TABLE OF CONTENTS

 

11        Fisheries. 11-1

11.1        Introduction. 11-1

11.2        Environmental Legislation, Standards and Guidelines. 11-1

11.3        Description of the Environment and Baseline Condition. 11-3

11.4        Identification of Fisheries Impacts. 11-8

11.5        Evaluation of Potential Fisheries Impacts. 11-11

11.6        Cumulative Fisheries Impacts. 11-12

11.7        Mitigation of Adverse Fisheries Impacts. 11-12

11.8        Evaluation of Residual Fisheries Impacts. 11-15

11.9        Environmental Monitoring and Audit 11-15

11.10     Conclusion. 11-16

11.11     References. 11-16

 

 

List of tables

Table 11.1         Baseline Information of Fisheries Resources in the Assessment Area. 11-2

Table 11.2         Annual Pond Fish Production and Fishpond Area from 2012 to 2022. 11-4

Table 11.3         Summary of Number and Size of Ponds by Area. 11-7

Table 11.4         Long-term and Short-term Losses of Fishponds within the Works Site/Area of SPAUT, NTMPW and SATSWW Area. 11-8

Table 11.5         Fisheries Impact on Fishponds within the Assessment Area of NOL Alignment 11-11

 

 

LISTS OF FIGURES

C1603/C/NOL/ACM/M58/301

Proposed NOL Alignment and 500m Assessment Area

C1603/C/NOL/ACM/M58/302

Findings of Fishpond Survey in the 500m Assessment Area (Key Plan)

C1603/C/NOL/ACM/M58/303 to C1603/C/NOL/ACM/M58/307

Findings of Fishpond Survey in the 500m Assessment Area (Sheet 1 to 5)

C1603/C/MOL/ACM/M58/308

Findings of Fishpond Survey in the 500m Assessment Area (Temporary Explosive Magazine site at Tai Shu ha (Yuen Long)

 

 

LIST OF appendIX

Appendix 11.1

Representative Photographs of Fishponds Recorded within the Assessment Area

 

 


11               Fisheries

11.1           Introduction

11.1.1       This section presents the potential impacts on culture fisheries during the construction and operation of the Project.  Details of the Project key elements are described in Section 2.  Baseline conditions for fisheries resources in the Assessment Area were identified from field survey and latest relevant literature. Potential direct, indirect, cumulative and residual impacts on fisheries resources during the construction and operation phases of the Project were identified and evaluated.  Mitigation measures to mitigate any identified adverse impacts were recommended, where necessary.

11.2           Environmental Legislation, Standards and Guidelines

11.2.1       Key guidelines, standards, documents and ordinances/regulations relevant to this fisheries impact assessment are provided below:

·        The Environmental Impact Assessment Ordinance (Cap. 499), and its subsidiary legislation – provides guidelines on the environmental impact assessment process.

·         Annex 9 of the Technical Memorandum on Environmental Impact Assessment (EIAO-TM) – recommends the criteria that can be used for evaluating fisheries impact.

·         Annex 17 of EIAO-TM – sets out the general approach and methodology for assessment of fisheries impacts arising from a project which may affect fishing and aquaculture activities, fisheries resources and habitats as well as aquaculture sites.

·         Fisheries Protection Ordinance (Cap. 171) – promotes the conservation of fish and other forms of aquatic life within Hong Kong waters by regulating fishing practices to prevent detrimental activities to the fisheries industry.  The authority may also make rules for the management and control of fishing in any fisheries protection area, including but not limited to the specification of any zone within any fisheries protection area and the prohibition of any fishing in the specified zone.

·         Marine Fish Culture Ordinance (Cap 353) – regulates and protects marine fish cultured by designating areas of fish culture zone, granting licenses, prohibiting unauthorised vessels and any deposition of chemicals or other substances which are likely to cause injury to fish in a fish culture zone.

·         Water Pollution Control Ordinance (Cap. 358) – aims to control water pollution in waters of Hong Kong.  Water Control Zones (WCZs) are designated with individual water quality objectives to promote the conservation and best use of those waters in the public interest.

Assessment Area

11.2.2       In accordance with the EIA Study Brief No. ESB-346/2021, the Assessment Area for fisheries impacts includes areas within 500m from the boundary of the Project area and other areas likely to be impacted by the construction or operation of the Project.  Special attention was given to fishpond culture resources and activities as well as watercourses which served as water sources for fishpond areas.  The Assessment Area is presented in Figure No. C1603/C/NOL/ACM/M58/301.

Literature Review

11.2.3       The fisheries baseline condition of the Assessment Area were identified through a comprehensive review of available literatures within the past 10 years on culture fisheries, as listed in Table 11.1.  Older studies were not reviewed due to the significant and constant changes in land use in the area prior to that cut-off date.

Table 11.1    Baseline Information of Fisheries Resources in the Assessment Area

Relevant Literature

1)    EIA Report for Yuen Long Barrage Scheme (AEIAR-228/2021) (DSD, 2021)

2)    EIA Report for Proposed Low-rise and Low-density Residential Development at Various Lots and their Adjoining Government Land in D.D. 104, East of Kam Pok Road, Mai Po, Yuen Long. New Territories (AEIAR-205/2017) (Glory Queen Limited, 2016)

3)    EIA Report for Comprehensive Development and Wetland Protection near Yau Mei San Tsuen (AEIAR-189/2015) (Asia King Development Limited, 2015)

4)    EIA Report for Proposed Residential Cum Passive Recreation Development within "Recreation" Zone and "Residential (Group C)" Zone at Various Lots in DD 104, Yuen Long, N.T. (AEIAR-182/2014) (Capital Chance Ltd, 2013) (1)

5)    EIA Report for North East New Territories New Development Areas (AEIAR-175/2013) (CEDD, 2013a)

6)    EIA Report for Development of Lok Ma Chau Loop (AEIAR-176/2013) (CEDD, 2013b)

7)    Aquaculture data available from AFCD website (AFCD, 2023)

8)    AFCD Annual Report 2012 – 2021 (AFCD, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021)

Note:

(1)   The figure of the pond status within the Assessment Area of this study is not available online.

11.2.4       Along the eastern bank of Kam Tin Main Drainage Channel (KTMDC), contiguous active and inactive fishponds were present south of Cheung Chun San Tsuen, in AFCD Au Tau Fisheries Office, and west of AUT Station. Active and inactive fishponds were also recorded in Nam Sang Wai on the western bank of KTMDC (DSD, 2021).

11.2.5       A contiguous block of abandoned fishponds was present in Pok Wai (Glory Queen Limited, 2016).  Scattered active and inactive/abandoned fishponds were identified in Yau Mei San Tsuen but a few have likely been filled and converted to other land uses according to recent desktop research.  Ornamental carp was observed in the active fishpond; bighead carp, grass carp, mosquito fish and tilapia were observed in one of the inactive/abandoned fishponds, but no fish were observed in others (Asia King Development Limited, 2015).

11.2.6       Active fishponds were identified in San Tin (CEDD, 2013b).  The ponds near Chau Tau were observed to be either abandoned or completely overgrown (CEDD, 2013a; 2013b).  However, as reviewed in recent desktop research, the pond appeared to be associated with the adjacent Chau Tau Tsuen Stormwater Pumping Station and was likely a water retention pond.

11.2.7       The active fishponds located at east of Tung Wah Group of Hospitals Ma Tso Lung Campsite recorded by CEDD (2013a) were filled as seen in the latest available digital aerial photographs.  Inactive fishponds were also present near Fung Kong Shan and Kwu Tung (ibid.).

11.2.8       According to desktop research on the digital aerial photographs, ponds/fishponds largely concentrate in Shek Wu Wai, Ngau Tam Mei, Pok Wai, Au Tau, Cheung Chun San Tsuen, Nam Sang Wai, and area near Nam Hang Tsuen, northwest of the temporary explosive magazine site near Tai Shu Ha West Road.

Fishpond Survey Methodology

11.2.9       There is only limited baseline information on the fisheries resources within the Assessment Area.  Due to the high level of anthropogenic disturbance and substantial development in the area, the fishpond status within the Assessment Area have likely changed.  Thus, site inspections were conducted in 2021 and 2022, and also additional site checks in 2023 to collect up-to-date baseline information of culture fisheries and verify the information from literature review.

11.2.10    Site inspections, in addition to desktop research with recent aerial photographs, were undertaken to investigate the status and conditions of pond culture resources within the Assessment Area, with particular focus on those near the proposed NOL alignment.  Observation was made on the presence of any aquaculture practice and activities (e.g. draining, liming, re-profiling, stocking, feeding and harvesting), evidence of any recently used devices/equipment and sign of vegetation management.  Local villagers were interviewed during site inspections to supplement the site observation regarding the status of the ponds.  Special attention was given to fishpond culture resources as well as any watercourses which served as water sources for fishpond areas and were important to aquaculture activities.

11.2.11    Ornamental ponds and ponds utilized for non-fisheries related activities (e.g. for wetland compensation or wastewater treatment) were not considered as fishponds.  Based on the site inspection findings, fishponds were categorized as follows:

·         Active: with evidence of operating commercial aquaculture activities, including commercial fishponds, fish fry ponds and water flea ponds;

·         Inactive: with no evidence of operating commercial aquaculture activities, but no major physical constraints to the resumption of operation in the short-term, including ponds with fish present in non-commercial quantities; and

·         Abandoned: with physical evidence that aquaculture has not taken place for many years (e.g. overgrown with vegetation) and/or where there are obvious physical constraints to resumption in the short-term (e.g. fenced off).

 

11.3           Description of the Environment and Baseline Condition

Pond Fish Culture

11.3.1       The pond fish/ aquaculture industry of Hong Kong is mainly centred in the northwest New Territories.  Fishponds are either freshwater or brackish.  According to AFCD (2023), the local inland ponds covered approximately 1,129 ha and produced 2,073 tonnes of freshwater fish amounting to $55 million in 2022.  The majority of these farms engaged in polyculture and farmed species such as bighead carp, grass carp, common carp and silver carp in combination with tilapia or grey mullet, while a few of them practised monoculture of carnivorous species such as giant groupers, seabreams and spotted scat in brackish fishponds near the coastline.  Fishpond farms had been gradually declining in numbers since the 1970s, especially in the Deep Bay area as these farms are being replaced by urban development.

11.3.2       Some recent data on local pond fish culture industry are summarized in Table 11.2 below.

Table 11.2    Annual Pond Fish Production and Fishpond Area from 2012 to 2022

Year

Pond Fish Production

(tonne)

Fishpond Area

(ha)

2022

2,073

1,129

2021

2,926

1,130

2020

2,516

1,130

2019

2,278

1,131

2018

2,536

1,132

2017

2,543

1,132

2016

2,543

1,135

2015

2,092

1,140

2014

2,001

1,140

2013

2,187

1,150

2012

2,306

1,150

Source: AFCD (2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023)

11.3.3       During the site inspections undertaken in 2021 and 2022 under the current study, approximately 183 fishponds were identified within the Assessment Area, comprising 37.48 ha area in total.  Representative photographs of active, inactive and abandoned fishponds within the Assessment Area are presented in Appendix 11.1.  The locations of identified fishponds were mapped in Figure Nos. C1603/C/NOL/ACM/M58/302 to 308.  

11.3.4       Considering that the NOL alignment spans across a number of areas with different site conditions, the Assessment Area is separated into six areas i.e. Kam Sheung Road/Pat Heung (KSRPH) area, Sha Po/Au Tau (SPAUT) area, Ngau Tam Mei/Pok Wai (NTMPW) area, San Tin/Shek Wu Wai (SATSWW) area, Kwu Tung/Chau Tau (KTUCT) area and Tai Shu Ha (TSH) area (Figure No. C1603/C/NOL/ACM/M58/301 refers). No fishpond was identified in KSRPH and KTUCT areas.  In general, fishponds within the Assessment Area appeared to be rain-fed or rely on adjacent ponds for water source since the adjoining watercourses often received discharge from adjacent land uses and were of inferior water quality.  Table 11.3 presents the summary of numbers, size and status of fishponds in different areas.    

Sha Po/Au Tau (SPAUT) Area

11.3.5       Fishponds in SPAUT area concentrated around Cheung Chun San Tsuen, near Nam Sang Wai Road and south of Pok Wai.  The fishponds south of Cheung Chun San Tsuen, west of Nam Sang Wai Road and near Pok Wai were extensive and of relatively large scale while those at the west of Cheung Chun San Tsuen were smaller in scale (Figure Nos. C1603/C/NOL/ACM/M58/303 to 304 refer).  More than half of them are either inactive or abandoned.  The active fishponds south of Cheung Chun San Tsuen and Pok Wai were observed with active management practices for culture fishery (e.g. draining of ponds, reprofiling and feeding, operating aerators and fish feeders), while the active fishponds within the AFCD Au Tau Fisheries Office were found to be utilized for experimental purpose.  No signs of aquaculture activities were found on the inactive fishponds.  The abandoned fishponds were overgrown by dense vegetation to various extent.  Table 11.3 presents the summary of numbers, size and status of fisponds in differernt areas.

11.3.6       No fishpond would fall within the at-grade works site/area of Au Tau Station and Pok Wai Ancillary Building (PWA).  Only an abandoned fishponds (i.e. SA#43) would be affected by the at-grade works site/area of Shui Mei Road Ancillary Building (SMA), while the remaining fishponds (i.e. SA#39 to 42 and SA#44 to 45) within at-grade works site/area of SMA would be affected by road works (by other).  Besides, three active (i.e. SA#2 to 4), two inactive (i.e. SA#15 to 16) and three abandoned (i.e. SA#14 and SA#19 to 20) fishponds were located above the NOL underground alignment between Kam Sheung Road (NOL) Station and SMA (Figure No. C1603/C/NOL/ACM/M58/303 refers).

Ngau Tam Mei / Pok Wai (NTMPW) Area

11.3.7       Fishponds in NTMPW area were recorded north of Pok Wai and scattered in Ngau Tam Mei on both sides of the Ngau Tam Mei Drainage Channel (Figure Nos. C1603/C/NOL/ACM/M58/304 to 305 refer).  Only inactive and abandoned fishponds were present north of Pok Wai, most of which were larger in scale and contiguous.  Fishponds in Ngau Tam Mei were smaller in scale and scattered.  The inactive fishponds north of Pok Wai were found lacking management for pond fish culture while the abandoned fishponds were overgrown by plants.  Table 11.3 presents the numbers, size and status of fishponds with in NTMPW area.

11.3.8       In Ngau Tam Mei, the active fishponds (i.e. NP#38 to 42) were identified within the New Age Organic Farm which has been registered under the AFCD Accredited Fish Farm Scheme (AFFS), while NP#33 to 37 were actively managed for koi culturing.  The inactive and abandoned fishponds were recorded with no current utilization for commercial aquaculture activities and overgrown with vegetations.  Among them, two abandoned fishponds were recorded within the works site/area of NTM Station and Ngau Tam Mei Depot (NTD).  NP#31 and NP#32 were abandoned and found to be drained.  Both were overgrown by vegetation.  No fishponds were identified within the works site/area of Long Ha Ancillary Building (LHA) and no fishpond located above the NOL underground Alignment.

San Tin / Shek Wu Wai (SATSWW) Area

11.3.9       Small-scale fishponds mainly scattered between village and agricultural areas south of San Tin Highway near Shek Wu Wai and were small in size (Figure No. C1603/C/NOL/ACM/M58/306 refers).  Most of these fishponds were either inactive or abandoned, and fenced off.  No evidence shown that the fishponds were in operation for pond fish culturing while abandoned fishponds were overgrown by vegetations.  Among them, one active (i.e. SS#1), five inactive (i.e. SS#2, SS#16 and 17, and SS#20 and 21) and 14 abandoned (i.e. SS#3, SS#8, SS#11 and 12, SS#18, SS#27 to 32, and SS#53 to 55) fishponds fall within the works site/area of SAT Station and San Tin Ancillary Building (SNA).  An active indoor fish farm (i.e. SS#1) which was registered under AFCD AFFS, was identified further south, and was partially within the works site/area of SAT Station and SNA.  No fishponds were recorded within the works site/area of Ka Lung Road Ancillary Building (KLA). 

11.3.10    Fishponds of larger scale were identified north of San Tin Highway (Figure No. C1603/C/NOL/ACM/M58/307 refers), where the recorded active fishponds were observed with aerators and fish feeders and were registered under AFCD AFFS.  The recorded inactive fishponds were observed with no signs of commercial aquaculture in the recent site inspections.  None of which were located within the works site/area.  Table 11.3 presents the numbers, size and status of fishponds within SATSWW area.

Tai Shu Hai (TSH) Area

11.3.11    An abandoned fishpond was identified in TSH area, which was located outside the works site/area (Figure No. C1603/C/NOL/ACM/M58/308 refers).

Table 11.3    Summary of Number and Size of Ponds by Area

Fishpond Category

Within 500m Assessment Area

Within At-grade Works Site/Area

Active

Inactive

Abandoned

Total

Active

Inactive

Abandoned

Total

Area

Size of Pond (Number of Pond)

SPAUT (3)

7.30 ha (26)

2.73 ha (6)

10.97 ha (25)

21.00 ha (57)

0

0

0.13 ha (1)

0.13 ha (1)

NTMPW

0.58 ha (10)

4.81 ha (13)

2.82 ha (25)

8.21 ha (48)

0

0

0.17 ha (2)

0.17 ha (2)

SATSWW

2.98 ha (8)

3.49 ha (26)

1.67 ha (43)

8.15 ha (77)

0.71 ha (1)

0.23 ha (5)

0.44 ha (14)

1.38 ha (20)

TSH

0

0

0.12 ha (1)

0.12 ha (1)

0

0

0

0

Total

10.86 ha (44)

11.03 ha (45)

15.58 ha (94)

37.48 ha (183)

0.71 ha (1)

0.23 ha (5)

 0.74 ha (17)

1.68 ha (23)

Notes:

(1)    Partial encroachment into pond assumed loss of whole pond.

(2)    The size and percentage included in this table have been subject to rounding adjustments. Any discrepancies between total and sums of individual numbers listed therein are due to rounding.

(3)    Part of the works site of SMA will be occupied for road works by others before the construction of SMA commences thus is not considered as direct loss of fishpond under the Project.

 

11.4           Identification of Fisheries Impacts

Construction Phase

Direct Impact

Loss of Fishponds

11.4.1       The works sites/areas of SMA, NTM Station and NTD, SAT Station and SNA would directly affect some fishponds in SPAUT, NTMPW and SATSWW areas respectively. A total of 23 ponds including one active, five inactive and 17 abandoned fishponds are anticipated to be lost due to the construction of NOL (refer to Table 11.3). The works site and project footprint of SMA would lead to long-term loss of one abandoned fishponds (i.e. SA#43) in SPAUT area. The northeastern tip of the works site of NTM Station and NTD would result in short-term loss of two abandoned (i.e. NP#31 and 32) fishponds in NTMPW area. The works site/area of SAT Station and SNA would cause short-term loss of one active (i.e. SS#1), five inactive (i.e. SS#2, SS#16 to 17, and SS#20 and 21) and 14 abandoned (i.e. SS#3, SS#8, SS#11 to 12, SS#18, SS#27 to 32, and SS#53 to 55)  fishponds in SATSWW area.  Table 11.4 presents the loss of fishponds in size within the at-grade works site/area.

11.4.2       The Project would result in 0.13 ha and 0.61 ha loss of abandoned fishponds in the long term and short term respectively (refer to Table 11.4). Since these abandoned fishponds have not been utilized for fisheries activities in the long term and were observed to be either overgrown with vegetation or fenced off, which renders resumption to active fisheries activities unlikely in the short term, direct loss of these abandoned fishponds is not likely to lead to significant impact on fisheries resources.

11.4.3       The works site/area SATSWW area would be temporarily used for the construction of the Project and handed over to the Civil Engineering and Development Department (CEDD) for further development under San Tin Lok Ma Chau Development Node (STLMC DN) after completion of construction works of NOL. 

11.4.4       As a result, 0.71  ha active fishponds and 0.23 inactive fishponds in SATSWW area would be lost in the short term due to NOL Project, comprising about 0.06% and 0.02% of fishpond areas in Hong Kong respectively. Considering that the area of short-term loss of fishponds does not account for a significant proportion of the total fishpond area in Hong Kong, the impact on fisheries resources is considered minor.

Table 11.4    Long-term and Short-term Losses of Fishponds within the Works Site/Area of SPAUT, NTMPW and SATSWW Area 

 

Long-term Loss (ha)

Short-term Loss (ha)

Fishpond Category

Active

Inactive

Abandoned

Total

Active

Inactive

Abandoned

Total

SPAUT (4)

0

0

0.13

0.13

0

0

0

0

NTMPW

0

0

0

0

0

0

0.17

0.17

SATSWW

0

0

0

0

0.71

0.23

0.44

1.38

Total

0

0

0.13

0.13

0.71

0.23

0.61

1.55

Notes:

(1)    Partial encroachment into pond assumed loss of whole pond.

(2)    The size and percentage included in this table have been subject to rounding adjustments. Any discrepancies between total and sums of individual numbers listed therein are due to rounding.

(3)    Long-term loss is defined as the footprint area of the permanent aboveground structures (i.e. stations and ancillary buildings). Short-term loss is defined as the area temporarily occupied for works sites and areas outside the permanent aboveground structures, which would be released upon the completion of construction.

(4)    Part of the works site of SMA will be occupied for road works by others before the construction of SMA commences thus it is not considered as direct fishpond loss under the Project.

 

Indirect Impact

11.4.5       Indirect fisheries impact may arise if construction activities result in indirect water quality impacts due to construction site runoff and drawdown of water table, disruption or disturbance of aquaculture-related activities, etc.  Such impacts can be avoided by appropriate construction site management protocols.  However, direct rainfall has been the major water source of fishponds within the Assessment Area.  No unacceptable impacts to the water source of fishponds are expected in the Project.

Construction Works and Construction Runoff

11.4.6       Fishponds and fish culture activities in close vicinity to the works site/area within the SPAUT and NTMPW areas would be potentially affected by uncontrolled/untreated run off, chemical waste and sediment would deteriorate of water quality, acute or chronic effect may arise on fish, thus affecting the pond fish culture activities and production.

11.4.7       Uncontrolled runoff, chemical waste and sediment generated from construction could potentially pose indirect impacts on the water quality of the adjoining watercourses, as well as the adjacent water bodies.  Pollutants discharging into the water bodies adjoining fishponds may also eventually cause impacts on culture fisheries.  Moreover, blockage of the water bodies due to poor construction activities (i.e. disorderly dumping of excavated material) may also affect the water quality and supply to pond fish culture activities.

Water Quality Deterioration

11.4.8       The proposed construction works would have potential indirect off-site impacts on adjacent active fishpond, pond bund and drainage ditches due to construction dust deposition, site runoff and chemical waste spillage (e.g. oil and other pollutants from mechanical equipment).  Pollutants may enter into fishponds and cause acute or chronic effect on fish, thus affecting the pond fish culture activities and production of active fishpond.   Given direct rainfall is the major water source for fishponds recorded within the Assessment Area, the impacts are therefore anticipated to be minor. However, as the impacts would be temporary and insignificant with precautionary measures (e.g. good site practices) in place during the construction phase as detailed in Section 6.  Therefore, no significant fisheries impact due water quality deterioration arising from the Project are anticipated.

Accidental Spillage and Potential Contamination of Surface Water and Groundwater

11.4.9       The use of chemicals such as engine oil and lubricants, and their storage as waste materials has the potential to impact water quality if spillage occurs and enters adjacent water environment.  Waste oil may infiltrate into the surface soil layer, or runoff into the nearby water environment, increasing hydrocarbon levels. Groundwater pollution may also arise from the improper use and storage of chemicals and petroleum products within the works site/area where groundwater infiltrates into the area.  Infiltration to groundwater may occur at area where faults and/or fissures are present in the rock mass.  Accidental spillage and potential contamination of surface water and groundwater could potentially pose indirect impacts on the water quality of the adjoining modified watercourses and adjacent active fishponds, an elevated toxic level may have acute or chronic effects on fish, thus affecting pond fish culture activities.  Given direct rainfall is the major water source for fishponds recorded within the Assessment Area and most of the fishponds were built by concrete walls and bottom, the impacts are therefore anticipated to be minor.  However, with the implementation of good site practices as detailed in Section 11.10 to minimize chance of accidental spillage and potential contamination of surface water and groundwater, the fisheries impacts arising from water quality deterioration due to accidental spillage and potential contamination of surface water and groundwater are therefore expected to be minor.

Draw-down of Water Table, Disruption or Disturbance of Pond Culture Related Activities

11.4.10    There would be active fishponds located above the proposed NOL Alignment, including three active (i.e. SA#2 to 4) in SPAUT area. Underground tunnelling works may potentially lead to groundwater drawdown, thus affecting the structures of these fishponds.  However, most of the ponds are lined with impervious layer or impermeable soil, as well as built with concrete to retain water.   Moreover, the underground works would be located in general at least 10 m below the local ground level.  Besides, direct rainfall has been the major water source for fishponds within the Assessment Area.  Thus, no unacceptable fisheries impact due to groundwater drawdown would be anticipated.

11.4.11    Moreover, it is of standard engineering practices to provide waterproofing system and hydraulic cut-off whenever deep excavation is required to avoid the ingress of groundwater into excavation zone that the chance of water table drawdown would be unlikely.  No adverse impacts from potential drawdown of groundwater table of ponds adjacent to Project area are therefore anticipated.  Nonetheless, in light of the short separation distance between the aboveground works sites of ABs and stations where would have deep excavation works and the nearby ponds, groundwater observation wells and recharge wells will be provided to verify the acceptability of any drawdown of water table from the proposed works and to avoid any disturbance of pond culture activity as far as practicable.  Groundwater table will be closely monitored as per S.7.239 of GS for Civil Engineering Works published by CEDD with action and limit levels at the observation well.  In case of any events of abnormal drawdown of groundwater table near the excavation area, groundwater dewatering will stop, and water will be pumped into the recharge wells to recover the normal groundwater table as necessary.

Potential Vibration and Construction Noise Impact to Fishponds

11.4.12    Potential vibration and construction noise impact may arise from the tunneling works of NOL alignment beneath the active fishponds located in SPAUT area (i.e. SA#1 to 7, and SA#21 to 36) and in vicinity to those in NTMPW (i.e. NP#33 to 42) and SATSWW areas (i.e. SS#35 to 38).

11.4.13    The underground works would be located approximately in general 10 m or more below the local ground level.  Since the geological condition along the underground tunnel is mainly soft in nature as the tunnel would be laid largely below alluvium, the soft geology would provide significant damping of vibrations and hence considerably reduce the transmission of ground-borne noise and vibrations.  The vibration impact to fishponds is anticipated to be minor.

11.4.14    In addition, as given in Section 2, by the time the construction works of the Project commences, the active fishponds in SATSWW area would have been lost due to a concurrent project (i.e. STLMC DN) in 2025, and those in NTMPW area would also be lost due to another concurrent project (i.e. NTM LUR) in NTMPW area in 2028. Thus the vibration and noise impact to fishponds arising from NOL is not considered to be a significant impact to fisheries.

Operation Phase

Indirect Impact

Potential Vibration and Ground-borne Noise Impact to Fishponds

11.4.15    When trains operate in tunnels that are located in close proximity to aboveground structures, there is a possibility that vibrations associated with train movement will be transmitted through the ground.  Ground-borne noise levels were predicted using a conservative approach based on the maximum operation capacity of railway system.  All of the predicted ground-borne noise levels at existing residential receivers are well below the stipulated ground-borne noise criteria (Section 5 refers).    It is therefore envisaged that the operation of the Project would not have adverse effect to the fish culture.

11.5           Evaluation of Potential Fisheries Impacts

11.5.1       In accordance with the EIAO-TM Annex 9 criteria, the assessment of potential fisheries impacts in the absence of mitigation within the Assessment Area of NOL alignment is provided in Table 11.5.

Table 11.5    Fisheries Impact on Fishponds within the Assessment Area of NOL Alignment 

Criteria

Active Fishpond

Inactive Fishpond

Abandoned Fishpond

Nature of impact

Construction Phase

Short-term loss of active fishponds in SATSWW area

 

Indirect water quality impacts due to land-based construction and construction run-off, accidental spillage and potential contamination of surface water and groundwater during construction phase

 

Indirect water quality impacts due to site runoff and spillage during operation phase

 

Potential indirect vibration and noise impacts due to tunneling and aboveground works during construction phase  

 

Operation Phase

Indirect impacts due to potential vibration impact to fishponds

 

Construction Phase

Short-term loss of some inactive fishponds in SATSWW area

 

No Indirect water quality impacts due to land-based construction and construction run-off, accidental spillage and potential contamination of surface water and groundwater during construction phase

 

Operation Phase

No operation phase direct and indirect impact

 

Construction Phase

Long-term loss of an abandoned fishpond in SPAUT area. Short-term loss of some abandoned fishponds in NTMPW and SATSWW areas

 

No indirect fisheries impact

 

Operation Phase

No operation phase direct and indirect impact

 

Size of affected area

Short-term loss of 0.71 ha

Short-term loss of 0.23 ha

Long-term of 0.13 ha

Short-term loss of 0.61 ha

Loss of fisheries resources / production

Low, as only loss of one active fishpond 

Low, as most of the affected ponds are not actively managed currently

Very low, as most of the affected ponds have been abandoned and not utilized for fisheries production for years

Destruction and disturbance of nursery and spawning grounds

Not applicable

Not applicable

Not applicable

Impact on fishing activity

Low

Nil

Nil

Impact on aquaculture activity

Very low direct and indirect impact affecting small area of active fishponds, as well as temporary, thus low

No impact is anticipated on aquaculture activity

No impact is anticipated on aquaculture activity

Overall impact before mitigation

Minor

Negligible

Negligible

           

11.6           Cumulative Fisheries Impacts

11.6.1       There is a couple of concurrent development projects along the Project area as detailed in Section 2, including NTM LUR and STLMC DN in NTMPW and SATSWW areas.

11.6.2       The areas of identified fishponds coinciding with the area of STLMC DN are total approximately 5.87 ha. Considering that most of the fishponds recorded in SATSWW areas are either inactive or abandoned, and the affected total fishpond area accounts for a loss of 0.52% of the overall fishpond area in Hong Kong, fisheries impact is therefore considered as minor.

11.7           Mitigation of Adverse Fisheries Impacts

11.7.1       According to the Annex 17 of EIAO-TM, the general policy for alleviating fisheries impacts fisheries impacts, in order of priority, are avoidance, minimisation and compensation approaches to the maximum practical extent

Avoidance

11.7.2       Impacts on key fisheries resources would be largely avoided through the adoption of underground scheme, alignment selection process and appropriate construction methods for the Project.  Direct loss of active fishponds due to NOL construction was minimised where practicable.  Impact to inactive fishponds and abandoned fishponds, blockage of access to surrounding fishponds, and restriction on pond culture related activities were also reduced to a large extent. 

11.7.3       As described in Section 11.4.10 to Section 11.4.11, the Project may result in potential impacts on groundwater table during the construction phase, and the potential impact on hydrology could be avoided through the implementation of precautionary measure during tunnelling works.  Details of the mitigation and contingency plans to monitor groundwater level are presented in Appendix 6.1. 

Minimisation

Control of Site Runoff

11.7.4       In order to minimise the potential indirect fisheries impacts due to deterioration of water quality on the adjacent ponds, guidelines for handling and disposal of construction discharges as well as appropriate mitigation measures and good site practices are described below.

11.7.5       In particular, measures and good site practices stipulated in the ProPECC PN 1/94 “Construction Site Drainage” and in ETWB TC (Works) No. 5/2005 “Protection of Natural Streams / Rivers from Adverse Impacts Arising from Construction Works” to minimise surface run-off and the chance of erosion should be followed to minimise potential impacts to nearby fisheries resources.  Relevant good site practices include:

·         Construction works near watercourses should be programmed to minimise soil excavation in the wet season (i.e. April to September).  If soil excavation cannot be avoided in these months or at any time of year when rainstorms are likely, temporarily exposed slope surfaces should be covered (e.g. by tarpaulin), and temporary access roads should be protected by crushed stone or gravel, as excavation proceeds;

·         Construction works close to the inland waters should be carried out in the dry season as far as practicable where the flow in the surface channel or stream is low;

·         Surface run-off from construction sites should be discharged into storm drains via adequately designed sand / silt removal facilities such as sand traps, silt traps and sedimentation basins;

·         Open stockpiles of construction materials (e.g. aggregates, sand and fill material) on sites should be covered with tarpaulin or similar fabric.  Intercepting channels should be provided (e.g. along the crest / edge of excavation) to prevent storm run-off from washing across exposed soil surfaces.  Arrangements should always be in place in such a way that adequate surface protection measures can be safely carried out well before the arrival of rainstorm;

·         Earthworks final surfaces should be well compacted and the subsequent permanent work or surface protection should be carried out immediately after the final surfaces are formed to prevent erosion caused by rainstorms.  Appropriate drainage like intercepting channels should be provided where necessary;

·         Good site practices should be adopted to remove rubbish and litter from construction sites so as to prevent the rubbish and litter from spreading from the site area.  It is recommended to clean the construction sites on a regular basis; and

·         Silt removal facilities, channels and manholes should be maintained and the deposited silt and grit should be removed regularly (as well as at the onset of and after each rainstorm) to prevent overflows and localized flooding.

Noise and Vibration

11.7.6       Details of mitigation measures to control noise and vibration due to the construction of the Project were identified and are discussed in Section 5.

11.7.7       The impacts from construction noise would be temporary and negligible with the following good site practices in place during the construction phase :

·         Only well-maintained plant should be operated on-site and plant should be serviced regularly during the construction program;

·         Silencers or mufflers on construction equipment should be utilized and should be properly maintained during the construction programme;

·         Machines and plant (such as trucks) that may be in intermittent use should be shut down between work periods or should be throttled down to a minimum;

·         Plant known to emit noise strongly in one direction should, wherever possible, be orientated so that the noise is directed away from the nearby fishponds;

·         Material stockpiles and other structures should be effectively utilized, wherever practicable, in screening noise from on-site construction activities;

·         Use of movable barrier for certain powered mechanical equipment (PME); and

·         Use of noise enclosure or acoustic shed to cover stationary PME.

Minimising Chance of Accidental Spillage and Potential Contamination of Surface Water and Groundwater

11.7.8       Contractor must register as a chemical waste producer if chemical wastes would be produced from the construction activities.  The Waste Disposal Ordinance (Cap 354) and its subsidiary regulations in particular the Waste Disposal (Chemical Waste) (General) Regulation should be observed and complied with for control of chemical wastes.

11.7.9      Any service shop and maintenance facilities should be located on hard standings within a bunded area, and sumps and oil interceptors should be provided.  Maintenance of vehicles and equipment involving activities with potential leakage and spillage should only be undertaken within the areas appropriately equipped to control these discharges.

11.7.10   Disposal of chemical wastes should be carried out in compliance with the Waste Disposal Ordinance.  The Code of Practice on the Packaging, Labelling and Storage of Chemical Wastes published under the Waste Disposal Ordinance details the requirements to deal with chemical wastes.  General requirements are given as follows:

·         Suitable containers should be used to hold the chemical wastes to avoid leakage or spillage during storage, handling and transport.

·         Chemical waste containers should be suitably labelled, to notify and warn the personnel who are handling the wastes to avoid accidents.

·         Storage area should be selected at a safe location on site and adequate space should be allocated to the storage area.

Other Good Site Practices

11.7.11    Good site practices should be strictly followed to avoid adverse impacts arising from the construction activities.  Recommendations for good site practices during the construction phase include:

·        Nomination of approved personnel, such as a site manager, to be responsible for implementation of good site practices, arrangements for waste collection and effective disposal to an appropriate facility;

·        Training of site personnel in site cleanliness, concepts of waste reduction, reuse and recycling, proper waste management and chemical waste handling procedures;

·        Provision of sufficient waste reception/ disposal points, and regular collection of waste;

·        Adoption of appropriate measures to minimise windblown litter and dust during transportation of waste by either covering trucks or by transporting wastes in enclosed containers;

·        Provision of regular cleaning and maintenance programme for drainage systems, sumps and oil interceptors;

·        Adoption of a recording system for the amount of wastes generated, recycled and disposed (including the disposal sites); and

·        Preparation of Waste Management Plan (WMP), as part of the Environmental Management Plan (EMP).

Review on Compensation Requirement

11.7.12    As discussed in Sections 11.4.1 to 11.4.4, there will be unavoidable temporary loss of active, inactive and abandoned fishponds located at SATSWW and NTMPW areas under this Project. The Project boundary was carefully developed with due consideration in engineering and site constraints such that the loss of pond culture fisheries could be minimised as far as possible.

11.7.13    Considering the permanently affected fishponds in SPAUT area have been abandoned and not utilized for fisheries production for years, and the temporarily affected fishpond area in SATSWW area would be handed over to project proponent of STLMC DN for further developments after the construction of NOL, no compensatory measure would be required from this Project.   

11.7.14    Under the current land policy, the affected commercial fishery undertakings would not be relocated or reprovided by public works.  Though in cases where fishery undertakings are affected by a development, ex-gratia allowance will be offered to fisheries operators financially.  Therefore, the fishery operator could relocate and continue the fishery production at an alternative location subject to his decision and at his own cost. 

11.8           Evaluation of Residual Fisheries Impacts

11.8.1       With the implementation of mitigation measures detailed in Section 11.7, no unacceptable adverse impacts on fisheries due to deterioration in water quality would arise during construction phase. 

11.9           Environmental Monitoring and Audit

Monitoring of Impact from Groundwater Drawdown

11.9.1       Groundwater levels will be monitored at the areas close to the aboveground works sites where would have deep excavation and active fishponds in pre-construction and construction stages as part of the comprehensive groundwater monitoring strategy (Section 6 refers).  A monitoring and emergency response plan should be prepared in relation to potential impacts due to groundwater drawdown, will form part of the EM&A requirement in the EM&A Manual and should be agreed with EPD and AFCD before commencement of the construction works.  The plan should include, but not be limited to, details of monitoring locations and programme, a mechanism to monitor the implication from the works to the groundwater system and fishponds including their water levels, action levels and emergency responses such as immediate action, remedial action and investigation.

11.10        Conclusion

11.10.1    A fisheries impact assessment based on the existing available information and site inspections on pond culture fisheries resources and activities within the Assessment Area has been undertaken, following the criteria and guidelines for evaluating and assessing fisheries impact as stated in Annexes 9 and 17 of the EIAO-TM.

11.10.2    The Project would only involve land-based construction works within the proposed works site/area of the NOL alignment.  As a result, a total of 0.71 ha active, 0.23 ha inactive and 0.61 ha abandoned fishponds in NTMPW and SATSWW areas would be lost in short-term, comprising about 0.06%, 0.02% and 0.05% of fishponds areas in Hong Kong respectively.  The long-term loss of 0.13 ha abandoned fishpond in SPAUT area comprise 0.01% fishponds areas in Hong Kong, which does not account for a significant proportion of the total fishpond area in Hong Kong. The fisheries impacts arising from the Project is therefore considered minor.  In addition, with the implementation of mitigation measures recommended in the Water Quality Impact Assessment Section for controlling water quality impact (Section 6 refers), the Project would not cause any unacceptable water quality impact to adjacent active fishponds near NOL alignment during construction and operation.  Impacts on groundwater table, and indirect impacts due to noise and vibration are anticipated to be insignificant. Overall, no unacceptable fisheries impact is anticipated from the Project.

11.11        References

Agriculture, Fisheries and Conservation Department (AFCD) (2013). Agriculture, Fisheries and Conservation Department Annual Report 2012-2013.

Agriculture, Fisheries and Conservation Department (AFCD) (2014). Agriculture, Fisheries and Conservation Department Annual Report 2013-2014.

Agriculture, Fisheries and Conservation Department (AFCD) (2015). Agriculture, Fisheries and Conservation Department Annual Report 2014-2015.

Agriculture, Fisheries and Conservation Department (AFCD) (2016). Agriculture, Fisheries and Conservation Department Annual Report 2015-2016.

Agriculture, Fisheries and Conservation Department (AFCD) (2017). Agriculture, Fisheries and Conservation Department Annual Report 2016-2017.

Agriculture, Fisheries and Conservation Department (AFCD) (2018). Agriculture, Fisheries and Conservation Department Annual Report 2017-2018.

Agriculture, Fisheries and Conservation Department (AFCD) (2019). Agriculture, Fisheries and Conservation Department Annual Report 2018-2019.

Agriculture, Fisheries and Conservation Department (AFCD) (2020). Agriculture, Fisheries and Conservation Department Annual Report 2019-2020.

Agriculture, Fisheries and Conservation Department (AFCD) (2021). Agriculture, Fisheries and Conservation Department Annual Report 2020-2021.

Agriculture, Fisheries and Conservation Department (AFCD) (2023) Fisheries: Aquaculture. Available at http://www.afcd.gov.hk/english/fisheries/fish_aqu/fish_aqu.html. (Access in June 2023).

Asia King Development Limited (2015). Development and Wetland Protection near Yau Mei San Tsuen – EIA Report. Prepared by ENVIRON Hong Kong Limited for Asia King Development Limited.

Capital Chance Ltd (2013). Proposed Residential Cum Passive Recreation Development within "Recreation" Zone and "Residential (Group C)" Zone at Various Lots in DD 104, Yuen Long, N.T. – EIA Report. Prepared by ENVIRON Hong Kong Limited for Capital Chance Ltd.

Civil Engineering and Development Department (CEDD) (2013a). North East New Territories New Development Areas – EIA Report. Prepared by Ove Arup & Partners Hong Kong Limited for Civil Engineering and Development Department and Planning Department, Government of the Hong Kong Special Administrative Region.

Civil Engineering and Development Department (CEDD) (2013b). Development of Lok Ma Chau Loop – EIA Report. Prepared by Ove Arup & Partners Hong Kong Limited for Civil Engineering and Development Department and Planning Department, Government of the Hong Kong Special Administrative Region.

Drainage Services Department (DSD) (2021). Yuen Long Barrage Scheme. Prepared by Black & Veatch Hong Kong Limited for Drainage Services Department, Government of the Hong Kong Special Administrative Region.

Glory Queen Limited (2016). Proposed Low-rise and Low-density Residential Development at Various Lots and their Adjoining Government Land in D.D. 104, East of Kam Pok Road, Mai Po, Yuen Long. New Territories – EIA Report. Prepared by Ramboll Environ Hong Kong Limited for Glory Queen Limited.