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Appendix A: Issues Outside of Project Scope

Included below are some of the topics and issues of concern expressed during the consultations that are not within the scope of the study. While other topics were discussed, this list highlights the major issues that were mentioned repeatedly in the public meetings. Based on the level of concern and the relevancy of the issues as they relate to oil spills, we felt it was important that these issues be recorded as part of the consultative process.

Spill Mitigation Measures and Equipment Storage Location

Participants in every public meeting wanted to know if there is adequate infrastructure (equipment and trained personal) in place to protect their communities if there is a major oil spill. For instance, questions were raised about why most of oil spill response gear is located in Mount Pearl and not Placentia Bay, the area with the most marine traffic. Spill mitigation measures will be examined next fiscal year as Transport Canada applies the results of the current study to our review of Canada’s Marine Oil Spill Preparedness and Response Regime.

Mystery Spill and Illegal Bilge Dumps

Mystery spills and illegal bilge dumps are responsible for most of the oiled bird incidents along Newfoundland’s south coast. While this issue is outside the scope of this study, the Government of Canada is addressing it through other means. At each meeting, the panel explained a number of programs and initiatives that address this matter:

• Along the south coast of Newfoundland, aerial surveillance is conducted several times a week. Under a contract with Provincial Aerospace Limited (PAL), Transport Canada and Fisheries and Oceans Canada conduct regular overflights to detect anomalies in the water and for marine security purposes. This information assists with the prosecution of polluters.
• Transport Canada’s National Aerial Surveillance Program (NASP) is used to detect illegal discharges at sea. Internationally, aerial surveillance is widely adopted and considered to be the most effective method of detecting oil spills. The presence of the surveillance aircraft also acts as a deterrent by discouraging intentional pollution.
• NASP is available to Transport Canada and Environment Canada to enforce the provisions of Canadian legislation applicable to the illegal discharges from ships. Recent equipment upgrades allow the recording of illegal discharges in poor weather conditions and at night. Also, the viewing distance from either side of the plane has increased from two nautical miles to 25, for oil detection, and to 50 nautical miles on either side for vessel detections. The Dash 8, which is based in Moncton, New Brunswick, has long-range fuel tanks that enable it to effectively cover Newfoundland waters. Transport Canada also uses the St. John's-based PAL King aircraft, contracted to the Department of Fisheries and Ocean's, for supplementary pollution patrols, as mentioned above.
• The ISTOP project – Integrated Satellite Tracking of Polluters – utilizes RADARSAT, Envisat and other sensors to optimize oil pollution monitoring and surveillance. Current areas of interest for the ISTOP project are the East Coast, a portion of the Great Lakes, and an area off the West Coast.
  When an anomaly is detected by satellite, an image analyst sends a notification through Environment Canada’s Operation Centres to the Canadian Coast Guard Regional Operations Centres. These centres distribute the report to the various agencies involved for validation, investigation and response.
• AIS – Automatic Identification System – is a shipboard broadcast transponder system that is capable of automatically sending basic ship information, such as identification, position, course and speed, to other ships as well as to base stations ashore. It consists of transponders aboard vessels connected to vessel sensors and base stations ashore. AIS provides near-real-time and consistent vessel positioning data that is very accurate and not affected by weather. This is important for monitoring vessel traffic movement.
• While AIS was originally designed for navigation/anti-collision purposes, it is being expanded for multiple functions: prevention, environmental protection and security. Along the south coast, in particular, Transport Canada is building on the existing marine traffic services infrastructure and enhancing the current AIS capacity to approximately 70 base stations that can receive the AIS signals from passing ships.
• For Canadian ships, AIS capability is currently mandatory. For ships of other flags, the International Maritime Organization requires that AIS be fitted aboard all ships of 300 gross tonnage and upwards, engaged on international voyages; cargo ships of 500 gross tonnage and upwards, not engaged on international voyages and all passenger ships, irrespective of size. This requirement became effective for all ships on December 31, 2004.
• The Port State Control (PSC) regime is a ship inspection program whereby foreign vessels entering a sovereign state’s waters are boarded and inspected to ensure compliance with various major international maritime conventions, namely:
  • International Convention for the Safety of Life at Sea (SOLAS),
  • International Convention for the Prevention of Pollution from Ships (MARPOL),
  • International Convention on Standards of Training Certification and Watchkeeping for Seafarer (STCW),
  • Load Lines (LL),
  • Convention on the International Regulations for Preventing Collisions at Sea (COLREG), and
  • International Labour Organization Convention No. 147 Merchant Shipping (Minimum Standards) (ILO 147).
• PSC programs are regional in nature; that is, several countries sharing common waters have grouped together under a memorandum of understanding (MOU) to ensure that vessels trading in their area are not substandard. There are two MOUs to which Canada is signatory: the Paris MOU comprising 20 European countries, as well as Canada and the Russian Federation, and the Tokyo MOU comprising 16 Asia/Pacific countries, as well as Canada and the Russian Federation.
• Transport Canada, Safety and Security, is responsible for all PSC activities within Canada, and foreign ship inspections are carried out at all major ports by ship inspectors of the Marine Safety Branch. An inspection database and list of detained ships are maintained by the HQ group, which in turn feeds into the two MOU databases and the global system known as EQUASIS.
• Environment Canada is constantly performing beach surveys for oiled birds and reports that, in recent years, fewer birds are being found.

Sydney Basin Study

The Canada-Newfoundland and Labrador Offshore Petroleum Board is currently coordinating a Strategic Environmental Assessment study for the Sydney Basin to determine the potential for offshore oil and gas exploration activity in this area. The winning bidder(s) will be issued an exploration licence for a term of nine years; however, within the first five years of the study, a well must be spudded to validate the licence. This means that there maybe an increase in marine traffic, particularly if a drilling rill is brought into the area.

Ports of Refuge

It was communicated in several meetings that designating ports of refuge is an important issue that must be addressed. This is an ongoing initiative by the departments of Transport, Fisheries and Oceans, and Environment. Officials are developing a discussion document that they plan to share with industry. The IMO standard on ports of refuge is being used as a basis for this document.

Increased Penalties for Polluters

It was frequently suggested that the fines for oil spills are not adequate in Canada and that the justice system must be educated on the severe impacts of oil spills. Questions were also raised on why there has not been more success in charging vessels for mystery spills. Is this because of breakdown in inter-departmental procedures? Are the appropriate departments working together to address this serious issue? It was mentioned that under the Canada Shipping Act, penalties for spills are quite severe. These penalties are determined and enforced by the judicial system. In the new Act (CSA 2001), penalties will be more immediate and higher.

Oiled Marine Birds

Communities are concerned with the number of oiled marine birds washing up on their shores. The federal government is responsible for tracking polluters whose activities result in the oiling of birds. Environment Canada is also constantly performing beach surveys for oiled birds and reports that, in recent years, fewer birds are being found. Nevertheless, this concern was expressed in each meeting.

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