Fish and wildlife in Alaska’s major watersheds are threatened by six British Columbia mines close to the Alaska border, according to a new petition that asks U.S. Secretary of Commerce Wilbur Ross to investigate the threat of acid-mine drainage, heavy metals pollution and the possibility of catastrophic dam failure originating in the Canadian province.

The formal petition, organized by a coalition of Alaskan tribal governments and conservation groups, calls for the International Joint Commission to investigate threats from B.C. mines that will continue to hang over the watersheds for centuries after their closure.

“It’s a very urgent issue and it’s important to a lot of people and their families,” Kenta Tsuda of Earthjustice, a signatory of the petition, told DeSmog Canada. “Their communities are at risk.”

B.C. experienced an explosion in mine growth under the former BC Liberal government, which expedited new project approvals under the 2011 jobs program.

The resource-rich corridor straddling the B.C.-Alaska border has been at the epicentre of new mine projects but also bears the legacy of B.C.’s old, abandoned mines, such as the Tulsequah Chief mine, which for decades has leaked acid mine drainage into a tributary of the salmon-rich Taku River.

Guy Archibald of the Southeast Alaska Conservation Council pointed to the lack of enforcement of mining regulations by the B.C. government and the scathing report last year from B.C.’s auditor general that said the Ministry of Environment could not guarantee the safety of any of the mines.

ICYMI: Public Inquiry Formally Requested to Investigate B.C.’s Shoddy Mining Rules

“For 60 years the Tulsequah Chief has been leaking acid mine drainage into a very productive salmon watershed and the B.C. government is doing nothing about this,” Archibald said.

In addition to Tulsequah, the petition names Brucejack mine, which started production earlier this year, Red Chris, Schaft Creek, Galore Creek and Kerr-Sulphurets-Mitchell (KSM), which will be the largest open-pit gold and copper mine in North America.

Ten mines in various stages of development are situated along the B.C./Alaska border and within a transboundary watershed. Source: Salmon Beyond Borders

The new petition — and a previous petition submitted to the Department of the Interior — show that B.C. mines are diminishing the effectiveness of two treaties that protect Pacific salmon, steelhead trout, grizzly bears and woodland caribou, Tsuda said.

“We think the facts that we present in the petition do invoke their duty to investigate,” Tsuda told DeSmog Canada.

The Taku, Stikine and Unuk rivers flow across the Canada-U.S. border from headwaters in B.C.’s Coast Mountains and the wildlife and salmon sustain local communities and support hundreds of Alaskan workers and their families, he said.

The International Joint Commission is the body that administers the 1909 Boundary Waters Treaty, with a mandate to investigate disputes between the two countries.

A provision of the treaty states that “waters flowing across the boundary shall not be polluted on either side to the injury of health or property on the other.”

The group’s petition has been submitted under what is known as the Pelly amendment to the Fishermen’s Protective Act that requires the U.S. Commerce and Interior Departments to investigate when other countries may be harming U.S. conservation treaties.

The amendment emphasizes the need, under international agreements, to protect habitat, but, if all the mines planned for the B.C. side of the border are developed, it will destroy fish habitat, Archibald predicted.

“We are willing to use every tool in the toolbox to enforce this — and the International Joint Commission looks pretty good versus a trade war,” he said.

Fred Olsen Jr., tribal president of the Organized Village of Kasaan and Southeast Alaska Indigenous Transboundary Commission chairman, said in an interview that awareness of threats posed by the B.C. mines is growing among Southeast Alaskans, along with frustration about the lack of action.

“Native people have relied on salmon and caribou from these watersheds for generations and communities continue to do so today. Commercial fishermen from Southeast Alaska also rely on these watersheds, catching tens of millions of dollars worth of salmon from these three river systems annually,” says the coalition news release.

The former provincial government promised the Tulsequah Chief would be cleaned up, but nothing happened and, on the federal front, hopes were high that Prime Minister Justin Trudeau would be sympathetic to environmental concerns, but that has been a disappointment, Olsen said.

“He has a Haida tattoo, but then look at the things he does. Everything you hear is either neutral or in favour of mining,” he said.

Eleven southeast Alaskan tribes have signed the petition and, over the next two months, other tribes will be asked to send letters of support, Olsen said.

ICYMI: Canada’s Environmental Fines are Tiny Compared to the U.S.

Enforcement of mining regulations in Canada needs to be tightened, according to Ugo Lapointe, Canada program coordinator for MiningWatch Canada, but there also needs to be a close look at the inadequate fines levied when there is a spill or an accident, he said.

On both sides of the border there is incredulity at the lack of charges after the Mount Polley disaster three years ago when the mine’s tailings dam failed, spewing millions of cubic metres of toxic waste and sludge into nearby waterways.

Lapointe also pointed to the recent $20,000 fine handed to Coalmont Energy Corp., a company which, in 2013, expelled 60,000 litres of mine waste into a tributary of the Tulameen River in the Okanagan-Similkameen region.

“$20,000 for dumping mining waste into a river is another pitiful environmental fine, showing the weakness of both B.C. and federal environmental laws and the enforcement regime. It is not setting a proper example for the industry as a whole,” Lapointe wrote in an e-mail.

The Narwhal’s reporters are telling environment stories you won’t read about anywhere else. Stay in the loop by signing up for our free weekly dose of independent journalism.

Six B.C. mines pose threats to Alaska’s most productive salmon rivers and should be investigated by the U.S. Secretary of the Interior, according to a coalition of conservation groups and Alaskan First Nations who are invoking legislation that says it is the Interior Department’s duty to investigate when foreign nationals may be affecting U.S conservation treaties.

A petition presented to Interior Secretary Sally Jewell suggests that B.C. mines close to the Taku, Stikine and Unuk watersheds diminish the effectiveness of two treaties that protect Pacific salmon, steelhead trout, grizzly bears and woodland caribou.

The treaties are the Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean and the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere.

The coalition of U.S. and Canadian groups, including Earthjustice, the United Tribal Transboundary Mining Work Group, Sierra Club of B.C., Craig Tribal Association, Friends of the Stikine Society and Southeast Alaska Conservation Council, are echoing a previous call by Alaska’s congressional delegation to refer the transboundary mines controversy to the International Joint Commission.

DeSmog Canada wrote a series on the transboundary tensions stirred up by B.C.’s mining ambitions last year.

Kenta Tsuda, Earthjustice associate attorney, said the petition provides another reason for the U.S. federal government to take action.

“Canadian authorities are letting these projects go ahead and the U.S. government is still waiting on the sidelines,” he said.

The six mines that the coalition says are endangering the rivers are:

– The Tulsequah Chief, which has leaked acid drainage for decades;

– Red Chris, which is owned by Imperial Metals, the same company that owns Mount Polley (where the collapse of a tailings dam sent mine waste and sludge flooding into local lakes and rivers);

– Schaft Creek;

– Galore Creek;

– Kerr-Sulphurets-Mitchell (KSM), which will tap into one of the largest gold and copper deposits in the world; and

– Brucejack.

Frederick Olsen Jr., United Tribal Transboundary Mining Work Group chairman, said it is time for Jewell to become involved in the problem as the federal government has a fiduciary responsibility to the tribes.

“The development and operation of the B.C. mines could severely impact life on the U.S. side of the border,” Olsen said.

“Already the Tulsequah Chief Mine has polluted the Taku watershed for decades.”

The petition to Jewell says all the mines involve large-scale infrastructure development and generate immense quantities of tailings and mine wastes, meaning water treatment will be required in perpetuity.

“The threats of acid-mine drainage and heavy metals pollution — not to mention catastrophic dam failures — will hang over the watersheds for centuries after the closure of the mines,” says a statement from the group.

A spokeswoman for Jewell’s office said she is aware of the situation and the petition.

Tsuda said the petition is being submitted under the 1971 Pelly Amendment, which does not define a timeline for a response, but which makes it clear the agency is required to act within a reasonable time.

“In this particular case, Secretary Jewell should respond promptly by undertaking an investigation of the six mines we describe. Not only because we believe the circumstances legally obligate the agency to do so, but also because so much is at stake for communities in southeast Alaska,” Tsuda said in an e-mailed response to DeSmog Canada.

Salmon from the rivers support local fishing businesses and First Nations.

“Commercial fishermen from Southeast Alaska also rely on these harvests, harvesting tens of millions of dollars worth of salmon from these three rivers annually. The watersheds collectively support hundreds of Alaskan workers and their families,” he said.

There have been recent precedents where the Secretary of the Interior has stepped in, such as in 2011 and then 2014 when the department concluded that Iceland’s whaling activities were undermining worldwide efforts to conserve whales and diminishing the effectiveness of the Convention on International Trade and Endangered Species. The U.S. federal government then instructed agencies to undertake diplomatic action to encourage Iceland to change its policies.

Image of Mount Polley mine disaster by Global News

The Narwhal’s reporters are telling environment stories you won’t read about anywhere else. Stay in the loop by signing up for our free weekly dose of independent journalism.

Long-held perceptions of Canada as a country with strict environmental standards and B.C. as a province that values natural beauty are taking a near-fatal beating in Southeast Alaska, where many now regard Canadians as bad neighbours who are unilaterally making decisions that could threaten the region’s two major economic drivers.

Fishing and tourism — each billion-dollar industries — are the lifeblood of Southeast Alaska, where glaciers sweep down into rivers home to five species of wild salmon and massive snow-covered peaks tower over fertile wetlands.

Tourism accounts for 10,900 jobs in the Alaska Panhandle and salmon fishing employs 7,300 people.

Air and water are the only ways into communities such as Juneau, the state capital, and almost seven million hectares, or three-quarters of Southeast Alaska, are within the Tongass National Forest, where industrial activity is limited.

But, upstream, in northwest B.C., there is a new-style gold rush with an unprecedented number of applications for open-pit gold and copper mines, some made viable by construction of the Northwest Transmission Line and all requiring road access.

Alaskan politicians, tribes, fishing organizations and environmental groups have come together in a rare show of unity to condemn B.C.’s push to approve mines close to major transboundary salmon rivers, such as the Stikine, Taku and Unuk, which run from B.C. into Alaska. Tensions are running so high the groups are asking the International Joint Commission, designed to resolve Canada/U.S. water problems, to step in.

Canada is increasingly viewed as a “bad actor,” whose record — most recently illustrated by the Mount Polley mine tailings dam collapse — shows that the province’s environmental regulations and oversight is not strong enough to protect downstream communities.

“It’s the new wild west,” said Heather Hardcastle, a commercial fisherman and co-ordinator of Salmon Beyond Borders, pointing out that, even though Alaska has nothing to gain and everything to lose, Alaskans are being denied meaningful input into mine decisions.

10 Advanced Mining Projects in Northwestern B.C.

The new mines include Imperial Metals’ Red Chris, a copper and gold mine operated by the same company that owns Mount Polley, and Seabridge Gold’s massive KSM (Kerr-Sulpherets-Mitchell) mine, 30 kilometres from the U.S border and Misty Fjords National Monument, which will open up mining of the largest undeveloped gold reserve in the world. KSM has provincial and federal environmental assessment approval and is waiting for permits.

According to B.C.’s Ministry of Energy and Mines there are 10 advanced projects in the northwest corner of B.C. and numerous others in exploration phases.

Graphic: Salmon Beyond Borders

They include Kitsault (under construction), Silvertip (provincial permit granted in June), Tulsequah Chief (construction started, but project delayed), Brucejack (Mines Act permit application under review), Kutcho and Schaft Creek (both in the environmental assessment pre-application stage).

In comparison, there are only five operating mines in Alaska, of which two are in Southeast Alaska and one of which uses dry stack tailings, the method of dealing with acid-generating mine waste favoured by the expert panel that investigated the Mount Polley dam collapse.

The Canadian system appears to aim “to get to yes fast,” without consideration of other values when it comes to resource extraction, said Jev Shelton, a commercial fisherman and former member of the Pacific Salmon Commission, the joint Canadian/U.S. regulatory body designed to protect salmon stocks.

“It is certainly triggering a fair bit of anger,” Shelton said.

B.C. Moving 'Full Speed Ahead'

The pace and scale of development is huge, said Chris Zimmer of Rivers Without Borders.

“B.C. is going full speed ahead without any brakes. It looks as if they’re trying to move as fast as they can before Alaska puts up hurdles.”

There is growing indignation that B.C. is not listening to Alaskan concerns and that additional input, promised in May after Energy and Mines Minister Bill Bennett met with Alaska’s Lieutenant Governor Byron Mallott, amounts to little more than window-dressing.

“We were a bit stunned by Bill Bennett giving us the table scraps and saying Alaska can come in at the final stages of permitting — they’re saying we will involve you when the final decision has been made to build the mine,” Zimmer said.

Alaskan Concerns Ignored

Gillnetter and fisheries consultant Lindsey Bloom agrees that Alaskan questions are being ignored.

“Since I started working on this issue, the disregard of Canadian officials towards us is concerning,” she said.

While Mallott and Bennett were meeting in B.C., a group of Alaskan tribal leaders, fishing industry representatives and environmental advocates met with high-level provincial government staff.

However, it was an exercise in frustration because of the lack of answers or acknowledgement of downstream concerns, according to several people who attended the meeting.

“We tried to explain we don’t want more say in the permitting process, we want something to put us on an equal footing with B.C.,” Hardcastle said.

B.C. government staff appeared to think their task was to explain the process instead of listening to concerns and suggestions, said several members of the Alaskan delegation.

Mallott, who is leading an Alaskan transboundary waters working group, said in an interview with DeSmog Canada, that, during their meeting, Bennett was amenable to the notion of more Alaskan involvement and he has been invited to Alaska to continue the conversation.

Staff who have looked at B.C.’s technical permitting and assessment of mines believe the rules in B.C. and Alaska are generally equivalent, said Mallott.

“But there are significant differences. Whether the entire range of environmental assessment and permitting is robust enough to protect both B.C. and U.S. and Alaskan interests is still something we all need to be made more comfortable with,” he said.

“We would want Alaskan officials at the table when decisions are made in such areas of permitting that it is possible that catastrophic events could take place.”

Mount Polley Tailings Dam Collapse Stokes Fears Downstream

The pace of development and the cumulative impacts of the mines in B.C. are alarming, but it is the failures that haunt Alaskans.

The image of 24-million cubic metres of mine tailings and waste water sweeping down from the Mount Polley tailings dam is etched into memories, but there are others such as the constant irritant of the ongoing acid drainage from the Tulsequah Chief mine.

“It underlines the Canadian government’s lack of commitment to what happens in the river,” said commercial fisherman Len (Pete) Peterson.

The copper and gold mine, near the confluence of the Tulsequah and Taku Rivers, has been leaking acid since Cominco stopped mining in 1957. Since 1989, there have been numerous remediation and pollution abatement orders from the B.C. government, but the leakage continues.

Earlier this year the province gave Chieftain Metals Corp., the latest owner, permission to re-open the mine and the company is currently trying to obtain financing. However, hurdles include opposition from the Taku River Tlingit First Nation. In an attempt to circumvent the problem, the company is proposing a barging system, instead of an access road, but that is likely to be a problem for Alaskan gillnetters.

At Johnny Mountain, close to the Iskut River, operations ceased in 1993 and the company attempted to burn and bury equipment. Although there has been some soil remediation, what threat remains of acid rock drainage from the underground operation is unclear.

“They shoved (the equipment) into the mountain and blew it up,” said miner Joe Bradley, who recently flew over the area.

The test of B.C.’s process is how it is carried out and the “real world” results, Zimmer said.

“Alaska understands the B.C. process. Where has it gotten us? Mount Polley disaster, Tulsequah Chief and five decades of acid mine drainage, renewed talk of Taku River barging, a total lack of involvement on the evaluation of the Red Chris mine, a denial of Alaska’s request for a KSM panel review,” Zimmer said.

Photo: Chris Zimmer

The Narwhal’s reporters are telling environment stories you won’t read about anywhere else. Stay in the loop by signing up for our free weekly dose of independent journalism.