
Global Positioning System
Device (Magellen NAV 5000D or similar approved) (+ spare batteries) |
5.3.1 As the piling of the jetty has been completed and this has the highest potential to result in impacts to the Chinese White Dolphin, mitigation measures to minimise impacts from the remaining construction activities on the Chinese White dolphin have been recommended by the EIA. No other significant ecological impacts are predicted as a result of the project, however, measures recommended to minimise impacts on water quality will also reduce impacts on ecological resources. The ecological mitigation measures to be implemented during the construction phase are as follows:
¨
implementation of a 250m dolphin exclusion zone
during dredging in the Marine Park and along the length of the pipeline (as
indicated in EIA report, the dredging plume is not expected to extend more than
100-200m from the dredger and as such a 250m exclusion zone is considered to be
sufficient);
¨
restricted dredging to a daily maximum of 12 hours within daylight
hours except for the section crossing Urmston Road Channel. The
¨
avoid dredging during the calving season between March and
August; and
¨
undertake 6 days post construction dolphin abundance monitoring within
a 28 day period.
¨
Comparison
of the post construction dolphin monitoring with that of over the
pre-construction dolphin monitoring will allow the assessment of the overall
efficacy of the project-specific mitigation measures through the implementation
of an Action Plan detailed in the Table 5.2 below. Statistical procedures shall be used for data
comparison. A range of applicable statistical procedures exist (e.g., t-test,
ANOVA and ANCOVA, etc.) and the ET shall propose the procedure to be applied as
part of the post-construction phase dolphin monitoring programme design to be
agreed with AFCD prior to the monitoring being undertaken.
Table 5.2 Event / Action Plan for Post Construction
Dolphin Abundance Monitoring
|
EVENT |
ACTION |
|||
|
ETL |
IEC |
FSR |
Contractor |
|
|
Dolphin
numbers recorded in the post-construction monitoring are significantly lower
than those recorded in the pre-construction monitoring |
1.
Repeat
statistical data analysis to confirm findings; 2.
Review
historical data to ensure differences are as a result of natural variation or
previously observed seasonal differences; 3.
Identify
source(s) of impact; 4.
Inform
the IEC, FSR and Contractor; 5.
Check
monitoring data,; 6.
Discuss
additional dolphin monitoring and any other measures, with the IEC and
Contractor. |
1.
Discuss monitoring with the
ET and the Contractor; 2.
Review proposals for repeat monitoring
and any other measures submitted by the Contractor and advise the FSR
accordingly. . |
1.
Discuss the repeat monitoring
and any other measures proposed by the ET with the IEC; 2.
Make agreement on the
measures to be implemented. |
1. Inform the FSR and confirm notification of the non-compliance in writing; 2.
Discuss with the ET and the
IEC and propose measures to the IEC and the FSR; 3.
Implement the agreed
measures. |
Note: ETL – Environmental Team Leader, IEC – Independent Checker (Environmental), FSR – Franchisee’s Site Representative
Action to be instigated within 1 month of an event.