Permit under Marine Mammals Protection Act 1978 for Purposes of Hurunui/Kaikōura Earthquakes Recovery (Coastal Route and Other Matters) Order 2016

Transcription

1 Permit under Marine Mammals Protection Act 1978 for Purposes of Hurunui/Kaikōura Earthquakes Recovery (Coastal Route and Other Matters) Order 2016 Permission Number: MAR PURSUANT to an application under section 5(1) of the Marine Mammals Protection Act 1978 the MINISTER OF CONSERVATION GRANTS a permit under section 6 of the Marine Mammals Protection Act 1978 and clause 22 of the Hurunui/Kaikōura Earthquakes Recovery (Coastal Route and Other Matters) Order 2016 (individually and collectively) to: A: NEW ZEALAND TRANSPORT AGENCY B: KIWIRAIL HOLDINGS LIMITED (individually and collectively known as the agency ) for the purpose of carrying out restoration work (as defined in the Order) SUBJECT TO the following conditions, in accordance with Schedule 3 of the Order: (1) The Permit is valid for the period commencing 9 January 2017 and ending 31 March (2) Activities as specified in this Permit are authorised to be undertaken in the following Locations: (a) Ohau Point, including Ōhau New Zealand Fur Seal Sanctuary i. (3) The following activities are authorised under the Permit: (a) to take marine mammals i. kill, ii. injure, iii. herd, iv. or disturb). Development of Ecological Principles (4) The agency must appoint a suitably qualified and experienced ecologist (a project ecologist) for the duration of the project to inform the design, management, and monitoring of all construction works. The Department is able to assist in informing the design, management, and monitoring of construction works, in particular providing information and knowledge, and sharing expertise, to avoid or minimise any adverse effects on NZ fur seals. 1

2 (5) Before starting works, the agency must develop ecological principles informed by the cultural indicators to guide the works and environmental outcomes. (i) The Department is able to assist in developing the ecological principles in particular providing information and knowledge and sharing expertise to guide the works and to ensure the best environmental outcomes for NZ fur seals, including protecting the important breeding habitat at Ohau Point. (ii) A report from Ngāti Kurī /Ngāi Tahu on cultural values in Kaikōura, entitled Ngāti Kurī /Ngāi Tahu Cultural Indicators/Alert layer/values is relevant and is attached to this permit. (6) The agency must (a) Provide a draft copy of the ecological principles to the Department of Conservation; and (b) If any comments are received within 3 working days after the draft is provided to the department, have regard to those comments when finalising the ecological principles. (i) The Department will be providing a copy of the draft ecological principles to Te Rūnanga o Ngāi Tahu for feedback to inform comment provided by the Department on this draft document (7) The agency must take the ecological principles into account when undertaking the works. Ecological scoping survey (8) Before starting the works, a suitably qualified and experienced ecologist (or ecologists) must, together with a suitably qualified and experienced ecologist nominated by Te Rūnanga o Ngāi Tahu (the Ngāi Tahu project ecologist), complete an ecological scoping survey of the relevant works area, and adjacent areas, to identify any at risk or threatened flora or fauna (as defined in the current version of the New Zealand Threat Classification System), any taonga species (as defined in section 287 of the Ngāi Tahu Claims Settlement Act 1998), or any marine mammals (as defined in the Marine Mammals Protection Act 1978) that may be significantly adversely affected during or as a result of the works. (i) Kekeno, New Zealand fur seals are recognised as a Taonga species in Schedule 97 of the Ngāi Tahu Claims Settlement Act 1998 and as such are highly valued. The Marine Mammals Protection Act 1978 defines a marine mammal to include all species of seal (Pinnipedia). (ii) The Ōhau Point New Zealand fur seal breeding colony is the largest fur seal breeding colony on the east coast of the South Island. Post-quake the seals have successfully pupped, and after apparently temporarily shifting, have returned to this site. It is estimated there could be between 1500 and 2000 pups present this breeding 2

3 season, with some being present in the areas between and adjacent to the slips. There will be seals at the colony all year round. (iii) The Department has prepared a report Assessment of slips on marine ecological values which includes onsite observations in late December 2016, and this is attached to this permit. The following significant effects on these species are likely to occur during or as a result of the works if appropriate measures are not implemented: (iv) Disturbance; e.g. from helicopters, machinery, blasting, falling debris, and people walking through the colony. Disturbance is an issue at any time, but mostly from December to April due to the presence of young pups and the potential for mother/pup bonds to be broken. (v) Fatalities or injuries from being crushed or maimed by being buried under debris or hit by from rock fall; e.g. during sluicing or scaling work, blasting or when machinery is working above on the slip, (vi) Trauma from rock missiles being dislodged from above i.e. rock from sluicing or scaling work, blasting, and then later when the machinery is working above on the slip (vii) Crushing of seal pups as they have a tendency to hide in crevices etc rather than run (viii) Fatalities and other trauma resulting from seals stampeding (ix) Starvation of pups as a result of mother pup bonds being broken due to either being physically separated by operators or disturbance causing bonds to broken, or mothers being killed (x) Loss of breeding habitat and reduction in the quality of Ohau Point as a breeding colony (9) The ecological scoping survey must be carried out in general accordance with the Ecological Impact Assessment Guidelines (Environment Institute of Australia and New Zealand, March 2015). s (i) Timing of survey: Timing of the ecological scoping survey must provide sufficient time for its findings to be factored into the design and construction of the new road (ii) The Department is able to assist both on the ground and in providing and sharing information and knowledge to inform the ecological survey. (10) The agency must provide a copy of the final ecological scoping survey to the Department of Conservation. s (i) The Department will be providing a copy of the final survey to Te Rūnanga o Ngāi Tahu and Te Rūnanga o Kaikōura (Ngati Kuri) Development of measures to minimise adverse effects (11) If any flora or fauna (including taonga species or marine mammals) referred to in condition (8) are identified, the project ecologist, in association with the wider project team, must 3

4 develop and implement measures to avoid, as far as practicable (having regard to the purpose of the Hurunui/Kaikōura Earthquakes Recovery Act 2016), or to minimise, any adverse effects on those flora or fauna, taking into account the project ecological principles. s (i) The Department is able to assist in developing the measures required in condition (11), in particular providing information and knowledge and sharing expertise to avoid or to minimise, any adverse effects on NZ fur seals DOC has identified the following mitigation measures which will assist in to avoid or to minimise, any adverse effects from road remediation and construction activities on NZ fur seals: (ii) Aircraft (including helicopters and drones) should avoid flying below 500 feet over the foreshore where seals are known to be present and avoid any sudden or repeated change in speed or direction (iii) Where practicable a flight path that comes in from the north or south that avoids flying directly over the Ohau Point colony, and departs similarly in a circuit, should be used. (iv) monsoon buckets should be filled a few hundred metres offshore. (v) The maximum number of helicopters operating at any one time within 300 metres horizontally of the colony should be three. (vi) Works should be carried out in a way which minimises the amount of debris or rocks falling into the colony below, or spilling beyond the existing slips. (vii) Blasting, sluicing and other activities should be carried out during low tide where possible, as the seals should be lower on the shore and less susceptible to disturbance. (viii) Prior to blasting, where safe, a hovering helicopter (conducting a pre-work monitoring flight etc) can also be used as a warning mechanism for the seals below, ideally resulting in them moving to safer position. (ix) Actions that separate any seal from its mother, herd or group, or cause any members of such a group to be scattered should be avoided: (x) In non-breeding areas, where possible, there should be seal minders/handlers on site that can check the area is cleared of seals and help keep them at bay while work in that area is happening. (xi) Unnecessary disturbance to any seal or group of seals should be avoided. Signs of a seal becoming disturbed or alarmed include: Suddenly awaking or changing behaviour; Abandoning breeding or nursing behaviours. Moving away or towards the water; Shielding a seal pup using its body or movements; Charging, suddenly rearing up or showing other aggressive or defensive behaviour; 4

5 Vocalising or growling (xii) Unnecessarily loud or disturbing noise should be avoided (position equipment such as generators etc away from seals) (xiii) Access into and around the Ohau Point colony should be avoided where possible, and where practicable a minimum approach distance of 20m on foot, or 50m in a vehicle should be maintained, (xiv) Vehicles and other equipment should be operated in a way that minimises the disruption to the normal movement or behaviour of any seal, cutting off the path of a seal or preventing it from leaving the vicinity of any person, vehicle, equipment or site, should be avoided, along with getting between a seal and the sea (xv) The proposed helicopter landing pad, re-fuelling station (and any site office and equipment) should be located to the north of the culvert the stream (Ohau Creek) comes through, and positioned so as to limit any disturbance from light spill and noise. This area should be fenced and kept tidy, and good practice maintained to avoid contamination of areas used by seals. (xvi) Dogs should be secured within a vehicle or a cage or other enclosure, unless they are on site in a conservation related capacity (xvii) No rubbish that can be potentially consumed by or which might entangle a marine mammal should be left on site. (xviii) The best time to do works are from April/May onwards when the pups are more mobile. (xix) Conditions cover how to move a seal, and obligations to report injuries or fatalities, and requirements regarding handling, disposal and when assistance must be sought. (12) Any measures taken under condition (11) must be monitored at regular intervals during the term of construction and reported every 2 months together with any recommendations by the project ecologist, working with the Iwi Adviser, to change those measures. (13) The agency must (a) Provide a copy of each report prepared under condition (12) to the Department of Conservation and Te Rūnanga o Ngāi Tahu; and (b) Work with the Department of Conservation and Te Rūnanga o Ngāi Tahu, to take all reasonable steps in the circumstances, having regard to the purpose of the Hurunui/Kaikōura Earthquakes Recovery Act 2016, to implement any changes recommended in the report. (i) The Department is able to assist in monitoring, and developing any revised measures identified in the monitoring report, in particular providing information and knowledge and sharing expertise to avoid or to minimise, any adverse effects on NZ fur seals Activities affecting particular land and areas 5

6 (14) Any activity associated with the project that affects land held under the Reserves Act 1977 or the Conservation Act 1987, or any area subject to the Kaikōura (Te Tai o Marokura) Marine Management Act 2014, must be undertaken by the agency so as to avoid as far as reasonable in the circumstances (having regard to the purpose of the Hurunui/Kaikōura Earthquakes Recovery Act 2016), or to minimise, adverse effects on the values protected by the relevant Act applying to the land or area. Marine mammals (15) If injured marine mammals are found that need to be assessed or euthanased, the agency must contact (a) the Department of Conservation s Wairau/Renwick Office on between the hours of 8 am and 4.30 pm (Monday to Friday) or after hours on 0800 DOCHOTline ( ); and (b) Te Rūnanga o Ngāi Tahu. (i) Te Rūnanga o Kaikōura (Ngāti Kurī) are aware of the Order in Council and the conditions in this permit that require contact or work with Te Rūnanga o Kaikōura (Ngāti Kurī). Te Rūnanga o Kaikōura (Ngāti Kurī) are the relevant source of local tikanga. Brett Cowan of Te Rūnanga o Kaikōura (Ngāti Kurī) , based in Kaikōura, will be your point of contact with Te Rūnanga o Kaikōura (Ngāti Kurī) in the first instance, and he will be able to advise who in Te Rūnanga o Kaikōura NZTA should work with. (ii) Cultural support is available from the Department. The point of contact for this is Barney Thomas, Pou Tairangahau based in Nelson Barney may refer you to Brett Cowan (who also works as a Community Ranger in Kaikōura). (iii) The proposed works may result in injuries or harm to New Zealand fur seals and possibly mortality if appropriate measures are not taken, especially if large rocks are dislodged or there is a significant slope failure. Care should be taken to avoid where practicable large rocks rolling down into the colony, or triggering a large slope failure that could smother seals on the reefs below. In order to minimise unreasonable or unnecessary pain or distress to seals, observations of the colony should be undertaken at the end of each day to ascertain if any individuals are in distress and might need to be euthanised. (iv) Based on limited access to the colony below due to safety concern DOC suggests that aerial photos are taken at set photo points (using telephoto lens) to monitor changes (new rock, fill etc) so that comparisons can be made over time to see where habitat and probably animals may have been buried. This may also pick up some mortalities. (v) Prior to any blasting a pre-work monitoring flight should be undertaken to take images at the key locations. Where safe, monitoring of the effects of blasting should also be carried out on foot on the northern side of the northern slip face, and should 6

7 include photographs and a rough count of the number of live and dead seals observed from the viewing position. (16) The agency must ensure that (a) all staff who handle marine mammals are instructed in marine mammal handling techniques by a nominated staff member of the Department of Conservation; and (b) all marine mammals are handled in accordance with those techniques and Ngāi Tahu tikanga, in particular, but not limited to, (i) using only the minimum force necessary to shift marine mammals; (ii) taking all reasonable steps in the circumstances to avoid separating young from their mothers. s (i) The Department will provide specific training and advice in accordance with condition 16a. Unless directed by a DOC officer: (ii) vehicles, vessels, and aircraft (including drones) should not be used to herd or move seals. (iii) loud noises (airhorns etc) should not be used move or disperse seals In general, when attempting to move seals: (iv) Unless the seal s safety is at risk, attempts to move any seal or group should be abandoned if it shows signs of becoming distressed (v) Signs of a seal becoming disturbed or alarmed include: Suddenly awaking or changing behaviour; Abandon breeding or nursing behaviours. Moving away or towards the water; Shielding a seal pup using its body or movements; Charging, suddenly rearing up or showing other aggressive or defensive behaviour; Vocalising or growling (vi) Actions that cause seals to stampede or to scatter should be avoided (vii) Seals should only be handled under supervision of a DOC officer (viii) Food and other enticements should not be used to move seals (ix) Mother-pup bonds can be broken, especially for young pups, due to either being physically separated by operators or disturbance. (x) Mothers have very strong site fidelity, returning to the same rock to find their young. Relocating pups, especially younger individuals, out from harm s way, or undertaking other actions that will cause separation, will likely result in the pups being lost and starving to death. Mothers also tend to flee in the face of danger rather than staying to protect their pups or moving them to a safer location. In contrast, pups will hide in crevices and under rocks, meaning they are vulnerable 7

8 to being buried alive. (17) Following the death of a marine mammal, the carcass must be disposed of in a manner consistent with Ngāi Tahu tikanga and agreed between the agency, the nominated Department of Conservation staff member, and the Iwi Adviser, allowing where practicable for cultural recovery of the marine mammal. (18) Any discovery of an injured marine mammal, handling of a marine mammal, or discovery of the death of a marine mammal must be recorded as soon as practicable after it occurs and a summary report must be prepared and forwarded to the Department of Conservation Wairau/Renwick Office Operations Manager (i) Injured marine mammals should not be left in unreasonable or unnecessary pain or distress. General advice notes (i) The Department has prepared guidelines for operating around and minimising disturbance to seals. These provide advice for how to minimise disturbance to these animals, and are attached to this permit. SIGNED by Michael Slater, Deputy Director-General, Operations At [Wellington] pursuant to an Instrument of Delegation from the Minister of Conservation, Dated 8 January