8. FISHERIES IMPACT ASSESSMENT

8.1 Introduction

8.1.1 The Fisheries Impact Assessment comprises three major parts: establishment of baseline conditions, evaluation and assessment of fisheries impact following the criteria and guidelines of Annexes 9 and 17 of the EIAO-TM, and recommendations of mitigation measures where necessary.

8.1.2 Key issues of the Fisheries Impact Assessment, as stipulated in Section 3.4.10.2 of the EIA Study Brief, include but not be limited to the following:

· Pond culture

· Oyster farming

8.1.3 The assessment covers potential impacts on both capture and culture fisheries during the construction and operation of the Project.

8.1.4 The Fisheries Impact Assessment includes the following:

· description of the physical environmental background;

· description and quantification of existing fisheries activities (e.g. pond culture and oyster farming);

· description and quantification of the existing fisheries resources;

· identification of parameters (e.g. water quality parameters) and areas (e.g. breeding/spawning grounds and nursery grounds) that are important to fisheries aspect;

· identification and quantification of any direct, indirect, on-site and off-site impacts to fisheries during the construction and operation phases (e.g. loss of fish ponds/oyster beds and temporary occupied areas);

· evaluation of impacts and proposals for any practical alternatives or mitigation measures to prevent or minimize adverse impacts on fisheries; and

· determination of any need for fisheries monitoring and, if necessary, recommendations of a monitoring and audit programme.

8.2 Legislation

8.2.1 HKSAR Ordinances and Regulations which are relevant to this study include the following:

· The Environmental Impact Assessment Ordinance (Cap. 499) and the associated TM;

· Fisheries Protection Ordinance (Cap. 171) and its subsidiary legislation, the Fisheries Protection Regulations;

· Marine Fish Culture Ordinance (Cap. 353) and associated subsidiary legislation; and

· Water Pollution Control Ordinance (Cap. 358) and its supporting regulations and statements.

8.3 Study Area

8.3.1 In accordance with the EIA Study Brief, the assessment area includes 500 m from the limit of the Project site boundary and any areas likely to be impacted by the Project.

8.4 Methodology for Baseline Establishment and Assessment

8.4.1 Baseline information on the assessment area was reviewed. A review of Government and private sector reports, independent Government published literature and academic studies was undertaken to determine the existing conditions of fisheries in the assessment area, and to identify practices, areas and species of potential fisheries importance which may be affected by the Project. This review included but was not limited to the following:

· Port Survey 2006;

· Agriculture, Fisheries and Conservation Department (AFCD) annual reports and website; and

· Other relevant reports from private sectors or Government.

8.4.2 Port Survey is the most comprehensive fisheries study conduced by AFCD every few years. Different from the approach adopted in previous Port Surveys in which Hong Kong waters were divided into “Fishing Areas” of various sizes, a uniform grid was overlaid on Hong Kong’s waters for Port Survey 2006 and the fisheries related information (e.g. production, vessel number, catch value) was presented in several categories. The fisheries resources within the assessment area were evaluated based upon the information from Port Survey. The results of Port Survey 2006 are available on AFCD website.

8.4.3 AFCD’s annual reports and website provide the most updated information on the development and trend in Hong Kong fisheries. The latest annual fisheries production is also provided.

8.4.4 The validity of the information compiled during the literature review has been assessed before it is adopted into the present EIA study.

8.4.5 Impacts are assessed in the absence of mitigation. The construction and operational phase impacts on capture fisheries and mariculture have been assessed individually, then cumulatively, in combination with other existing, committed and proposed developments.

8.5 Baseline Conditions

Sites of Fisheries Importance

8.5.1 Besides the fishing grounds in Deep Bay, the oyster production area is located near the Project site and is shown in Figure 8.1. Based upon recent government aerial photos and site visit observations, within the 500 m fisheries assessment area, there are 9.1 ha of oyster beds on the mudflats about 300 m from the Project boundary and also 4 fishponds near the Project site (see Figure 8.2). No other designated or recognized sites of fisheries importance lie within the fisheries assessment area.

Capture Fisheries

8.5.2 The Port Survey consisted of an interview programme. About 36% of the local fishing fleet which accounted for all homeports (i.e. places at which local fishing vessels are based) and vessel types was interviewed. During the interviews, particulars (e.g. vessel length, type and its homeport) of the fishing vessels were recorded and information about their fishing operations and fisheries production in Hong Kong waters were collected.

8.5.3 Recent detailed data on HKSAR capture fisheries in the fisheries assessment area were taken from the latest Port Survey 2006. In this report a uniform grid of 720 ha cell size was overlaid on Hong Kong waters and the fisheries related information (e.g. production, vessel number, catch value) was presented in several categories.

8.5.4 As reported in the Port Survey 2006 (see AFCD website), the catches from Grid Cells inside Deep Bay were all ranked very low in Hong Kong (<50 kg/ha, the lowest category). These figures demonstrate that the cell in which the Project site is located is of low importance to capture fishing operations in Hong Kong. And the production is mainly contributed by small fishing vessels (<15 m in length and P4 (sampan)). There were on average fewer than 10 fishing vessels longer than 15 m operated in the vicinity of the Project site. But the small vessels (<15 m) were more common; about 50-100 nos. were recorded.

Mariculture

8.5.5 The predominant type of mariculture in Hong Kong is marine fish culture which involves rearing of marine fish from fry or fingerlings to marketable size in cages suspended from floating rafts usually in sheltered coastal areas. However, there are no Fish Culture Zones (FCZs) within the entire Deep Bay (Information from AFCD website) in which the Project site is located.

8.5.6 Oyster farming is another type of mariculture in Hong Kong. Hong Kong’s oyster farming operations occur in Deep Bay only. The oyster beds and rafts between Tsim Bei Tsui and Ha Pak Nai are also the only marine culture fisheries sites inside Deep Bay WCZ. In 2007, the production was 199 tonnes valued at $ 8 million (Information from AFCD website).

8.5.7 Though they have no direct relation with the settlement and growth of oysters, the mudflats provide a substrate for the deployment of oyster cultches. Cultches on mudflats are rearranged 2 to 3 times a year to maintain the angle favouring oyster growth. The average diameter of each oyster cultch with oysters is about 0.2 m. The spacing between rows of cultch in oyster beds is about 1 m, and the spacing between two oyster cultches is about 0.3 m. Normally it takes about three years for the oysters to mature to a marketable size (ARUP 2002).

8.5.8 In the subtidal zone, rafts are used for oyster cultivation. Most oyster rafts measure about 80 - 96 m², while some are smaller in size (about 24 m²) (ARUP 2002). The rafts are constructed of bamboo or wood poles with floats attached. Oysters are suspended from the rafts such that the oysters are above the seabed even during low tide. This system enhances the contact time period of oysters with the water and thus reduces the growth time in comparison with oysters on cultches in the intertidal zone.

8.5.9 As observed on site between November 2007 to May 2008 (a supplementary visit was conducted in July 2008 as well) and by reviewing government aerial photos between 2003 to 2007, there was no oyster rafts within 500 m distance from the project boundary, while some oyster beds (about 9.1 ha) were located on the mudflat, about 300 m from the project boundary for the nearest one.

Pond Fish Culture

8.5.10 The pond fish culture industry (either freshwater or brackish) is centred in the north-west New Territories. In 2007, the local inland ponds, covering an area of approximately 1,160 ha, produced 1,927 tonnes of freshwater fish amounting to $28 million. About 87% of the farms are engaged in polyculture (bighead carp, grass carp, common carp and silver carp in combination with tilapia or grey mullet). The remaining 13% practise monoculture of carnivorous species such as giant groupers, seabreams and spotted scat in brackish fish ponds near to the coastline. Majority of the fry and fingerlings are imported from the Mainland and Taiwan. Some of the grey mullet fry may also be caught in local coastal waters. Traditionally, fry are stocked in early spring and most fish species reach marketable size in eight to twelve months (Information from AFCD website).

8.5.11 The Project site is located near the coastal area of Outer Deep Bay. It is outside the major fish pond area in Inner Deep Bay (see Figure 8.1). There are four fishponds within 500 m distance from the Project boundary (see Figure 8.2). According to the results of field checks for the present EIA study, judged by the maintenance conditions of the pond bunds and the facilities on pond bunds (little maintained and overgrown with vegetation), the absence of aerators inside the ponds, and the conditions of the water inside the ponds (fairly stagnant and turbid), currently these four fishponds are all abandoned fishponds.

8.6 Impact Identification and Evaluation

Construction Phase - Direct Impacts

8.6.1 The Project would not encroach any intertidal or subtidal areas and thus would not directly impact capture fisheries and oyster farming. To facilitate the alignment of the new channel, however, the construction of the Project would cause a permanent loss of 0.13 ha at one of the abandoned fishponds (the one immediately to the south of Hang Hau Tsuen stream) (see Figure 7.3). Given the limited space within the Project Area and the constraints from the nearby village houses, this small fishpond loss is inevitable for the Project. More information on the channel alignment design is available in Section 2.4.34.

8.6.2 When compared with the 1,160 ha of culture fishponds in Hong Kong, the fishpond loss caused by the Project is considered to be small (i.e. less than 0.011 %). Given the fact that the affected fishpond is abandoned and small in size, the potential impacts on pond fish production in Hong Kong from this loss would be insignificant (see Table 8.1).

Construction Phase - Indirect Impacts

8.6.3 The construction of the Project might potentially pose indirect impacts on fisheries in several ways, with water quality impact being the commonest one. The major potential sources that could cause water quality impacts during the construction phase of the Project include:

· Construction site runoff; and

· Wastewater from construction activities.

8.6.4 Deterioration of marine water quality would potentially affect the fishing ground and oyster farming in Lau Fau Shan and Inner Deep Bay. But the scale of the Project is small and there is no oyster beds or oyster rafts in the immediate vicinity of the Project site. If standard site practices as stipulated in Chapter 5 – Water Quality Impact Assessment (e.g. turbid water from construction sites must be treated to minimise the solid content before being discharged.) are followed, the water impacts during construction phase could be controlled to acceptable level and the impacts on capture fisheries and oyster farming due to water impacts should be insignificant.

8.6.5 Construction site runoff and wastewater might cause water quality impacts on the surrounding fishponds as well. Although the four fishponds are currently abandoned, the pond operators/owners may opt to redevelop the fishponds for aquaculture in the future. Site runoff and wastewater shall not be allowed to discharge into the fishponds irrespective of the status of the fishponds.

8.6.6 For some fishponds in Hong Kong, the surrounding streams/water courses would be one of the water sources. However the baseline water quality survey for the present study showed that the water quality of Hang Hau Tsuen Stream is very poor (with very high COD and E. coli level, see Table 5.2). The suitability of the flow from Hang Hau Tsuen Stream for fishpond culture purposes is in doubt. Even though, adequate site drainage will be provided to ensure that site runoff and wastewater will be properly contained and treated prior to discharge into the surrounding water courses including Hang Hau Tsuen Stream.

8.6.7 The access to the four fishponds (including the affected fishpond) would not be blocked or occupied during the construction phase. The Contractor would be required under the Contract to maintain or re-provide all existing roads/accesses throughout the construction period. The construction works would be limited within the Project boundary. The majority of the existing accesses or roads around the four fishponds would not be affected, with only a small foot path on the north side of the affected fishpond would fall within the Project boundary. Vehicle access to the affected fishpond (at its eastern side) would not be affected. Though the four fishponds were currently abandoned, access to these fishponds would not be blocked during the construction if fish farming operation is to be resumed.

8.6.8 The impacted fishpond will only suffer a partial loss of 0.13 ha at its northern boundary. Water tight containment measures such as temporary sheet piling will be established along the site boundary within the direct loss area before onset of the channel construction works, so as to separate the remaining part of the fishpond from the direct loss area. The sheetpile will be sealed and water in the pond within the site boundary will be pumped out to provide a relatively dry site condition for the construction of the river channel bank. There should be no disturbance on the remaining part of the fishpond from the construction works. Though the remaining part of the fishpond would not be directly disturbed and the water quality as well as the access would be protected, thus the pond operators/owners might opt to redevelop aquaculture within the remaining part during the construction phase, this part of fishpond is however subject to a higher risk from environmental incidents (e.g. accidental leakage of silty water) during the construction phase. To take a more conservative approach, this remaining part of the fishpond (0.21 ha in size) would be considered as a temporary fishpond loss during the construction phase. Given the fact that the affected fishpond is abandoned and small in size, the potential impacts on pond fish production in Hong Kong from this loss would be insignificant (see Table 8.1).

Operational Phase - Indirect Impacts

8.6.9 As the Project would not alter the catchment area of Hang Hau Tsuen stream and the connecting drainage channel, the discharge volume from the future modified channel should not be changed. Marine water quality parameters such as salinity in the vicinity should not be changed, and therefore no impacts on capture fisheries and oyster farming are anticipated.

8.6.10 Given the nature of the Project, no disturbance on the fishpond culture operation or deterioration of the fishpond water quality during the operation phase of the channel are anticipated. After the formation of the channel and pond bund, the temporary sheetpile will be extracted by plant on the proposed channel bank top. The pond operators/owners may opt to redevelop aquaculture in the currently abandoned fishponds, including the remaining part of the fishpond, during the operation phase.

8.7 Mitigation of Impacts

8.7.1 As all the direct and indirect impacts in both construction and operation phases are insignificant, no specific fisheries mitigation measures are required.

8.7.2 Standard site practices detailed in Chapter 5 would be implemented to avoid or minimise the impacts on water quality on site. Site runoff and wastewater shall not be allowed to discharge into the fishponds irrespective of the status of the fishponds. Adequate site drainage will be provided to ensure that site runoff and wastewater will be properly contained and treated prior to discharge into the surrounding water courses including Hang Hau Tsuen Stream.

8.8 Residual Impacts

8.8.1 The residual impacts from the Project would be loss of 0.13 ha of fishpond area. As the loss is small and the impacted fishpond is abandoned, the residual impact is acceptable.

8.9 Environmental Monitoring and Audit

8.9.1 Other than the water quality monitoring programme, no specific fisheries EM&A programme would be required during the construction and operation phases of the Project. In addition to the upstream and downstream water quality monitoring stations, impact monitoring stations near the oyster beds are recommended for water quality monitoring.

8.10 Summary

8.10.1 Literature review and field visits have been conducted to establish the fisheries baseline condition of the assessment area and assessment of potential impacts conducted in accordance with the EIAO-TM requirements. The Project would cause a loss of 0.13 ha of an abandoned fishpond. Potential impacts on capture fisheries, oyster farming and pond culture in Lau Fau Shan and Inner Deep Bay are considered insignificant. No mitigation is required and the residual impact is acceptable. Other than the water quality monitoring programme, no specific fisheries EM&A programme would be required.

REFERENCES

AFCD 2008. AFCD Website. Retrieved 24 December 2008 <http://www.afcd.gov.hk/eindex.html>

AFCD 2006. Port Surveys 2006. Retrieved 24 December 2008 <http://www.afcd.gov.hk/english/fisheries/fish_cap/fish_cap_latest/fish_cap_latest_homeport.html>

AFCD 2007. AFCD Departmental Annual Report 2006-2007. Retrieved 24 December 2008 <http://www.afcd.gov.hk/misc/download/annualreport2007/eng/fisheries.html>

ARUP 2002. Agreement No. CE 39/2001Shenzhen Western Corridor - Investigation and Planning - Environmental Impact Assessment Report. Submitted to Highways Department.

Table 8.1 Construction and Operation Stage Impacts

Impact	Source	Receiver	Nature of Impacts						Severity	Mitigation Required
			Nature of impact	Size of affected area	Loss of fisheries resources/ production	Destruction and disturbance of nursery and spawning grounds	Impact on fishing activities	Impact on aquaculture activity
Construction phase
Fishpond loss	Channelisation	Abandoned fishpond immediately to the south of the stream	Permanent	0.13 ha	Yes	No	No	The fishpond area will be loss.	Insignificant	No
Fishpond loss	Channelisation	Abandoned fishpond immediately to the south of the stream	Temporary	0.21 ha	Yes	No	No	The fishpond area might potentially temporarily not available for pond culture.	Insignificant	No
Marine water quality deterioration	Site runoff and wastewater	Oyster farming area and fishing ground in Deep Bay	Temporary	In the vicinity	No	No	No	No	Insignificant	No specific fisheries mitigation required. Only standard site practices
Fishpond water quality deterioration	Site runoff and wastewater	Four abandoned fishponds in 500m distance	Temporary	Four abandoned fishponds	No	No	No	Potentially affect the pond culture if aquaculture in the abandoned ponds is resumed	Insignificant	No specific fisheries mitigation required. Only standard site practices
Stream water quality deterioration	Site runoff and wastewater	Streams / water courses as potential water sources for pond culture (including Hang Hau Tsuen Stream).	Temporary	In the vicinity	No	No	No	Potentially affect the pond culture if the flow from the stream is used as water source when aquaculture in the abandoned ponds is resumed	Insignificant	No specific fisheries mitigation required. Only standard site practices
Disturbance to pond culture operation	Blockage of road access	Four abandoned fishponds in 500m distance	Temporary	Four abandoned fishponds	No	No	No	Access to the four fishponds would not be blocked or occupied.	Insignificant	No specific fisheries mitigation required. The Contractor would be required under the Contract to maintain or re-provide all existing roads / accesses throughout the construction period
Operation phase
Marine water quality deterioration	Surface runoff	Oyster farming area and fishing ground in Deep Bay	Permanent	In the vicinity	No	No	No	No	Insignificant	No