Pierre River Mine Project

TERRESTRIAL AENV SIRS 44 – 78
rail, Olive-sided flycatcher and Rusty blackbird), indicate when Shell will
conduct the surveys and prepare the population estimates.
Section 13.1
Response 59a Population estimates with confidence intervals for each species currently listed
under Schedule 1 of the Species at Risk Act (SARA) and current Committee on
the Status of Endangered Wildlife in Canada (COSEWIC)-listed species known
to occur in the local study area (LSA) cannot be calculated based on the surveys
conducted to date and the low numbers detected. Additional surveys to obtain
population estimates with confidence intervals within the LSA are beyond the
scope of an environmental impact assessment.
Shell has met the requirements of the Canadian Environmental Assessment Act
(CEAA), the SARA and the Terms of Reference (TOR) in assessing the effects
of the project on listed species through the assessment of wildlife indicator
species and their habitat. Neither the CEAA nor the SARA implicitly or
explicitly require that species-specific population surveys be conducted. Rather,
the CEAA requires that an assessment of the environmental effects of a project
include any change that the project may have on a “listed wildlife species, its
critical habitat or the residences of individuals of that species”. SARA requires
that, when conducting an environmental assessment, any adverse effects of the
project on the listed wildlife species and its critical habitat must be identified,
and, if the project is carried out, must ensure that measures are taken to avoid or
lessen those effects and to monitor them. Shell has done this.
The TOR require an impact assessment for wildlife, including endangered
species and species at risk, as well as a discussion of how populations may be
impacted by the project, which Shell has done. As part of this impact assessment,
the TOR specifically asks for a description of existing wildlife resources, and as
part of that description, Shell is required to discuss current field data. In EIA,
Volume 5, Section 7.3.4, Shell has provided a discussion of current field data
through the use of indicator species. Nothing in the TOR expressly precludes the
use of wildlife indicator species and, in fact, the use of wildlife indicators in
assessing impacts on wildlife, including endangered species and species at risk, is
a recognized protocol, and was recently considered by the Joint Review Panel
reviewing the Mackenzie Gas Project application. The Panel found that the use of
indicator or surrogate species for the assessment of other species, including
SARA-listed species, was an acceptable method of impact assessment and
provided sufficient evidence to enable the Panel to review the potential impacts.
Shell has conducted the appropriate studies for the indicator species in
compliance with the TOR and that information is appropriate for assessing the
impacts on listed species. Accordingly, the studies conducted for the
environmental assessment and the information contained in the EIA comply with
both the TOR and the federal statutes.
However, although Shell’s EIA provides sufficient data to assess the potential
impacts to all relevant species, including SARA-listed species, Shell has
proposed a wildlife monitoring program for the pre-development, operation and
reclamation phases of the project, which will be developed in consultation with
ASRD as described in EIA, Volume 5, Appendix 5-6, Section 6. During the
13-24 Shell Canada Limited April 2010
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