B.C. and Alaska signed a pact Wednesday designed to give Alaskans more say on Canadian mine approvals in transboundary watersheds through a high-level joint working group.

The agreement follows an unprecedented outcry this summer from Alaskan fishing groups, U.S. politicians, aboriginal and environmental groups, worried about the effect on salmon bearing rivers of a surge of mine development in B.C.’s northwest corner.

Concerns about B.C. oversight and mining rules escalated after the Mount Polley tailings pond collapse in August that sent 24-million cubic metres of mine waste, water and silt rushing into nearby lakes and rivers. A subsequent investigation concluded the spill was largely due to an inadequately designed tailings pond.

The disaster underlined Alaskan fears that a similar incident or leaching of toxic chemicals in mines close to the border could wipe out salmon runs in rivers such as the Stikine, Unuk and Taku. Outrage intensified after the B.C. government gave the go-ahead last fall to the Red Chris mine, owned by Imperial Metals, the company that also owns Mount Polley.

There are currently 10 advanced mining projects planned for near the B.C.-Alaska border. Image: Salmon Beyond Borders.

The memorandum of understanding, signed by Premier Christy Clark and Alaska Governor Bill Walker “provides for greater involvement and collaboration on proposed mine development in either jurisdiction,” says a provincial news release.

The bilateral working group will develop a joint water quality monitoring program and create opportunities for government representatives and scientists to be involved in environmental assessments and permitting on both sides of the border.

The group, which will be overseen by Alaska Lt.-Gov. Byron Mallott and B.C. Energy Minister Bill Bennett, will also come up with a program to allow groups such as Alaskan Tribes and B.C. First Nations to provide input on transboundary developments.

“This MOU provides for more collaboration and cooperation to ensure the conservation and enhancement of our shared environment,” said Premier Clark.

Read DeSmog Canada's in-depth series on transboundary mining: Transboundary Tensions: B.C.'s New Gold Rush Stirs Controversy Downstream in Alaska

Bennett, who has made two visits to Alaska over the last year, told Canadian Press that the agreement signifies a willingness to work together and “be better neighbours in the future.”

However, the agreement has infuriated members of Salmon Beyond Borders, a coalition of sport and commercial fishermen, community leaders, business owner and Tribal and First Nations representatives who say the pact is worthless because it is non-binding.

“(It) offers no visible means of holding Canada or the mining companies accountable for mitigating our losses should accidents like the one at Mount Polley occur in the region,” said Dale Kelley, Alaska Trollers Association executive director.

Salmon Beyond Borders and many other Alaskans have been pushing for concerns about upstream mining to be referred through the Boundary Waters Treaty to the International Joint Commission.

“We are very disappointed that the Governor is apparently ignoring the near consensus here in Southeast Alaska in support of federal involvement and the IJC,” said Chris Zimmer of Rivers Without Borders.

The U.S. State Department would have to refer the matter to the IJC, but, so far, there has been little federal interest on either side of the border.

Alaskan groups are also disappointed that the agreement was signed with B.C. despite being asked during the last week for input on a draft statement on transboundary mining cooperation.

“It’s hard not to feel blindsided by this news," said Salmon Beyond Borders director Heather Hardcastle.

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Image: Brucejack mine via Pretium Resources

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Promises of a closer relationship between B.C. and Alaska and more consultation on B.C. mine applications are a good start, but, so far, Southeast Alaska has no more guarantees that those mines will not pollute salmon-bearing rivers than before this week’s visit by B.C.’s Energy and Mines Minister Bill Bennett, say Alaskan fishing and conservation groups.

Bennett, accompanied by senior civil servants from the ministries of Energy and Mines and Environment, took a conciliatory tone as he met with state officials, policy-makers and critics of what is seen as an aggressive push by B.C. to develop mines in the transboundary area, close to vitally important salmon rivers such as the Unuk, Taku and Stikine.

“I understand why people feel so strongly about protecting what they have,” Bennett said in a Juneau news conference with Alaska Lt. Governor Byron Mallott.

“There’s a way of life here that has tremendous value and the people here don’t want to lose it. I get that,” he said.

But promises of a strengthened dialogue and more opportunities to comment on mine applications fall far short of a growing chorus of Alaskan demands that the issue be referred to the International Joint Commission, formed under the Boundary Waters Treaty, which forbids either country from polluting transboundary waters.

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It was a step forward to have such a high-level meeting, said Chris Zimmer of Rivers Without Borders, but it is an international issue that demands international attention.

“Increased involvement in the B.C permitting process is not a bad thing, but it is not a solution on its own. In other words, we stand firm for the need of an international solution under the Boundary Waters Treaty,” Zimmer said.

Both sides agreed the status quo cannot continue, but the question is how to move forward, Zimmer said.

“How do we move from words to real, concrete action to protect Alaska’s interests?”

Bennett did not rule out the possibility of going to the International Joint Commission, but felt it was premature and the commission should be brought in only if the province and state could not work it out between themselves, said Heather Hardcastle of Salmon Beyond Borders, a coalition of fishing, tribal, tourism and community organizations.

There was also no agreement on the question of how Alaskans would be compensated if there was an upstream spill.

“We are saying we are taking on the lion’s share of the risk and we are not receiving the benefits and there is nothing in place right now, Minister Bennett told us, to deal with liability,” Hardcastle said at a news conference following a meeting with Bennett.

“That’s just unacceptable to us that there’s nothing to compensate us for the lack of our livelihood.”

Financial assurances that Alaskans would be compensated if B.C. mining damages fisheries and water quality are needed prior to projects receiving permits, Hardcastle said.

Dale Kelley, Alaska Trollers Association executive director, said the universal theme was how to ensure no harm befalls Alaska’s fisheries.

“It was quite disturbing to hear the minister say there really is no remedy,” she said.

Both federal governments need to be involved in compensation discussions as a spill would mean a disaster on a scale that could not be handled by the state and provincial governments, Kelley said.

During the visit, Bennett agreed that B.C. should fix leakage from the Tulsequah Chief Mine, that, through a tributary, flows into the Taku River.

Decades of failed promises to fix the leakage have been a thorn in the side of many Alaskans, even though it is not known whether the mine drainage is hurting fish.

After touring the Taku River by helicopter Monday, Bennett told reporters it should be fixed.

“I think B.C is going to have to find a way to rectify it sooner than later and I think it is a most legitimate criticism of us by those folks in Alaska who don’t like it,” he said.

The Tulsequah Chief, now owned by Chieftain Metals Corp, was closed by Cominco in 1957 without acid mine drainage cleanup or site reclamation and despite numerous B.C orders, subsequent owners failed to clean up the mess. The mine was bought by Chieftain in 2010 when the company accepted the environmental liabilities and installed an interim water treatment plant.

“It’s clearly a black eye for Canada,” Zimmer said.

Solutions now, if Chieftain does not reopen the mine and get a grip on the drainage problems, are for B.C. to close down the mine properly — something likely to cost multi-millions of dollars — or to spend $4-million a year to treat the waste in perpetuity, Zimmer said.

“We are looking for very specific action to back these words up.”

Photo: Minister of Energy and Mines Bill Bennett. Credit: Province of British Columbia.

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