Lummi Indian Business Council - EISs for the Proposed Gateway ...

construction and operation of the proposed and existing facilities on forage fish behavior andreproduction also needs to be evaluated along with the impacts of fugitive coal dust and spilledcoal on forage fish and associated forage fish habitat.Like all of the potential project impacts, the analysis of impacts to forage fish should specificallyconsider environmental justice and cumulative effects.5.3 Significant Unavoidable Adverse ImpactsConstruction and operation of the proposed projects will interfere with the life cycles of foragefish and preclude the ability and/or interfere with the ability of the Lummi People to exercisetheir treaty rights to fish throughout their U&A – these impacts will result in significant,unavoidable, and unacceptable interference with our treaty rights and irreversible andirretrievable damage to our spiritual values if the proposed projects are approved.6 Potential Impact: Finfish and Shellfish Habitat6.1 Issue Definition/Rationale:The marine waters at the proposed project site and the surrounding marine waters are aprimary harvest area for salmon, other finfish, and shellfish relied on by the Lummi Nation forceremonial, subsistence, and commercial purposes. These species require specific habitatconditions to ensure a sustainable, harvestable surplus. These habitat conditions includequality water that is not contaminated with hazardous materials; abundant food sources;suitable temperature, dissolved oxygen, and salinity conditions; low turbidity; cover to escapepredation; and stable substrate. Derelict gear also negatively impacts the habitat of finfish andshellfish.6.2 Extent/Geographic Scale of EvaluationImmediate AreaLocal AreaRegional AreaThe impacts of the proposed project and existing industrial development (cumulative effects)on finfish and shellfish habitat need to be evaluated. This evaluation needs to include potentialimpacts of the proposed project and existing industrial development on the physical, chemical,and biological characteristics that are essential to supporting a harvestable surplus of finfishand shellfish from this primary harvest area. This evaluation should also include the impacts ofphysical disturbances associated with the construction and operation of the proposed facilitysuch as noise, prop wash, artificial lighting, anchorage activities, and increases in derelict gearas well as the impacts of fugitive coal dust and spilled coal on finfish and shellfish habitat.Like all of the potential project impacts, the analysis of impacts to forage fish should specificallyconsider environmental justice and cumulative effects.Lummi Nation Scoping CommentsCorps Project Ref. No. NWS‐2008‐260Corps Project Ref. No. NWS‐2011‐325January 201311