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Following is a question by the Hon Wong Yung-kan and an oral reply by the Secretary for Food and Health, Dr York Chow, in the Legislative Council today (March 11):
Question:
At present, mariculturists affected by marine works projects in Hong Kong waters are eligible for ex-gratia allowances if one of the following two criteria is met: (a) the shortest water distance between the designated boundary of a sand dredging or mud disposal operation and the gazetted zone boundary of a fish culture zone (FCZ) is five kilometres or less, or (b) the concentration of suspended solids in a FCZ reaches the prescribed levels (i.e. 100% more than the highest level recorded in the zone during the past five years or 50 milligrams per litre of sea water). Given that such eligibility criteria have not been revised since December 2000, will the Government inform this Council whether it will review the eligibility criteria, such as considering extending the shortest water distance to "15 kilometres or less" and lowering the prescribed concentration level of suspended solids; if so, of the details; if not, the reasons for that?
Reply:
President,
The Administration reviewed the mechanism of granting ex-gratia allowances (EGAs) to mariculturists affected by marine works projects in Hong Kong waters in 2000. The Finance Committee of the Legislative Council in the same year endorsed the proposal submitted by the Administration to revise the basis for calculating and the eligibility criteria for EGAs. The revised eligibility criteria for EGAs are as follows:
(a) To continue adopting the existing "suspended solids" criteria approved by the Finance Committee of the then Legislative Council in 1993, i.e. if the concentration of suspended solids in the water of a fish culture zone (FCZ) is 100% more than the highest level recorded at the zone during the five years before commencement of marine works in the vicinity, or the concentration of suspended solids reaches 50 milligrams per litre of water, the licensed mariculturists operating in the zone will be eligible for EGAs; and
(b) To introduce a new "proximity" criterion applicable to sand dredging and mud disposal works, i.e. if the shortest water distance between the designated boundary of a sand dredging or mud disposal operation and the gazetted zone boundary of a FCZ is five kilometres or less, then irrespective of the concentration of suspended solids, licensed mariculturists in the zone will be eligible for an one-off payment of EGAs for the first two years of the project. EGAs may be granted again upon the expiry of the first two-year period should the concentration of suspended solids in the water in the FCZ reach or exceed the level set out in the "suspended solids" criteria because of the project.
An inter-departmental working group, comprising representatives from the Lands Department, Agriculture, Fisheries and Conservation Department, Home Affairs Department and other relevant departments will be set up where necessary to consider, having regard to the above criteria, whether the mechanism of granting EGAs should be activated to process the applications of the eligible mariculturists.
The five kilometres yardstick of the "proximity test" was derived from the general condition and data relating to marine works projects carried out since the introduction of the existing "suspended solids" criteria in 1993. During the period between 1993 and 2000, three major sand dredging projects carried out (at south of Tsing Yi, east of Tung Lung Chau and the Tathong Channel) caused the concentration of suspended solids in the nearby FCZs to exceed the level under the "suspended solids" criteria and thus triggered the mechanism of granting EGAs to the affected mariculturists. The distance between these three projects and the FCZs concerned was less than five kilometres. The Administration considered that the five kilometres yardstick of "proximity test" could provide adequate protection for the mariculturists.
In fact, since the implementation of "proximity test" criterion in 2000, there were four sand dredging or mud disposal projects meeting the criterion and EGAs were granted to mariculturists in six affected FCZs. As for the FCZs which were more than five kilometres away, the projects did not cause the concentration of suspended solids in the water to exceed the criteria or lead to the abnormal fish kills in the FCZs. Apart from the four projects mentioned above, Hong Kong has not carried out other similar large-scale sand dredging or mud disposal projects during this period. The Administration considers that the existing arrangements have already provided adequate protection for the mariculturists. As such, there is no need to revise the criteria.
As for the "suspended solids" criteria, in drawing up the criteria in 1993, the Administration has taken into account relevant scientific studies, apart from carefully considering the local species of culture fish and mariculture environment. According to the relevant scientific literature, fishes generally will not die unless the "concentration of suspended solids" reaches a really high level (i.e. several thousand milligrams or above per litre of water). If the concentration of suspended solids is just a few hundred milligrams per litre of water, only the growth and development of fish will be affected. It will only cause a mild physiological response in fish if the concentration of suspended solids is below a hundred milligrams per litre of water.
Based on the above information, it is already very prudent for the Administration to set the level of "concentration of suspended solids" at 50 milligrams per litre so as to provide adequate protection for the local mariculture industry. Given that fish may be affected due to failure to adapt to a sudden and substantial increase in the concentration of suspended solids within a short period of time (even if it does not reach the level of 50 milligrams per litre), the Administration has introduced another criterion so that affected mariculturists are eligible for EGAs if the concentration of suspended solids in a FCZ is 100% more than the highest level recorded at the zone during the five years before commencement of works in the vicinity.
The Administration has made reference to the latest scientific literature from time to time, including the two recent researches on some local culture fish species. The findings of these researches are consistent to the basis on which the "suspended solids" criteria were drawn up at the time. We therefore consider that there is no need to revise the existing criteria.
The Administration will continue to keep in view the operation of EGAs for mariculturists affected by the marine works projects in Hong Kong waters.
Thank you, President.
Ends/Wednesday, March 11, 2009
Issued at HKT 12:55
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