Harbour porpoises under threat from seismic survey in Killiney Bay
The Department of Communications, Energy and Natural Resources (DCENR) published a strategic environmental assessment (SEA) for the Irish and Celtic Sea — Appropriate Assessment for IOSEA4 — in June 2011.
OSEA 4 report
This recommended that areas with habitats or species listed in the Habitats Directive and the OSPAR Convention be licensed but treated as sensitive areas subject to an Environmental Impact Assessment (EIA) and be regulated to avoid damage to their biological communities.
Dublin Bay has four Candidate Special Areas of Conservation (cSACs) and four Special Protection Areas for birds (SPAs) that are part of a network of sites to protect biodiversity, called NATURA 2000 sites. SACs are designated under the Habitats Directive (92/43/EEC), while SPAs are designated under the Birds Directive (79/4089/EEC).
Under Article 12 of the Habitats Directive, Member States (MS) are obliged to implement strict protection for all whales, dolphins and porpoises and to take a precautionary approach. Monitoring is required to implement a system of strict protection.
The Marine Licensing Vetting Committee (MLVC) reporting to Minister of State, Jan O’Sullivan at the Department of Environment, Community and Local Government (DECLG) regarding the Kisk Bank Basin, concluded:
‘The works are not of a class that require the submission of an Environmental Impact Statement (EIS).’
An EIS is the result of an EIA which assesses the effects on the environment of a proposed development. No impact monitoring was required by the MLVC as a licensing condition and therefore no scientific evidence will be available to assess the impact.
On this understanding, the Ministers for the Environment, Heritage and Natural Resources have thereby failed to implement strict protection for the harbour porpoises.
Noise footprint excluded
Providence Resources provided an ERA which does not include a prediction of the project underwater noise footprint. Nor does it map the peak and cumulative noise levels perceived by species or the risk of behavioural changes and physiological damage to marine mammals.
The license conditions are inadequate to prevent disturbance to harbour porpoises — not least because the seismic survey will continue 24/7 and a Marine Mammal Observer can only see harbour porpoises in calm conditions and in daylight.
There are no data to indicate whether a seismic survey will, or will not, have a significant long-term impact on harbour porpoise in the area.
Dublin Bay meeting
In November, over 500 people attended a meeting called by Dublin Bay Concern about the proposal to explore for oil 6km off the Dublin coast at Killiney. A video showed Ireland’s Atlantic margin as a potential lucrative prospect with up to 10 billion barrels of oil worth 100s of billions of Euro to the Irish economy. (http://www.youtube.com/watch?v=H-FM6OYmu9g)
Ireland’s potential benefit however would only be 25-40% of net worth since the more favourable share of 58% in 1975 was subsequently eroded by Fianna Fáil Energy Minister Ray Burke in 1985.
Stephen Vard of Dublin Bay Concernsaid that the DECLG received 4825 individual submissions and 700 letters when notice of the drilling proposal was published.
“There had been no meaningful discussion with only 21 days for public consultation, and a public inquiry was refused,” he said.
Financial advisor Eddie Hobbs described Ireland’s licensing regime as “completely out of line” with international best practice as there is no requirement to bring oil ashore or generate jobs.
“In two surveys of more than 100 licensing regimes, Ireland was second worst to Cameroon in one and Peru in the other.
“This meeting is about what we’re going to do about this. We’re being done by our own team, again. Are we going to leave or stand up against our own government?”
2008 survey
In summer 2008, the Irish Whale and Dolphin Group (IWDG) carried out a survey of harbour porpoises in Dublin Bay to identify key habitat and to estimate abundance and density for the National Parks and Wildlife Service (NPWS).
The highest density (2.03 per km2) was found in North Co Dublin with high densities (1.19km2) also in Dublin Bay. IWDG advised the NPWS that these two areas should be combined into one site and designated as an SAC for Harbour Porpoise. All EU coastal states are legally obliged to protect the harbour porpoise by designating SACs according to the EC Habitat Directive (92/43/EEC 1992).
The designation of marine SACs in the EU is scheduled to be completed by end of 2012. According to the IWDG, in March 2009 the Department of Arts, Heritage and the Gaeltacht agreed with the EU to designate an SAC for porpoises off the east coast but no designation has yet been made.
Question from Inshore Ireland to DCENR, DAHG, DECLG
Why is an EIA not required for seismic surveys in general, and specifically for the Kish Bank Basin, given Ireland’s obligations under the Habitats Directive and Marine Strategy Framework Directive (MSFD) whereby Member States are required to devise protocols to measure and monitor to ensure that underwater noise does not adversely impact on the marine environment?
No Department answered this specific question. A statement to Inshore Ireland from a spokesperson for Providence Resources includes:
‘Theproposal is below the threshold for an EIA as laid out by the EIA directive. Providence followed the DCENR Petroleum Affairs Division (PAD) guidelines in submitting the EAA and ERA and the other documents listed here; http://www.providenceresources.com/Foreshore%20Application.aspx’
Both the DECLG who issued the foreshore licence and is responsible for effective environmental protection and SEAs, and the DAHG who is responsible for the impact of seismic surveys on EU designated habitats and species, referred Inshore Ireland to the DCENR.
DCENR told Inshore Ireland it had not received an application for a seismic survey.
Inshore Ireland understands DCENR is legally obliged to issue an approval from the Petroleum Affairs Division for any seismic survey. (MLVC Report Section 2 Legislative Framework).
