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Disturbance Of marine Birds and Mammals at Race Rocks | |||||||||
Legislation with direct or potential relevance to marine life at Race Rocks. Provision is made in the Act for enforcement by the use of Marine Conservation Area wardens Appendix 3. Methods used for the analysis of data collected during animal censuses and activity Figure A - 2. Components of a boxplot. The median splits the ordered batch of numbers in half, and the hinges split Analysis of Count and Activity Data
9 APPENDICES
Appendix 1.
American and International laws are provided due to the proximity of the study area to the United States and the fact that many of the individual animals observed in this study occur in American and International waters during their lifetimes. This information is based on a cursory review of relevant legislation and does not represent a legal interpretation or opinion. For such, the Department of National Defence should seek legal council. Federal Legislation
Oceans Act
The Oceans Act provides for the establishment of Marine Protected Areas under Section 35 (1) for special protection for one or more of the following reasons:
• the conservation and protection of commercial and non-commercial fishery resources,
including marine mammals, and their habitats;
• the conservation and protection of endangered marine species, and their habitats;
• the conservation and protection of unique habitats;
• the conservation and protection of marine areas of high biodiversity or biological
productivity; and
• the conservation and protection of any other marine resource or habitat necessary to
fulfill the mandate of the Minister.
Under the Oceans Act, Race Rocks was declared a Pilot Marine Protected Area in 1998. In 2000 it was announced that Race Rocks would become Canada's first Marine Protected Area. The legal designation of Race Rocks as a Marine Protected Area had not yet received final approval as of October 2004. The Oceans Act has the potential to provide protection to all bird and marine mammal species that use Race Rocks by protecting habitat, biodiversity, species, individuals and marine resources throughout the area including the land and the water column. Persons who contravene regulations made under paragraph 35(3) (b) or an order made under subsection 36(1) of the Oceans Act are guilty of an offence.
Canada National Marine Conservation Areas Act
The Canada National Marine Conservation Areas Act became law on 13 June 2002. Section 4(1) of the Act states that Marine Conservation Areas are:
"established in accordance with this Act for the purpose of protecting and conserving representative marine areas for the benefit, education and enjoyment of the people of Canada and the world".
The summary paragraph of Bill C-10 states:
“This enactment provides authority for the establishment of national marine conservation areas, with the objective of protecting and conserving a variety of aquatic environments. The addition of each new marine conservation area will be subject to parliamentary approval. The enactment confers a range of regulatory
powers for the protection of living and non-living marine resources and their
management and use in a sustainable manner.”
Relevant to the protection of Race Rocks (should it ever be designated a National Marine
Conservation Area) Section 16(1) of the Act states that the Governor in Council may make
regulations, consistent with international law, including regulations:
• for the management and control of renewable resource harvesting activities;
• respecting the delimitation of zones within marine conservation areas;
• authorizing the granting, and the surrender or relinquishment, of leases, licences,
easements or servitudes, of or over public lands in Marine Conservation Areas for uses
compatible with section 4;
• for the control of the flight of aircraft to prevent danger or disturbances to wildlife and
wildlife habitat and respecting the takeoff, landing and taxiing of aircraft; and
• for the control of scientific research activities.
and enforcement officers. Enforcement officers have broad powers of search and seizure in cases
where persons are suspected of contravening regulations under the National Marine
Conservation Areas Act. Fines, forfeiture of property, prohibition of future activities, and orders
to mitigate environmental damage are some of the possible actions that may be taken against
offenders under the Act.
Canada Wildlife Act
The Canada Wildlife Act (1985) provides authority to the Minister of the Environment to acquire
lands for the purposes of wildlife research, conservation, and interpretation. The Act also
provides for the establishment of protected marine areas. Furthermore, the regulations that
govern designated National Wildlife Areas helps to ensure that lands of national importance are
protected. The Minister is also given the authority to enter into agreements with provinces for the
purposes of wildlife research, conservation and interpretation, including measures to protect any
species of wildlife in danger of extinction.
Canadian Environmental Assessment Act
The Canadian Environmental Assessment Act (CEAA) provides the legislation needed to order
an environmental assessment. The purposes of the Act include:
• ensuring that the environmental effects of projects receive careful consideration prior to
the start of the project;
• to encourage authorities to take actions that promote sustainable development;
• to ensure that authorities carry out their responsibilities in a manner avoiding unnecessary
duplication in the environmental assessment process; and
• to ensure that there be an opportunity for public participation in the environmental
assessment process.
The Act sets out what type of projects require an environmental assessment, the type of
assessment required, and the manner in which the assessment must be conducted and published.
The Governor in Council has the power to make regulations regarding many aspects of the
environmental assessment process. The Act established a federal agency called the Canadian
Environmental Assessment Agency which advises and assists the Minister in performing the
duties and functions conferred on the Minister by the Act. This Act provides protection to Race
Rocks by regulating development within the Ecological Reserve as well as in the surrounding
area. The present study is part of a Class Level Screening Project under CEAA.
Canadian Environmental Protection Act, 1999
The primary purpose of the Canadian Environmental Protection Act, 1999 is to contribute to
sustainable development through pollution prevention. Section 46(1) (i) states that:
“The Minister may, for the purpose of conducting research, creating an inventory
of data, formulating objectives and codes of practice, issuing guidelines or
assessing or reporting on the state of the environment, publish in the Canada
Gazette and in any other manner that the Minister considers appropriate a notice
requiring any person described in the notice to provide the Minister with any
information that may be in the possession of that person or to which the person
may reasonably be expected to have access, including information regarding the
following:
(i) substances that, if released into areas of Canada where there are migratory
birds, endangered species or other wildlife regulated under any other Act of
Parliament, are harmful or capable of causing harm to those birds, species or
wildlife”.
Relevance of this legislation to the Race Rocks Ecological Reserve might involve the discharge
of untreated, residential sewage and diesel generator emissions.
Species at Risk Act
The Species at Risk Act was given Royal Assent in the Canadian Parliament on 12 December
2002. The purpose of the Act is:
"to prevent Canadian indigenous species, subspecies and distinct populations of
wildlife from becoming extirpated or extinct, to provide for the recovery of
endangered or threatened species and to encourage the management of other
species to prevent them from becoming at risk.”
This enactment established the Committee on the Status of Endangered Wildlife in Canada
(COSEWIC) as an independent body of experts responsible for assessing and identifying species
at risk. It provides that COSEWIC's assessments are to be reported to the Minister of the
Environment and to the Canadian Endangered Species Conservation Council and it authorizes
the Governor in Council to establish by regulation the official list of species at risk based on that
process. It requires that the best available knowledge be used to define long- and short-term
objectives in a recovery strategy for endangered and threatened species and it provides for action
plans to identify specific actions. It creates prohibitions to protect listed, threatened, and endangered species and their critical habitat. It recognizes that compensation may be needed to
ensure fairness following the imposition of the critical habitat prohibitions. It creates a public
registry to assist in making documents under the Act more accessible to the public. It is
consistent with Aboriginal and treaty rights and respects the authority of other federal ministers
and provincial governments.
The Species at Risk Act will protect threatened species and their habitats by using species
assessments from COSEWIC to determine which species are threatened. The Act sets out the
process whereby COSEWIC will classify species in Canada and the other duties of COSEWIC.
Recovery strategies and action plans will be developed for species that are considered to be
endangered, threatened, or extirpated. Management plans will be developed for species of special
concern. Critical habitats for these species will be identified.
General prohibitions within the Act include:
Section 32. (1) No person shall kill, harm, harass, capture or take an individual of a wildlife
species that is listed as an extirpated species, an endangered species or a threatened species.
(2) No person shall possess, collect, buy, sell or trade an individual of a wildlife species that is
listed as an extirpated species, an endangered species or a threatened species, or any part or
derivative of such an individual.
(3) For the purposes of subsection (2), any animal, plant or thing that is represented to be an
individual, or a part or derivative of an individual, of a wildlife species that is listed as an
extirpated species, an endangered species or a threatened species is deemed, in the absence of
evidence to the contrary, to be such an individual or a part or derivative of such an individual.
Section 33. No person shall damage or destroy the residence of one or more individuals of a
wildlife species that is listed as an endangered species or a threatened species, or that is listed as
an extirpated species if a recovery strategy has recommended the reintroduction of the species
into the wild in Canada.
This lengthy Act provides protection for any endangered or threatened species or species of
concern that occurs at Race Rocks as well as the habitats used by those species.
Species of concern are listed in three schedules within the Act depending on the time frame that
COSEWIC has to finalize its evaluation of the conservation status of the species. Under this Act
several species which are known to use the Race Rocks area are presently listed. The only
species classified as Endangered under the Act that is known to use Race Rocks is the Northeast
Pacific Southern Resident Population of the killer whale. Mammal species classified as
Threatened under the Act that may use the Race Rocks area are the sea otter (very rare in the
area) and one Northeast Pacific Transient Population of killer whales. The only bird species
classified as Threatened that is known to frequently use the Race Rocks area is the marbled
murrelet. Two other Threatened birds that may use Race Rocks occasionally are the anatum
peregrine falcon (anatum subspecies) and the northern goshawk (laingi subspecies). One
population of killer whale, the Northeast Pacific Offshore Population is listed under the Act as of
Special Concern. The peregrine falcon (pealei subspecies), the great blue heron (fannini
subspecies), and the ancient murrelet are the only birds of Special Concern listed that are known
to use Race Rocks. The Act will be enforced by officers designated by the Minister. Contravention of the Act by
persons or corporations is punishable by fines and imprisonment.
Migratory Bird Convention Act
The Migratory Bird Convention Act was passed jointly by Canada and the United States in 1916
in response to the extinction of the Passenger Pigeon. The Act was designed to protect migratory
birds and their nests. Not all bird species are protected by the Act, but many birds that occur at
Race Rocks are protected. Birds that may occur at Race Rocks that are not covered by this Act
include pelicans, cormorants, eagles, hawks, falcons, kingfishers, crows, ravens, and blackbirds.
Most of these species are protected provincially by the British Columbia Wildlife Act (see
below).
The Migratory Bird Convention Act includes regulations that prohibit the killing, capturing,
injuring, taking or disturbing of migratory birds or the damaging, destroying, removing or
disturbing of nests. The Act also allows for the designation of protection areas for migratory
birds and nests, and for the control and management of those areas.
A person who contravenes any section or regulation of the Act commits an offence and is liable
for punishments including fines and imprisonment.
Fisheries Act
Cetaceans and pinnipeds are protected under the federal Fisheries Act. Although cetaceans and
pinnipeds are mammals, their inclusion in this Act reflects the fact that they were once managed
and harvested as “fish” stocks.
Section 32 of the federal Fisheries Act states that:
“No person shall destroy fish by any means other than fishing except as
authorized by the Minister or under regulations made by the Governor in Council
under this Act.”
Section 35(1) states that:
“No person shall carry on any work or undertaking that results in the harmful
alteration, disruption or destruction of fish habitat.”
Section 40(1) outlines the punishments (fines and imprisonment) for contravening subsection
35(1)
Pursuant to Section 43 of the federal Fisheries Act, Section 7 of the Marine Mammal Regulations
states that:
“No person shall disturb a marine mammal except when fishing for marine
mammals under the authority of these Regulations.”
The Marine Mammal Regulations are presently under review by public consultation throughoutProvincial Legislation
Ecological Reserve Act, Protected Areas of British Columbia Act, Park Act
These acts as well as associated pieces of legislation (e.g., Ecological Reserve Regulations,
Application of Park Legislation to Ecological Reserves Regulation) serve to create and protect
significantly important ecological sites that are located on Crown land (terrestrial or submarine).
This Act provides very strong legal protection because the Act and regulations and orders made
under it prevail over all other provincial legislation. For matters requiring cooperation between
federal and provincial agencies, BC Parks will coordinate provincial participation.
Ecological Reserves are established through publication of a notice in the BC Gazette by the
Minister responsible. The purpose of the Ecological Reserve Act is to reserve Crown land for
ecological purposes including the following areas:
• “areas suitable for scientific research and educational purposes associated with
studies in productivity and other aspects of the natural environment;
• areas that are representative examples of natural ecosystems in British Columbia;
• areas that serve as examples of ecosystems that have been modified by human
beings and offer an opportunity to study the recovery of the natural ecosystem
from modification;
• areas where rare or endangered native plants and animals in their natural habitat
may be preserved; and
• areas that contain unique and rare examples of botanical, zoological or
geological phenomena.”
The Ecological Reserve Regulations strictly regulate human activities in Ecological Reserves.
Section 1 of the regulations state that:
“no person shall enter upon an ecological reserve for a purpose inconsistent with
the Ecological Reserve Act, and without limiting the generality of the foregoing,
no person shall prospect for minerals, cut timber, allow domesticated animals to
graze, camp, light fires, trap or molest animals, build roads or trails, use
motorized vehicles within an ecological reserve, or remove plants, animals or
material from an ecological reserve.”
Permits may be authorized for research or educational purposes. Permits may be cancelled or
modified by the administrator when he considers such action advisable. Persons that commit an
offence under the regulations are punishable by fine. The Ecological Reserve Act and related
legislation has powers to protect wildlife as it is expressly stated that no person may molest
animals in an Ecological Reserve. “Molestation of animals” is not defined in the Act.
Race Rocks was designated as an Ecological Reserve in 1980 by an Order in Council under the
Ecological Reserve Act. This Act provided protection of the terrestrial land of the various islets
(excluding Great Race Rock at that time) and the surrounding seabed to a depth of 20 fathoms. In
2001, most of Great Race Rock except for the land needed for the light station and other land
necessary to service the light station was added to the Reserve by Order in Council. The water
column within Race Rocks Ecological Reserve is under federal jurisdiction.
British Columbia Wildlife Act
The British Columbia Wildlife Act was designed to help protect and manage wildlife in British
Columbia. Although most species of wildlife are included in this Act, marine mammals,
including seals, sea lions, whales, dolphins, and porpoises are not. Bird species that are not
covered by the federal Migratory Birds Convention Act are included in this Act (with a handful
of exceptions). This Act has the power to designate Wildlife Management Areas. The minister
may by regulation designate land in a Wildlife Management Area as a Critical Wildlife Area for
threatened or endangered species. If the Lieutenant Governor in Council considers that a species
of wildlife is threatened with imminent extinction throughout all or a significant portion of its
range in British Columbia because of the actions of humans, the Lieutenant Governor in Council
may, by regulation, designate the species as an endangered species. By the same method, if the
Lieutenant Governor in Council considers that a species of wildlife is likely to become
endangered in British Columbia, the Lieutenant Governor in Council may designate the species a
threatened species.
A person that alters, destroys, or damages wildlife habitat, or deposits on land or water a
substance or manufactured product or by product in a manner that is harmful to wildlife or
wildlife habitat that person commits an offence under the Wildlife Act. Under the Wildlife Act
(Section 7(4), a regional manager may make orders prohibiting a person from:
• entering,
• cutting, picking, removing, altering, destroying or damaging vegetation in,
• disturbing or harassing wildlife in,
• releasing or abandoning an animal in, and
• allowing an animal to enter a wildlife management area, a critical wildlife area or a
wildlife sanctuary.
A person who contravenes an order made under this subsection commits an offence.
Section 34 of the Wildlife Act states that:
“A person commits an offence if the person, except as provided by regulation,
possesses, takes, injures, molests or destroys:
• a bird or its egg,
• the nest of an eagle, peregrine falcon, gyrfalcon, osprey, heron or
burrowing owl, or
• the nest of a bird not referred to in paragraph (b) when the nest is
occupied by a bird or its egg.”
Another section of the Wildlife Act that has the potential to protect wildlife in Race Rocks is
Section 75; Accidental Killing of Wildlife. Section 75 states that:
“A person commits an offence if the person:
• kills or wounds wildlife, other than prescribed wildlife, by accident
or for the protection of life or property, and
• does not report promptly to an officer the killing or wounding and
the location of the wildlife.”
It is possible that marine mammals (not covered by the BC Wildlife Act) and birds are
sometimes killed or wounded near Race Rocks by motorboats travelling faster than permitted in the Reserve (see Province of BC 2002). In a case of accidental killing or wounding of wildlife in
the Race Rocks area there is potential to punish the operator of the boat if a bird is harmed.
Depending on the offence, various penalties and fines may be imposed for offences under the
Wildlife Act or a regulation under the Act.
Environmental and Land Use Act
The Environmental and Land Use Act is legislation that allows the provincial government to
customize land use regimes to meet particular objectives. It is used when the government wants
to formally designate areas where the desired management objectives do not neatly fit into any of
the other designations available. This is strong legislation that makes it relatively easy for the
province to be flexible and adaptive to local situations that are not easy to manage under other
legislation.
United States Legislation
Marine Mammal Protection Act of 1972
The Marine Mammal Protection Act of 1972 was designed to ensure the protection and
conservation of marine mammals and their habitats. The Act instituted a moratorium in the
United States on the taking and importation of marine mammals and marine mammal products
with a few specific exceptions. This powerful law makes it illegal for any person, vessel or other
conveyance under the jurisdiction of the United States to “take” any marine mammal. The
definition of “take” is:
“to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any
marine mammal.”
The definition of harassment in the Act is:
“any act of pursuit, torment, or annoyance which has the potential to injure a
marine mammal stock in the wild or has the potential to disturb a marine mammal
or marine mammal stock in the wild by causing disruption of behavioral patterns,
including, but not limited to: migration, breathing, nursing, breeding, feeding, or
sheltering.”
Permits may be issued for the “taking” or “importing” of marine mammals for various reasons,
including scientific research. The permitting process is difficult and can take a lengthy period of
time to complete. Obtaining permits for lethal taking of marine mammals is a particularly
involved process. Fines for violating any of the provisions of the Act or any permit or regulation
issued may be assessed. Any person who knowingly violates any of the provisions of the Act or
any permit or regulation issued may be fined, imprisoned or both.
United States Endangered Species Act
The United States Endangered Species Act was passed by the US Congress in 1966 in response
to the plight of the Whooping Crane. This is a very powerful Act which has the power to protect
endangered species and their habitats. The purposes of this Act are to provide a means to protect
the ecosystems upon which endangered and threatened species depend, to provide a program for
the conservation of such species and to take such steps that may be appropriate to achieve the purposes of the treaties and conventions set forth in the Act. The Act sets out the procedure by
which species are classified as endangered, threatened, or otherwise. The species listed are
published in the Federal Register and the list is reviewed at least once every five years. Recovery
plans must be developed and implemented for species that are on the list and a monitoring
system must be put in place. Very strict regulations are in the Act regarding human activities
which may affect the listed species. Penalties under this Act for persons or corporation in
contravention of the Act include fines and imprisonment.
International Legislation
The International Convention for the Regulation of Whaling, 1946
This Convention was created to protect the world’s stock of whales, dolphins, and porpoises by
regulating their harvest. Many countries have signed on to the Convention. Canada is not a
signatory. The International Whaling Commission was established through this convention. The
International Whaling Commission's stated aim was:
“to provide for the proper conservation of whale stocks and thus make possible
the orderly development of the whaling industry”.
In 1972 at the UN Conference on the Human Environment, a resolution was passed calling for an
increase in whale research, a 10-year moratorium on whaling and for more power for the
International Whaling Commission. In 1976, an International Decade of Cetacean Research was
declared. Management plans of the International Whaling Commission have been adapted over
the years reflecting the increased scientific knowledge about cetaceans, the changing political
and social climate in various parts of the world and the changing status of various species of
cetaceans.
Miscellany
Other pieces of legislation that may or may not be of relevance to marine life at Race Rocks
include:
• United Nations Convention on the Law of the Sea (UNCLOS);
• Convention on Biological Diversity (UNEP 1994);
• Convention on Migratory Species (Bonn Convention); and
• World Conservation Union (IUCN) World Commission on Protected Areas program.
Best Practices for Race Rocks
Owing to concerns about the adverse effects of recreation on marine life, best practices for dive
vessels, divers and tour operators have been prepared (Province of BC 2002). Those practices do
not have the weight of law behind them so it is intended that there will be voluntary compliance
with them. The following information is from the appendices of the Management Plan of Race
Rocks Ecological Reserve (Province of BC 2002).
Voluntary Guidelines for Dive Vessels and Divers Within Race Rocks Ecological Reserve
INTRODUCTION
With extensive polling within the Diving Community, it has become apparent that there is
positive support for the marine protected area. At Race Rocks, it is our view that with a clear set
of diving operators’ guidelines both non-commercial and commercial access may continue. Under these guidelines, diving activities will have an almost non-existent impact on the MPA. It
is recommended by the Diving Community that the following guidelines be adopted as standard
operating practices by all divers and dive vessels, commercial and non-commercial, entering the
MPA.
GUIDELINES
1. All vessels entering the MPA will reduce speed to under 5mph over the ground.
2. All vessels must fly a recognizable divers flag (i.e. Alpha blue and white, or the standard red
and white divers down flag) while divers are in the water. Flags are to be removed when the last
divers are back on board the vessels.
3. Dive vessels are to contact any approaching vessel by VHF radio to notify them of divers’
positions and direction of travel.
4. As it is necessary for safety reasons that dive vessels approach land masses and the outside of
kelp beds in close proximity it is recommended that this be done at a “dead slow” speed to
reduce intrusiveness and wake.
5. There is no anchoring permitted within the MPA including the use of kelp anchors.
6. With regard to MPA pre-dive briefings given by vessel operators or diving supervisors, these
must include:
a) Goals and Objectives of the Race Rocks MPA;
b) Buoyancy control expectations to reduce contact with the ocean bottom;
c) Diver recall procedures;
d) “No Go” zones for divers (on land masses, etc.);
e) Hand-outs for the MPA;
f) Reinforcement of the “no-take” regulations
CONCLUSION
As it has been the focus of World Diving, the British Columbia coast has established itself as a
premiere diving destination. In several cases, it has been rated the number one selection for
quality adventure diving. Protecting this resource is of high priority within the Diving
Community and the management of the MPA at Race Rocks has overwhelming support. It is our
view that with a solid set of diving guidelines both commercial and non-commercial access will
have little if any impact on the natural processes at Race Rocks.
Race Rocks: Best Practices for Tour Operators
INTRODUCTION
The Whale Watch Operators Association – South Vancouver Island (WWOA) has reviewed the
initiative by the Federal Fisheries and Oceans Canada to formally designate Race Rocks as a
marine protected are under the Oceans Act. Race Rocks is recognized as a valuable area for
tour operators to provide safe access and education to the general public for the increased
awareness and benefit of the greater British Columbia coastline. In recognition of this status, the
WWOA is proposing a “Best Practices” guideline that will address the concerns of shore based
observers yet still permit marine wildlife tour operators to view wildlife in a manner that does
not disturb “life processes.” These guidelines are purposely kept simple so that they may be
followed by all vessels -commercial or private.
GUIDELINES
1. All vessels will recognize a boundary one eighth of a nautical mile off any landmass of the
Race Rocks group. This represents the “GO SLOW” zone where vessels will proceed as slow as
possible to minimize wake and wash.
2. All vessels within this area will stay mid-channel between the main rock outcrops referred to
as North Race, West Race and Helicopter Rock. Vessels will attempt to run in a direction with
the current whenever suitable conditions allow.
3. When whales are present within the Ecological Reserve / Marine Protected Area, all vessels
will stay out for observation purposes only.
SUMMARY
These guidelines should cover most of the concerns that have been raised during all the
discussions between the WWOA and any other concerned parties. The WWOA will attempt to
establish an example of self-regulating guidelines for the Ecological Reserve / MPA model which
is hoped to be established in other coastal areas. Successful membership in our Association will
provide discipline so that a group of competitors can bear upon each other to adhere to our
“Best Practices for Race Rocks.”
Appendix 2. Data collected during monitoring sessions at Race Rocks.
Weather Data
Date: day, month, year of observation
Time: hh:mm:ss of observation
Air: air temperature
Wind: windspeed (knots) from the tower instrument
Wind direction: bearing off true north from the tower instrument
Wind direction was coded for the purpose of logistic regression analyses. Coding represented
conditions expected to attenuate (lower values) or amplify (higher values) sound from the
general direction of Bentinck Island.
Wind direction was coded for data analyses. Values of 0 represented wind directions expected to
attenuate blast noise originating on Bentinck Island; values of 1 represented partial attenuation;
values of 2 represented amplification.
Bearing
(degrees off true north) Code
0-22.5 1
22.5-45 0
45-67.5 0
67.5-90 0
90-112.5 0
112.5-135 0
135-157.5 0
157.5-180 0
180-202.5 0
202.5-225 0
225-247.5 0
247.5-270 1
270-292.5 1
292.5-315 2
315-337.5 2
337.5-360 2
Sea State: Beaufort Scale 0-12
Swell Height: The extent to which swells washed over the haulouts. N=Nil; L=Low;
M=Moderate; H=High
Cloud: cloud class 1=clear; 2=broken <50% cloud cover; 3=broken >50%; 4=unbroken cloud
Rain: rain class N=nil; F=fog; M=misty; D=drizzle; LR=light rain; HR=hard rain; H=hail;
S=snow
Vis: horizontal visibility class; U=unlimited; M=moderate (near Vancouver Island still visible);
L=low (Vancouver Island not visible; Race Rocks visible); P=poor (not all of Race Rocks
complex visible)
Census Data
A census of all marine birds and mammals on land and visible in the study area was conducted
twice daily—once in the morning and once at the end of the monitoring day.
Time: hh:mm:ss of start of census for each area
Sub-Area: zone of Great Race Rock (A-H) or islet number (see Figure 2)
Species: 4-letter species code
Number of individuals: count
Activity Data
Observations of animal activity during periods of no disturbance and disturbance.
Time: hh:mm:ss of start of sample
Sub-Area: Zone of Great Race Rock or islet number sampled
Disturbance: indicate if a disturbance event is associated with this sample—Y=yes; N=no
Disturbance Type: (see below)
Species: birds and pinnipeds
Count: total number of each pinniped species hauled out in the Sub-Area
Heads Up: number of pinnipeds with raised heads (including ones resting in this position)
Disturbance Data
Observations of potential disturbance factors.
Disturbance type: Aircraft; Bald Eagle; Blast location (explosion in Whirl Bay, Christopher
Point, Bentinck Island); Foghorn; Helicopter; Human (1); Human (2); Human (3+); Kayak;
Pleasure Boat <6m; Pleasure Boat >6m; Lester B. Pearson College boat; Race Rocks boat;
Whale-watching (ecotour) boat (inflatable, fiberglass or aluminium); Other
Time Begin: hh:mm:ss when disturbance (or potential disturbance) factor entered the monitored
area or departed from the helipad or dock on Great Race Rock
Time End: hh:mm:ss when disturbance factor landed/docked in the monitored area, or when it
left the monitored area
Zones Entered: List all the alpha-numeric zones that the disturbance factor is present in during
the observation period (see Figure A - 1)
sampling in the Race Rocks study area.
Analysis of Census Data
Census data provide an indication of changes in animal abundance over different time-scales.
Differences between morning and afternoon census results provide insight as to how factors such
as weather, sea conditions, and disturbances affected animal abundance. Census data over the
course of the study provided an indication of seasonal trends in abundance. Line charts of total
numbers for each of the daily censuses were prepared in MS Excel 2002.
Area-wide effects were examined separately. Logistic regression was used to determine if the
difference in numbers of pinnipeds in the afternoon compared to the morning varied as a
function of tide height, swell height, and blasting on Bentinck Island. These factors were selected
because Demarchi et al. (1998) and observations during the present study identified them as
area-wide factors with at least short-term potential to influence pinniped attendance on haulouts.
Logistic regression was used because of the binomial nature of the response variable (i.e.,
increase-decrease) which was used to circumvent the fact that animal abundance at Race Rocks
naturally exhibits a large amount of seasonal variation. The binomial response variable for the
change in animal numbers (by species) was coded as: “higher” (i.e., increase or no change);
“lower” (i.e., decrease). Relative tide height (i.e., height in afternoon minus height in morning)
was coded as: 1=higher; 0=same; -1=lower. Relative swell height was coded as: 1=highest value
recorded after morning census; 0=no change throughout the day; -1=lowest value recorded after
morning census. Blasting on Bentinck Island was coded as: 1=blasting occurred that day; 0=no blasting occurred that day. Full-factorial models (i.e., all factors and all combinations
[interactions] of those factors) were run and insignificant terms (as determined by the Wald test)
were dropped sequentially from subsequent model runs until a model, (with no significant lack
of fit) containing only stable, significant parameter estimates remained or until the penultimate
run before the whole model became insignificant was reached. For these nonparametric tests
alpha was set at 0.05. The primary goal of this analysis was not to develop a predictive model for
each species, but rather to examine the significance of individual model terms in the context of
the whole model. A subset of monitoring days without blasting on Bentinck Island was selected
in order to minimize any seasonal biases since blasting did not occur throughout the year (see
Table 1). The computer program JMPin was used for these analyses. Daily changes in animal
numbers as a function of range activity and tide or swell height were summarized with boxplots
using SYSTAT V.5.02. Figure A - 2 describes the components of a boxplot.
the remaining halves in half (i.e., quartiles). Outliers consist of outside (*) and far outside values (o). Depending on
distributions and sample sizes, the resulting boxplot might not depict the median and/or whiskers. Also, depending
on the scale of the dependent (vertical) axis (not shown), when multiple boxplots are depicted in the same plot, some
boxplots can be highly compressed such that the components are not clearly visible.
Data were separately analyzed for each species in order to identify the key variable(s) affecting
the response variable. Results were interpreted according to observed magnitudes of the effects.
They were also discussed in the context of relevant literature dealing with ecological, social, and
legal issues surrounding human-caused disturbance on marine birds and pinnipeds.
Activity sample data were analyzed in several different ways in order to gauge pinniped
responses to potential disturbance stimuli. Activity was measured as the number of animals in the “heads-up” position in the sampled sub-area divided by the total number of animals in that
sub-area. Except for data on northern elephant seals which was not filtered by sample size, only
samples involving ten or more animals were included in statistical analyses. Because activity
data were proportions, they were arcsine-transformed (i.e., ASIN([x]^0.5)) prior to statistical
analysis. If variances were not homogenous according to Bartlett’s test, then the F-Ratio and
probability value from a Welch ANOVA were reported. Mean differences were compared using
the Tukey-Kramer HSD test. For these parametric data, alpha was set at 0.05. Analyses were
conducted using the program JMPin.
A one-way ANOVA was used to test for differences between the mean activity levels for the first
samples from a sub-area (usually at the beginning of the day) provided the first sample did not
correspond to a concurrent disturbance event. Data were grouped by days on which: (a) no
blasting occurred, (b) blasting occurred on Bentinck Island, and (c) blasting only occurred in
Whirl Bay. Daily samples from each sub-area were used as the sampling unit to bolster the
independence of the samples and avoid the pitfalls of pseudoreplication. The purpose was to
determine if pre-disturbance pinniped activity levels were similar for each type of sampling day.
T-tests were used to determine if activity levels of pinnipeds during samples not associated with
any kind of disturbance event were significantly different on days when blasting occurred on
Bentinck Island compared to days when no blasting occurred anywhere. Daily samples from
each sub-area were used as the sampling unit to bolster the independence of the samples and
avoid the pitfalls of pseudoreplication. The purpose was to determine if blasting significantly
elevated pinniped activity levels beyond the first few minutes of the immediate post-blast period.
Days when only the Whirl Bay Range was active were excluded due to small sample sizes.
Charts summarized the mean activity level and one standard deviation for pinnipeds according to
common disturbance factors and military training range activity.
Differences between the number of animals present in a sub-area at time = t+1 compared to
time = t provided an indication of the number of animals that left the sub-area in response to
disturbance. However, because of confounding effects and limitations in data capture, the
absolute differences cannot be directly attributed to the monitored disturbance event. Several
explanations are listed:
• Animal numbers fluctuate naturally in the absence of human-caused disturbances, hour-
to-hour and day-to-day.
• Count error increases with the number of animals present. Differences between counts
can reflect this error.
• Every animal in the study area cannot be monitored simultaneously, thus not all
individual reactions to disturbance can be recorded. This is particularly relevant to area-
wide disturbances such as blasting and over-flights by aircraft.
• Not all sub-areas are sampled repeatedly throughout any given day. However we tracked
boats as they moved throughout the study area, noting any disturbance that they might
have caused. In some cases, pre-disturbance count data were not recorded, but numbers
of animals flushed were recorded.
• Disturbance events can increase total counts in the case where animals that were
previously out of sight move to a visible part of the sub-area or raise their heads. Counts of some species such as northern elephant seals can also increase in the case where they
become “visible” after sea lions leave the sub-area. For this reason, written comments
were recorded as to whether any animals were observed to be displaced by the
disturbance. In many instances, the actual number of displaced animals was roughly
estimated.
For these reasons, there are limitations to the calculated total number of animals disturbed by
each factor. To standardize the analysis, each disturbance event was identified as having flushed
1 individual from the following species/groups: northern elephant seal, harbour seal, California
sea lion, northern sea lion, cormorants, and gulls. For each of those events, only days when 1
individual from each species/group was present during a census or at some point between
censuses and displacement was observed. Summaries of the proportion of potential disturbance
events that caused animals to leave a sub-area provide an approximation of the frequency of
disturbance.
Despite the foregoing limitations, charts summarizing these changes were prepared for
comparative purposes. Change in numbers of animals was calculated as number of animals at
time = t+1 minus number of animals at time = t (where the given disturbance occurred at time =
t+1). Note that observations at time = t were not always disturbance-free. Mean values
represented the aggregate mean of the daily mean change in numbers for individual monitored
areas by disturbance type. The maximum and minimum values of any mean change for each
disturbance type by individual area by day were calculated. The net change in number of animals
represented the sum of the mean changes by disturbance type by monitored area by day. Sample
sizes were based on the number of unique area-date combinations from which the data were
generated. For the purpose of this summary, the primary disturbance was chosen as there were
too few observations to reliably quantify interactions of disturbance types.
Logistic regression analyses were run to determine if natural factors affected animal responses to
blasts on Bentinck Island. Specifically, the number of projects in a run, tide height, swell height,
air temperature, wind speed, wind direction, sea state, cloud cover, precipitation class, and
visibility class were examined. The binomial response (dependent) variable was whether or not
any individuals (modelled by species or group) moved from land to the water or air in response
to any of the blasts within a given demolition run. Blasts that occurred on days when no
individuals were present in the study area were excluded from models involving that species or
group. It was necessary to group responses by demolition runs. The brief interval between blasts
in a run made it impractical to monitor animal responses to every individual blast. First, it often
took longer to count the animals than the time between blasts. Second, because blasts within a
run occur so close together in time, samples taken on a per-blast basis have reduced
independence. Starting with every term in the model (no interactions), models were run and
insignificant terms (as determined by the Wald test) were dropped sequentially from subsequent
model runs until a model, (with no significant lack of fit) containing only stable, significant
parameter estimates remained or until the penultimate run before the whole model became
insignificant was reached. For these nonparametric tests alpha was set at 0.050. The primary goal
of this analysis was not to develop a predictive model for each species, but rather to examine the
significance of individual model terms in the context of the whole model. Appendix 4. Total numbers of pinnipeds, gulls, cormorants, and shorebirds in Race Rocks
Ecological Reserve as counted from atop the light tower during each of the two daily censuses
for the monitoring period 6 October 2002 through 27 November 2003. Fog precluded accurate
counts on some days (see Table 1). Monitoring dates corresponding to days when blasting
occurred at one of the three ranges in WQ are indicated. Swimming or flying individuals are not
included. ELSE=northern elephant seal; HASE=harbour seal; CASL=California sea lion;
NOSL=northern sea lion; GULLS=all species of gulls; CORMS=all species of cormorants;
SHOR=all species of shorebirds.
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