1.1.4 The ordinances and regulations that are relevant to dolphin conservation
include the following:-
·
Wild Animals Protection Ordinance (Cap. 170);
·
Marine Parks Ordinance (Cap. 476);
·
Environmental Impact Assessment Ordinance
(Cap. 499) and the associated TM; and
·
Protection of Endangered Species of Animals
and Plants Ordinance (Cap. 586) and its subsidiary legislation.
1.1.5 The DWP was approved by
Environmental Protection Department on 26 October 2012. However, as the reclamation works has been
completed, the approved viewing platform has to be relocated in order to have a
clear view of the waters surrounded by the silt curtains. The new viewing platform will be located near
the permanent seawall, about 50m further to the east when compared with the
previous approved viewing location. The
proposed new location for viewing platform is shown in Figure 2.
1.2.2 According to the long-term
monitoring data collected by Hong Kong Cetacean Research Project commissioned
by Agriculture, Fisheries and Conservation Department (AFCD), in the past
dolphins rarely occurred near the work site of the Hong Kong Link Road
Reclamation Works between Scenic Hill and HKBCF. In fact, during the ten-year period of
2002-12, only one sighting of two Chinese white dolphins (CWD) were made near
the work site (just to the north of Tung Chung Public Pier), and they were
generally absent in the vicinity of the work site.
1.3
Dolphin Watching Plan and Provisions for Implementation
1.3.2
Inspection
of the silt curtains will be conducted by a maintenance team of the Contractor,
while visual inspection of the silt curtains enclosed waters will be conducted
by a team of dolphin watchers who shall receive specific training.
1.3.4
A
briefing shall be provided by the trained dolphin watchers for site staff and
other relevant personnel (e.g. foremen, superintendents, and engineers)
employed by the Contractor for opportunistic scanning of CWD within the waters
surrounded by silt curtains. This is to
ensure that the area enclosed by the silt curtain can be observed from the
active works side on an opportunistic basis.
A briefing will be provided for all
site staff during induction training, and refreshment briefing will be provided
every 6 months. The briefing/training
records will be provided to Supervising Officer’s Representative (SOR) and
Independent Environmental Checker (IEC)/ Environmental Project Office (ENPO) at
monthly interval.
1.3.5
A
small vessel shall be available at all times to support the implementation of
DWP and other related activities (e.g. inspection of silt curtains,
implementing the action plan).
1.3.6
Elevated
platform which can provide clear view of the waters surrounded by the silt
curtains shall be made available as a viewing platform for the implementation
of visual inspection of the waters surrounded by the silt curtains. The new proposed viewing platform as shown in
Figure 2 is near the permanent seawall (level at approximately 6 mPD). Should other
nearer location with easy access and can provide clear view of the waters
surrounded by the silt curtains be available, it will also be considered for
use as viewing platform.
1.4.1 The layout of silt curtain is shown
in Figure 2. A maintenance team shall
conduct daily inspections of the silt curtain prior to the start of works on
each day, and monthly dive inspections on the silt curtain shall also be
conducted as agreed by the SOR.
1.4.2
The
silt curtain inspection will be carried out by a small vessel to visually
inspect the integrity of the silt curtains.
Both the inside and the outside of the silt curtains will be
inspected. If significant damage is found
during the inspection, the silt curtain shall be repaired before marine works
can be commenced.
1.4.3
In
the event of a typhoon, the silt curtain will remain deployed. Once the typhoon signal is lowered, an
immediate inspection shall be made by the maintenance team to check and repair
any damage that may have occurred as damage to the silt curtain resulting in an
opening which would allow the dolphin to enter.
No works shall commence until the post typhoon inspection has been made.
1.5
Visual Inspection of the Waters Surrounded by the Silt Curtains
1.5.2 Thereafter, frontline staff, i.e.
foremen, superintendents and engineers will look out for dolphin
opportunistically from the active work fronts within the water surrounded by
the silt curtains throughout the work period.
1.5.3 In the event of CWD being seen
within the area enclosed by the silt curtain during the morning inspection or
during the work day, all marine works shall be suspended, and the action plan
should be implemented immediately.
1.6.1 In the event of CWD being seen within the area enclosed by the silt
curtain, the dolphin watcher will report the event to the Construction Manager
immediately and all marine works shall be suspended. The Construction Manager will notify the
Environmental Team and gather the dolphin watchers readily available on-site to
watch the position of the CWD and guide the CWD leave the Site. The Construction Manager will also gather the
marine team to provide a shortest path for the CWD to leave the site.
1.6.2
One
(or more) trained dolphin watcher shall track the movement of the enclosed CWD
from the elevated viewing platform, while a small vessel will be deployed with
the second trained dolphin watcher and personnel from the marine team of the
Contractor on board. The small vessel
with the second dolphin watcher on board will be guided by the first dolphin watcher
on the viewing platform as to the CWD movements with communication through a
set of walkie-talkie or mobile phones, so that the small vessel can be
positioned to the silt curtain portion nearest to the CWD.
1.6.3
The
marine team on board will then dismantle the silt curtain to provide a 50 meter
wide opening for the dolphin to leave the enclosed area. The small vessel will guide the CWD to leave
the Site by this shortest path cleared for the CWD. The small vessel will slowly approach the CWD
in such a manner to encourage the CWD towards the opening. Once the
CWD has cleared the enclosed area, observations shall continue and works will
only resume when the dolphin(s) has been clear of the area for 15 minutes.
1.6.4
During the course of the action plan implementation,
a CWD intrusion record, including the date, time, group size, behaviour,
location and movement pattern of the CWD within the enclosed area of silt
curtain shall be recorded in details, and shall be submitted to SOR and
IEC/ENPO for reference.
1.6.5
In
the event that CWD cannot be removed from the enclosed area for an extended
period of time (e.g. 30 minutes), the Environmental Team’s dolphin specialist
should be consulted immediately, and AFCD should also be informed for the
situation.
1.6.6
Figure 3 shows the communication line of this
action plan.
1.6.7
This
action plan shall be practiced after the first silt curtain area is enclosed so
that the procedure can be fine tuned and relevant staff will be familiar with
their roles. Any changes to this action
plan shall be in consultation with the relevant management authorities.
1.7 In the Event of Injury or of
Stranded Cetaceans within the Enclosed Area
