6.5 Construction and Operational Phase EM&A
6.6 Mitigation and Enhancement Measures
6.1 Introduction
6.1.1.1 The EIA has recommended that an EM&A for ecology is undertaken during the design, construction and operational phases of the project. The objectives of the design phase EM&A are to prepare detailed specifications for translocation works to be undertaken prior to construction. The construction and operational EM&A objectives are to ensure that the ecological contract works and construction mitigation procedures recommended in the EIA are carried out as specified and are effective. The construction and operational phase EM&A will be carried out as part of the site monitoring and audit programme.
6.2 Ecology EM&A Procedures
6.2.1.1 The design phase audit procedures are detailed in Section 1.5.3 and Figure 1.1. Ecological specifications for species translocation will be designed as part of the project detailed design phase. The specifications and designs will be reviewed as and when they are produced. The final ecological specifications and designs shall be signed off by the design auditor(s) using the appropriate proforma (see Appendix B).
6.2.1.2 The construction phase ecological audit is concerned with checking the effectiveness of the implementation of the ecology contract works, together with auditing the effectiveness of site mitigation. Operational phase EM&A will comprise the audit of the reestablishment of habitat areas and the on-going effectiveness of mitigation measures as appropriate. The operational phase EM&A shall be undertaken during the Contractor’s one year maintenance period. The overall procedures for the ecological EM&A during construction and operation are shown in Figures 1.2 and 6.1.
6.3 Design Phase Audit
6.3.1.1 Ecological measures proposed by the EIA to mitigate the ecology impacts of the scheme will be incorporated into the detailed design of the project. In particular, ecology specifications will be produced for the elements detailed in Table 6.1 below.
Table 6.1 Ecological Design Specifications
|
Number |
Specification
|
|
1 |
Hoarding along the works boundary for protecting the pitcher plants and its surrounding habitat. |
|
2 |
Translocation specifications for corals |
|
3 |
Pre, during and post construction dolphin monitoring. |
|
4 |
Vessel speed limits and restrictions specification |
|
5 |
Bored piling monitoring programme specification |
|
6 |
Design of dredging and reclamation works acoustic decoupling methods |
|
7 |
Specification for dolphin exclusion zone during dredging, reclamation, sheet and bored piling |
|
8 |
Artificial reef deployment |
6.3.1.2 The specifications should be issued to the EPD and AFCD and other relevant Authorities for approval before being implemented prior to construction.
6.3.1.3 Designs and specifications will be prepared during the detailed design stage by suitably qualified staff on the design team. The designs will be checked by a design auditor(s) to ensure that the measures are fully incorporated and that potential conflicts with the engineering are resolved prior to construction. In the event of a non conformity, the Event/Action plan detailed in Table 6.2 below shall be followed by the relevant parties.
Table 6.2 Event / Action Plan for Design Phase
|
Action Level |
Ecology Auditor |
Project Engineer (PE) |
Project Ecologist (PEC) |
|
Non Conformity (with Design Standards and Specification) |
· Identify Source · Inform PE and PEC · Discuss remedial actions with PE, and PEC · Verify remedial actions when complete |
· Notify PEC · Discuss remedial actions with PEC · Ensure remedial designs are fully incorporated |
· Amend designs · Discuss remedial actions with PE |
6.4 Baseline Monitoring
6.4.1 Background
6.4.1.1 Ecological baseline EM&A will consist of undertaking the following:
· a walk-over survey, prior to construction works, of the land and streams where works will be undertaken. It may be necessary to rope off and protect specific habitats or species of special interest identified during the ecological surveys;
· audit of species translocation works (corals);
· pre-construction dolphin monitoring; and
· bored piling monitoring.
6.4.2 Baseline Walkover Survey
6.4.2.1 The purpose of the walk over survey will be to confirm the existing ecological conditions, with reference to the habitat maps included in the EIA Report and the established baseline conditions, in relation to the extent and condition of the habitats and species noted during the walkover survey. No detailed ecological surveys of flora and fauna will be required at this stage.
6.4.3 Baseline Translocation Works
6.4.3.1 In respect of translocation works, the ET will be required to audit the effectiveness of the implementation of the ecology translocation contract works, item 2 detailed in Table 6.1 above. Prior to the translocation works, the ET shall arrange to conduct a pre-construction survey of corals at Pillar Point and potential receptor site(s). The EIA has proposed feasible receptor site(s) although the ET shall review and verify their suitability and propose alternate site(s) if necessary. The ET shall submit a Coral Translocation Proposal, which shall including the finding of the pre-construction survey, for AFCD’s agreement. The implementation of the specification for translocation of the corals should be undertaken prior to any major relevant construction works and thus, the EM&A for these will be undertaken early in the Contract. The audit will continue into the construction phase after the translocations have been completed.
6.4.3.2 A qualified ecologist(s), as part of the ET, will carry out the audit. The ecological contract works, detailed in Table 6.1, shall be audited with reference to the audit schedule detailed in Table 6.3 below.
Table 6.3 Audit Schedule for Ecological Contract Works
|
Specification Number (Table 6.1) |
Baseline Phase |
Construction Phase |
|
2 |
Audit compliance at least once per week during implementation which will be prior to the start of the main construction activities.
After translocation is complete, carry out audit survey to determine if all corals have been moved. |
Audit success of translocation once every 3 months after completion by assessing survival of transplanted species. Continue for a period of 12 months.
|
6.4.4 Baseline Dolphin Monitoring
6.4.4.1 Perhaps the most important ecological measure of all is to conduct surveys to monitor the density and behaviour of the animals before, during, and after the period of the potential disturbance. This objective is to determine if the other mitigation measures have been effective in protecting the animals from disturbance and maintaining their habitat quality. In addition, it is necessary to monitor the effects of the construction works on the use of dolphin travelling corridors. While there is not expected to be a complete physical blockage of the travelling corridors, the works may have some impacts in terms of reducing dolphin use of these corridors. As data on this is scarce, dolphin monitoring is, also, required to monitor the use of the travel corridors and if the dolphins stop using the corridors, then it will be necessary to provide some remediation to deal with this, in the form of adaptive management.
6.4.4.2 In order for such monitoring to be effective, it needs to be divided into three phases: pre-disturbance (i.e., baseline phase), disturbance (i.e, construction phase), and post-disturbance (i.e., operational phase). Survey techniques must be held constant from phase to phase and survey equipment and personnel should ideally be the same as well.
6.4.4.3 Project-specific dolphin monitoring using line transect surveys combined with photo-identification studies, also, have the advantage of being able to provide evaluation of dolphin fine-scale habitat use patterns. This includes 1 km2 grid densities and grid-based patterns of feeding, socializing and calving, as well as individual ranging patterns, allowing the detection of any smaller-scale impacts and changes in core area use (see Hung 2008).
6.4.4.4 Considering that AFCD monitoring provides useful data, the monitoring programme should comprise undertaking surveys, 2 days per month for a period of 12 months during each phase. Notwithstanding, as 9 months of baseline surveys have been undertaken for the purposes of this EIA, a further 3 months only would be required for the pre-construction phase. In summary, the following monitoring would be required:
· six, one-day survey events to be undertaken at a frequency of 2 per month over a period of 3 months before commencement of construction;
· one-day survey events to be undertaken at a frequency of 2 per month for the duration of the marine works construction period; and
· forty-eight, one-day survey events to be undertaken at a frequency of 2 per month over a period of 24 months following cessation of the construction.
6.4.4.5
The period required for the
monitoring is considered to be adequate to derive a reasonably large amount of
data, thereby allowing any significant trends in dolphin distribution to be
detected (
6.4.4.6 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 should be conducted following the methodology detailed below:
Vessel-based Observations
6.4.4.7 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 6.3. In order to provide a suitable long-term dataset for comparison, pre-, during and post-construction phase dolphin monitoring will employ an identical methodology and follow the same line transects as those presented in Figure 8.7 of the EIA Report.
6.4.4.8 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.
6.4.4.9 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).
6.4.4.10 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”.
6.4.4.11 During periods of poor weather, when visibility is hindered (e.g., below 1km) or when a Beaufort force 5 is reached, the survey should normally be postponed.
6.4.4.12 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.
6.4.4.13 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.
6.4.4.14 A summary of equipment requirement is summarized in Table 6.5 below.
Table 6.5 Summary of Dolphin Monitoring 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) |
6.4.5 Bored Piling Monitoring Programme
6.4.5.1 Based upon the specification prepared during the detailed design phase (Item 5 in Table 6.1 above), a comprehensive monitoring plan be implemented before, during and after the bored piling works is proposed. The monitoring plan would include both underwater acoustic monitoring, the study the acoustic behaviour of dolphins near the bored piling works site and theodolite tracking of dolphin movement from land in order to determine the actual magnitude of impacts.
Acoustic Monitoring
6.4.5.2 In order to ensure that bored piling noise will not affect the Chinese White Dolphins, noise levels from bored piling activities should be measured, with details of frequency/intensity spectra to be evaluated. The acoustic results of the monitoring should be analysed in terms of both the Broadband range (100 Hz to 25.6 kHz) and, also, the dolphin sensitive range (400 Hz to 12.6 kHz). The monitoring will study the acoustic behaviour of dolphins near the bored piling works site and at a control site for comparison, to determine whether foraging behaviour is affected by the bored piling activities and whether dolphin echolocation clicks are masked by bored piling activity noise.
6.4.5.3 The specification and detailed methodology for the bored piling acoustic monitoring should be prepared as part of the detailed design and submitted to the EPD and AFCD for approval.
6.4.5.4 The acoustic monitoring will be undertaken during the construction phase and commence at the start of the bored piling works. The exact monitoring period will be determined and detailed in the specification to be prepared during the detailed design stage but is likely to comprise as a minimum:
· underwater noise levels measurements from bored piling activities for 10 days from the start of bored piling activities; and
· study the acoustic behaviour of dolphins from a small boat during periods with and without bored piling for 30 days from the start of bored piling activities.
6.4.5.5 The monitoring works will consist of data acquisition and analysis of sound to be gathered by an experienced bio-acoustician with specialised experience in processing of appropriate low frequency (to infrasound, down to 20 Hz) and high frequency (into ultrasound, to at least 100 kHz) hydrophone and digital recording equipment, as well as the appropriate analysis devices and programmes. The bio-acoustician should have at least ten years of dolphin sound data gathering and analysis experience, at least three technical publications related to dolphin sounds.
6.4.5.6 As bored piling will also be undertaken for the HKLR project, it is possible that a combined monitoring could be undertaken. The monitoring should be conducted at a location at which significant impacts on dolphins are unlikely.
Land-based Theodolite Tracking
6.4.5.7 The objective of the land-based theodolite tracking of dolphins is to monitor their movements and behaviour near the bored piling works site before, during and after the works and record and note any changes in response to the bored piling noise. The details of the land-based dolphin tracking methodology and frequency will be defined in a specification prepared during detailed design phase. However, as a minimum the monitoring is likely to comprise 30 days before, 30 days during and 30 days after bored piling works
6.4.5.8 This monitoring would consist of data acquisition and analyses of movement and behavioural information of CWD, as gained from a 5-sec. resolution conventional theodolite and a 5-sec. resolution “total station” theodolite with laser range-finding capability, appropriate hand-held range finders, binoculars with distance-measuring reticles and built-in compass, recording gear of digital voice recorder, data sheets, and computer slaved to theodolites.
6.4.5.9 Two experienced theodolite/behavioural data gathering operators should undertake the monitoring. The primary and secondary theodolite operators should have at least ten years of theodolite and behavioural data gathering and analysis experience, at least three technical publications to cover the subject, and appropriate long-term familiarity with the latest version of the tracking program “Pythagoras”. These experienced operators need to have further experience in detailed power analyses for efficient evaluation of number of samples and time/energy needed for statistical evaluations.
6.5 Construction and Operational Phase EM&A
6.5.1 Background
6.5.1.1 During the construction and operational phases the ET will be required to undertake the following:
· continued audit of the translocation works as per the requirements in Table 6.3 above:
· audit of habitat protection measures as follows:
- in order to avoid damage and disturbance to the protected Pitcher Plant species and surrounding natural habitat,
- ensure placement of hoarding along the
works boundary of the Project Site before commencement of works to prevent
vehicle movements and encroachment of personnel into adjacent areas. No
openings in the hoarding should be provided on the north of the
- ensure that work site boundaries are not breached and that damage does not occur to surrounding areas;
- provided and scheduled environmental briefing/training sessions for site staff to raise their awareness on environmental protection;
- ensure placement of equipment is within designated areas within the existing disturbed land;
- ensure construction activities are restricted to within the proposed works boundary;
- ensure spoil heaps are be covered at all times;
- ensure that disturbed areas are reinstated immediately after completion of the works;
- ensure temporary disturbance and gabion wall works of steam NL1 in North Lantau (if required) are undertaken during the dry season (Figure 6.4); and
- ensure enhancement planting works undertaken.
· audit of acoustic decoupling for dredging and reclamation work and the vessel restrictions requirements, as specified by the specifications prepared during the design stage (items 4 and 6 in Table 6.1 above);
· implement any further recommendations, if any, of the bored piling monitoring;
· implementation of the artificial reef deployment;
· implementation of the dolphin exclusion zone during dredging, reclamation , sheet and piling works;
· audit the avoidance of peak CWD calving season in May and June for driving of metal caissons during bored piling works; and
· audit the pre-construction, construction and operational phase dolphin monitoring.
6.5.2 Construction Ecological Audit
6.5.2.1 A dolphin exclusion zone within a radius of 250m around the dredging, reclamation, sheet and bored piling works should be implemented and the area visually inspected for dolphins prior to commencement of the marine works. The principles of the exclusion zone are that, during daylight hours, the area should be visually inspected for dolphins prior to commencement of dredging, reclamation or sheet piling works. The sheet piling works will be restricted to 12 hours a day and visual inspection will be possible. However, it is possible that the other marine works for the TM-CLKL would continue for 16 hours per day. As such, as the visual exclusion zone relies on the visual detection of dolphins, it would not suitable during evening or nighttime periods. Based upon this, an alternative method using Passive Acoustic Monitoring (PAM) would be required for any dredging and reclamation works undertaken outside daylight hours. PAM involves the use of hydrophones or cetacean detectors. The specification prepared during the detailed design should further specify the use of PAM.
6.5.2.2 The dolphin exclusion zone should be monitored by independent dolphin observers with an unobstructed, elevated view of the area. Piling should not begin until the observer certifies that the area is continuously clear of dolphins for a period of 30 minutes (thereby adequately spanning the approximate maximum dive time of the dolphins of 4 minutes). The observers must be suitably trained in biology and should be independent of the construction contractor and should form part of the independent Environmental Team (ET) to be employed by the Contractor. An Independent Environmental Checker (IEC) would be required to audit the work of the ET.
6.5.2.3 For the overall audit of habitat protection, acoustic decoupling, dolphin exclusion zone and the vessel restrictions requirements, in the event of non-compliance, the Event /Action plan detailed in Table 6.6 below should be implemented.
Table 6.6 Event / Action Plan for General Ecology
|
Action Level |
ET |
IEC |
ER |
Contractor |
|
Non-conformity on one occasion |
Identify Source Inform the IEC and the ER Discuss remedial actions with the IEC, the ER and the Contractor Monitor remedial actions until rectification has been completed |
Check report Check the Contractor's working method Discuss with the ET and the Contractor on possible remedial measures Advise the ER on effectiveness of proposed remedial measures. Check implementation of remedial measures. |
Notify Contractor Ensure remedial measures are properly implemented Consider and instruct, if necessary, the Contractor to slow down or to stop all or part of the works in the case of a serious non-conformity until situation rectified. |
Amend working methods Rectify damage and undertake any necessary replacement |
|
Repeated Non conformity |
Identify Source Inform the IC(E) and the ER Increase monitoring frequency Discuss remedial actions with the IC(E), the ER and the Contractor Monitor remedial actions until rectification has been completed If exceedance stops, cease additional monitoring |
Check monitoring report Check the Contractor's working method Discuss with the ES and the Contractor on possible remedial measures Advise the ER on effectiveness of proposed remedial measures Supervise implementation of remedial measures |
Notify the Contractor Ensure remedial measures are properly implemented Consider and instruct, if necessary, the Contractor to slow down or to stop all or part of the works in the case of a serious non-conformity until situation rectified. |
Amend working methods Rectify damage and undertake any necessary replacement |
Note: ET – Environmental Specialist, IC(E) – Independent Checker (Environmental), ER – Engineer’s Representative
6.5.3 Construction and Operational Phase Dolphin Monitoring
6.5.3.1 The dolphin monitoring methodology is described in Section 6.4 above and this should be continued both during construction and post construction (operational) phase based using the same transect, method and survey techniques, based upon the following frequency:
· one-day surveys to be undertaken at a frequency of 2 per month for the duration of the marine works construction; and
· forty-eight, one-day survey events to be undertaken at a frequency of 2 per month over a period of 24 months following cessation of the construction.
6.5.3.2 The data after each phase should be compared the pre-construction baseline findings. Any apparent differences in density among survey phases should be analysed for trends and the statistical power of the analysis to detect effects of the desired size should be tested. Comparison of the during and 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 6.9 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 during and post-construction phase dolphin monitoring programme design to be agreed with AFCD prior to the monitoring being undertaken.
6.5.3.3 Should dolphin sighting numbers in the construction or post-construction phases be significantly different (taking into account naturally occurring alterations to distribution patterns such as due to seasonal change) to the pre-construction activity, recommendations for a further post-construction monitoring survey will be made. Data should then be re-assessed and the need for any further monitoring established. Comparison of the pre-construction dolphin monitoring with that of the during and post- construction dolphin monitoring will allow the assessment of the overall efficacy of the project-specific mitigation measures and an Action Plan for the dolphin is provided in Table 6.9 below.
6.5.3.4 An action plan has been defined 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 during and post-construction monitoring, recommendations for further monitoring 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.
Table 6.9 Event / Action Plan for During and Post Construction Dolphin Monitoring
|
EVENT |
ACTION* |
|||
|
ET |
IEC |
ER |
Contractor |
|
|
Dolphin numbers and behaviour patterns recorded in the pre and post-construction monitoring are significantly lower or different than those recorded in the pre-construction monitoring |
Repeat statistical data analysis to confirm findings; Review historical data to ensure differences are as a result of natural variation or previously observed seasonal differences; Identify source(s) of impact; Inform the IEC, ER and Contractor; Check monitoring data,; Discuss additional dolphin monitoring and any other measures, with the IEC and Contractor. |
Discuss monitoring with the ET and the Contractor; Review proposals for repeat monitoring and any other measures submitted by the Contractor and advise the ER accordingly.
|
Discuss with the IEC the repeat monitoring and any other measures proposed by the ET; Make agreement on the measures to be implemented. |
Inform the FSR and confirm notification of the non-compliance in writing; Discuss with the ET and the IEC and propose measures to the IEC and the ER; Implement the agreed measures. |
Note: ET – Environmental Team, IEC – Independent Environmental Checker, ER – Engineer’s Representative
*Action to be instigated within 1 month of an event.
6.6 Mitigation and Enhancement Measures
6.6.1.1 Ecological mitigation and enhancement measures recommended by the EIA are largely related to the protection of key floral and fauna species and are summarized below. In addition, measures recommended to minimise impacts on water quality will, also, reduce impacts on marine ecological resources. The ecological mitigation and enhancement measures to be implemented during the construction phase are as follows:
· use acoustic decoupling methods to minimise noise being transmitted through the dredging and reclamation barges;
· 250m dolphin exclusion zone during dredging, reclamation, sheet and bored piling works;
· avoidance of the peak calving season of May and June for installation of metal caisson during bored piling works;
· deployment of an artificial reef of equivalent size as mitigation and deployment of an AR of twice the size to be affected as an enhancement measure;
· survey and translocation of corals as an enhancement measure;
· reconstruction of seawalls at southern and northern landfall reclamations;
· use of hoarding along the works boundary to avoid disturbance to the protected Pitcher Plant species and the surrounding habitat;
· regularly check the work site boundaries to ensure that they are not breached and that damage does not occur to surrounding areas;
· provided environmental briefing/training sessions for site staff;
· planting of approximately 33ha as an enhancement measure for vegetation loss; and
· gabion wall works in steam NL1 in Lantau to be undertaken in the dry season.
6.6.1.2 The mitigation measures shall be audited at least once every week as part of the site audit programme. In the event of a non-compliance, the Event /Action plan detailed above shall be followed by the relevant parties.
6.6.1.3
In addition, in order to
address the cumulative impacts from all the projects and compensate for the
cumulative Chinese White Dolphin and fisheries habitat loss, the Government has
made a firm commitment to seek to designate the Brothers Islands as a marine
park for enhancing the CWD habitat in accordance with the statutory process
stipulated in the Marine Parks Ordinance. The designation of the proposed
marine park would proceed after the completion of these projects. A study will
be conducted to confirm the details of the proposed marine park before the
commencement of the statutory procedures as stipulated in the Marine Parks
Ordinance. The Government’s commitment to the marine park and its control
and management in accordance with the Marine Parks Ordinance, as well as the