Legislature(2015 - 2016)BELTZ 105 (TSBldg)
10/12/2016 10:00 AM House FISHERIES
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| Audio | Topic |
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| Start | |
| Presentation(s): Transboundary Issues | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON FISHERIES
October 12, 2016
10:00 a.m.
MEMBERS PRESENT
Representative Louise Stutes, Chair (via teleconference)
Representative Jonathan Kreiss-Tomkins (via teleconference)
Representative Dan Ortiz
Representative Charisse Millett (via teleconference)
MEMBERS ABSENT
Representative Neal Foster
Representative Bob Herron
Representative Craig Johnson
OTHER LEGISLATORS PRESENT
Representative Cathy Munoz
Representative Sam Kito
Senator Dennis Egan
COMMITTEE CALENDAR
PRESENTATION(S): TRANSBOUNDARY ISSUES
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
BARBARA BLAKE, Special Assistant
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Presented transboundary issues, as an
invited speaker.
RICHARD PETERSON, President
Central Council Tlingit & Haida Indian Tribes of Alaska
(CCTHITA)
Juneau, Alaska
POSITION STATEMENT: Presented transboundary issues, as an
invited speaker.
FREDERICK OLSEN, JR., Tribal Vice President
Organized Village of Kasaan
Chair, United Tribal Transboundary Mining Work Group
Kasaan, Alaska
POSITION STATEMENT: Presented transboundary issues, as an
invited speaker.
KIRSTEN SHELTON, Project Manager
McDowell Group
Juneau, Alaska
POSITION STATEMENT: Presented transboundary issues, as an
invited speaker.
DAVID CHAMBERS, PhD
Professional Geophysicist
President, Center for Science in Public Participation
Bozeman, Montana
POSITION STATEMENT: Presented transboundary issues, as an
invited speaker.
CHIP TREINEN, Vice President
Southeast Herring Conservation Alliance
United Fishermen of Alaska (UFA)
Fish Farm and Environmental Committee
Anchorage, Alaska
POSITION STATEMENT: Presented transboundary issues, as an
invited speaker.
DANIEL SCHINDLER, PhD, Professor
School of Fisheries and Aquatic Sciences
University of Washington
Seattle, Washington
POSITION STATEMENT: Presented transboundary issues, as an
invited speaker.
BEV SELLARS, Chief
Xat'sull First Nation
Chair
First Nations Women Advocating Responsible Mining (FNWARM)
Soda Creek, British Columbia
Canada
POSITION STATEMENT: Presented transboundary issues, as an
invited speaker.
JACINDA MACK, Council Coordinator
Secwepemc Nation
Member
First Nations Women Advocating Responsible Mining (FNWARM)
Soda Creek, British Columbia
Canada
POSITION STATEMENT: Presented transboundary issues, as an
invited speaker.
HEATHER HARDCASTLE, Director
Salmon Beyond Borders
Co-Owner, Taku River Reds
Douglas, Alaska
POSITION STATEMENT: Testified on transboundary issues.
JILL WEITZ, Campaign Manager
Salmon Beyond Borders
Douglas, Alaska
POSITION STATEMENT: Testified on transboundary issues.
GUY ARCHIBALD, Coordinator
Mining and Clean Water
Southeast Alaska Conservation Council (SEACC)
Juneau, Alaska
POSITION STATEMENT: Testified on transboundary issues.
JACKIE PERRY
Meyers Chuck, Alaska
POSITION STATEMENT: Testified on transboundary issues.
DORIS CELLARIUS, Affiliate
International Union for the Conservation of Nature
Prescott, Arizona
POSITION STATEMENT: Testified on transboundary issues.
DAVID PERRY, Commercial Fisherman
Meyers Chuck, Alaska
POSITION STATEMENT: Testified on transboundary issues.
ERIC FORRER
Juneau, Alaska
POSITION STATEMENT: Testified on transboundary issues.
CHRISTINE NIEMI
Douglas, Alaska
POSITION STATEMENT: Testified on transboundary issues.
LUKE BROCKMANN
Auke Bay, Alaska
POSITION STATEMENT: Testified on transboundary issues.
KATHRIN MCCARTHY
Juneau, Alaska
POSITION STATEMENT: Testified on transboundary issues.
LARRY WEST, Naturalist
Boat Company
Juneau, Alaska
POSITION STATEMENT: Testified on transboundary issues.
LAURA STATS
Juneau, Alaska
POSITION STATEMENT: Testified on transboundary issues.
MEREDITH TRAINOR, Executive Director
Southeast Alaska Conservation Council (SEACC)
Juneau, Alaska
POSITION STATEMENT: Testified on transboundary issues.
BRETT COLLINS
Juneau, Alaska
POSITION STATEMENT: Testified on transboundary issues.
MELANIE BROWN, Member
Naknek Tribe
Juneau, Alaska
POSITION STATEMENT: Testified on transboundary issues.
MARGO WARING
Juneau, Alaska
POSITION STATEMENT: Testified on transboundary issues.
MARC WHEELER, Owner
Copa Coffee Café
Juneau, Alaska
POSITION STATEMENT: Testified on transboundary issues.
ANN FULLER
Juneau, Alaska
POSITION STATEMENT: Testified on transboundary issues.
CHRIS MILLER, Commercial Fisherman
Member, Juneau Douglas Alaska Department of Fish and Game
Regional Advisory Committee
Juneau, Alaska
POSITION STATEMENT: Testified on transboundary issues.
EMILY FERRY, Deputy Director
Southeast Alaska Conservation Council (SEACC)
Juneau, Alaska
POSITION STATEMENT: Testified on transboundary issues.
ELIAS FERRY, Elementary School Student
Juneau, Alaska
POSITION STATEMENT: Testified on transboundary issues.
JON WARRENCHUCK, Senior Scientist
Oceana
Juneau, Alaska
POSITION STATEMENT: Testified on transboundary issues.
JAMES SCHRAMEK, Hydrologist
Wrangell, Alaska
POSITION STATEMENT: Testified on transboundary issues.
JOEL JACKSON, Vice President
Organized Village of Kake
Kake, Alaska
POSITION STATEMENT: Testified on transboundary issues.
AARON ANGERMAN, Tribal Administrator
Wrangell Cooperative Association
Spokesman, Stikine Tribe
Wrangell, Alaska
POSITION STATEMENT: Testified on transboundary issues.
KEVIN MAIER
Juneau, Alaska
POSITION STATEMENT: Testified on transboundary issues.
SHAYNE GUTHRIE, Student
University of Alaska Southeast (UAS)
Metlakatla, Alaska
POSITION STATEMENT: Testified on transboundary issues.
BEN KIRKPATRICK, Habitat Biologist
Haines, Alaska
POSITION STATEMENT: Testified on transboundary issues.
ACTION NARRATIVE
10:00:00 AM
CHAIR LOUISE STUTES called the House Special Committee on
Fisheries meeting to order at 10:00 a.m. Representatives Stutes
(via teleconference), Millett (via teleconference), and Ortiz
were present at the call to order. Representative Kreiss-
Tomkins (via teleconference) arrived as the meeting was in
progress. Also present were Representatives Munoz and Kito and
Senator Egan.
^PRESENTATION(S): Transboundary Issues
PRESENTATION(S): Transboundary Issues
10:03:08 AM
CHAIR STUTES announced that the only order of business would be
a presentation of transboundary issues followed by invited and
public testimony.
10:04:28 AM
BARBARA BLAKE, Special Assistant, Office of the Lieutenant
Governor, directed attention to the committee packet, and the
statement of cooperation ["APPENDIX I to the Memorandum of
Understanding and cooperation between the State of Alaska and
the Province of British Columbia executed November 25, 2015 by
the Honorable Bill Walker, Governor of Alaska and the Honorable
Christy Clark, Premier of British Columbia Between The State of
Alaska Departments of Environmental Conservation, Fish and Game
and Natural Resources And The Province of British Columbia
Ministries of Environment, and Energy and Mines"]. This
statement of cooperation (SOC), she said, was developed over the
last 18 months based on the feedback from the engagement of
numerous entities including: stakeholders, tribal
representatives, federal, and state officials. The SOC provides
specific directives, which include: collection of baseline
water quality data on transboundary waters and development of a
joint monitoring program to help identify any future changes in
water quality or ecosystem health; development of joint
opportunities with British Columbia (BC), Canada, to facilitate
the participation of all state, federal, and tribal entities in
the permitting and environmental review process of transboundary
projects; ensure that the state, federal, tribal and public
entities have access to current information on the environmental
performance of closed and operating mines, as well as other
significant commercial developments, in transboundary regions;
engage with British Columbia (B.C.) to address issues of
broader concern to include government oversight of the design
and maintenance of tailing facilities. The signing of this
document, she stressed, represents the beginning point for this
ongoing, collaborative work. The Office of the Lieutenant
Governor acknowledges the necessity to hold further meetings,
such as today's hearing, to further the effort. To that end,
regularly scheduled, monthly meetings are being held to address
the provisions set forth in the agreement. She reported that
Lieutenant Governor Byron Mallott has committed continued
support of other efforts that are involved with the protection
of Alaskan water quality, as related to the protection of the
transboundary rivers, including initiatives that are area
specific.
10:08:21 AM
RICHARD PETERSON, President, Central Council Tlingit & Haida
Indian Tribes of Alaska (CCTHITA), said this issue relates on a
personal level as many tribal members track their historic
lineage to specific rivers and share a concern for the
headwaters of the watersheds from which they sustain their
customary and traditional ways of life. He said it is a
collective concern, encompassing the existence of all Southeast
Alaskan residents, indigenous and not, who depend on the water
resources. The rivers provide an economic as well as spiritual
sustenance. Currently the state is in an economic pinch and all
of Southeast, and parts of the Gulf of Alaska, depends on being
able to harvest the seafood spawned in the watersheds of this
region. He acknowledged that tourism also provides jobs and a
host of opportunities. The recent Mount Polley mine tailings
breach, endured by the Canadian counterparts of Alaska's
Natives, has tribal members terrified that it will happen here.
Such an occurrence would preclude the Natives, and others, from
sustaining their historic way of life, he stressed, and
characterized the devastation the British Columbia (B.C.) mine
breach created acquainting it to the detonation of an atomic
bomb. The same company, using the same design for retention of
tailings, is operating in Alaska's Southeast region. Any
development that poses the risk of such a high level of
destruction is not an activity that many can support, he opined,
and offered that his stance is typically pro-development.
However, the stakes are too high and a failure, on the scale of
Mount Polley, would decimate the fishing industry and our way of
life in Southeast, he stressed. The Central Council of the
Tlingit and Haida Indian Tribes of Alaska (CCTHITA) has taken
the lead for monitoring the river systems through funding
provided by the Bureau of Indian Affairs (BIA). Concerns exist
due to the state not stepping up to the plate to obtain baseline
monitoring, which is crucial information to be gathered. The
central council has hired an environmental consulting firm and
gathers data on a monthly basis from a number of watersheds.
The state should assume the leadership of this endeavor, he
suggested. The CCTHITA recently hosted a number of meetings to
facilitate interactions between U.S. and Canadian tribal leaders
in Ketchikan and Juneau. During the course of the meetings,
CCTHITA lodged a request with the U.S. Environmental Protection
Agency (EPA) to match the BIA funds, supporting the continuation
of the baseline water analysis research. He cited the
International Treaty to Protect the Salish Sea [Vancouver, BC,
Canada, September 21, 2014] as a ground breaking example of what
could be used as a model to protect Southeast. Mr. Peterson
voiced the need for state to invoke actions including: taking
an instrumental position in water quality monitoring; take
measures for protecting endangered salmon runs; strengthen
working relations between agencies; and acknowledge/champion the
need to honor the Native's government rights. He shared an
anecdote to illustrate the dismissive actions he recently
encountered during meetings with industry officials regarding
the condition of the Unuk River. He pointed out to them that
the CCTHIA has identified a depletion of salmon stocks on the
Unuk River, and considers the run to be in great danger. The
officials appeared to be frustrated with the questions and
concerns posed by the Alaskan tribal leaders. When questioned
about a specific salmon run, the dismissive response was that
the run is strong on the Canadian side; despite the Unuk being a
shared watershed. "It's all the same water," he pointed out.
The signing of the statement of cooperation (SOC) is a first
step, he stressed, and expressed optimism for having the
document refined and honed through continued input. He
underscored the need for the tribal sovereign government to be
recognized as a peer of other government entities, not as
stakeholders. He recounted the various connections that the
CCTHIA is cultivating with tribes of the immediate area, to
strengthen relationships, as well as meetings in Washington,
D.C., to unite with the First Nations Tribal Assembly. He
expressed specific concern with the SOC stating that,
economically, the B.C government has everything to gain and
Alaska nothing. The negative economic impacts that would need
to be shouldered by Alaska, in the event of a mining
catastrophe, could be huge, as well as the socioeconomic costs
to the future generations of Alaskans, he finished.
10:20:22 AM
REPRESENTATIVE MUNOZ inquired about the amount of funding being
provided by the BIA, and whether it is being provided in the
form of a multi-year commitment.
10:20:28 AM
MR. PETERSON responded that the BIA has made contributions on a
year to year basis, not as a multi-year contract, and funding
has been in the neighborhood of $80,000 to $100,000, annually.
He offered to provide further details to the committee.
10:21:43 AM
FREDERICK OLSEN, JR., Tribal Vice President, Organized Village
of Kasaan, Chair, United Tribal Transboundary Mining Work Group,
commented on the current economy and stock market and how there
is an illusion of the current lifestyle and standard of living.
Companies are driven to do better and better every year, which
is not sustainable, he opined. In reality, we live in a
pristine, temperate rainforest, where the tribes have lived
their way of life for thousands of years and never considered
they owned the land, but rather co-exist in a way with the
animals, while also acting as stewards. The Natives are now
akin to the canaries that were once used in the coal mines, and
stated as follows:
We are singing for our survival. Meanwhile as we're
speaking, right this second, the Tulsequah Chief mine
[British Columbia, Canada, at the confluence of the
Taku and Tulsequah Rivers] continues to pollute the
Taku River watershed.
MR. OLSEN continued that we live at a time of transition to
either move toward the future and live in dome cities and eat
pills for food, he predicted, or awake from the illusion and
take a different approach. Figuring it out may not be easy, but
neither was going to the moon and "people without cell phones
went to the moon," he said. Approach matters, he offered. When
President Ronald Reagan removed the solar panels from the White
House it was a major event that was probably not covered by the
news media; however, our world is much different now from that
small action. Similar to approach, words matter, he continued.
If something carries the moniker of a "tailings storage
facility" it merits different attention and is treated
differently than a lake of poison that's held back by sand.
Mount Polley had a lake of poison held back by sand, which was
supposed to last forever but failed in less than 20 years.
Equivalent retention engineering is what is being used/proposed
at other Canadian mining facilities that are many times larger
than Mount Polley. The frustration of being downstream from
these large scale mines has brought the majority of Southeast
Alaskan's to rally in opposition. However, the real fight is
being waged across the border and it is important to unite with
Canadian counterparts, who are also adverse to such development.
Mr. Olsen said efforts to prop-up the failing oil industry is
futile, opining that oil is old news and represents an industry
in decline. He conjectured that patents for electric vehicles
have been bought by controlling entities, which will only
release the patents when their companies have benefited from the
sale of the last cup of oil. The issue is not a Native issue,
but rather a human health issue, requiring intervention and
assistance from the state legislature. He posed rhetorically,
"Is our way of life, our very lives, just a cost of doing
business; is this what we've come to?" It's important to
identify who it is that supports mining which uses these methods
on this scale, he stressed and suggested that advocates are
people bought and paid for by the industry, as well as outsiders
to the region who would be unaffected by the consequences of a
failure. Such people may only be in the area for the 50 year
life of the mine, whereas the generational populace will
continue to live with the outfall for hundreds of years. Nor do
these supporters have constituents to which they must answer.
He acknowledged that a popular illusion exists that mining jobs
are the primary/only economy available in the area, which is not
true. Further the illusion extends that being against a
particular mine, for whatever reasons, acquaints to being
against all mining. Again, he assured, this is not accurate and
such accusations need to be dispelled. A 2012 Canadian
statistic, indicates that for every $1 million invested in the
oil and gas development, 2 jobs are created, but for the same
investment in clean energy 15 jobs are created. Recalling the
Mount Polly disaster, he noted that it's unfathomable to
consider not being able to harvest fish, but for the people of
that area getting no fish is a reality that will continue into
the foreseeable future. An independent panel, convened
specifically to address the disaster, provided an official
directive that business as usual should not be allowed to
continue. However, within one year the Mount Polley mine has
resumed full operations and the lake of poison may have breached
a second time, due to a recent rain storm, he reported. He
pleaded for the legislature to assist in obtaining an
International Joint Commission (IJC) referral. The IJC acts as
the governing body for the [International Boundary Waters Treaty
Act, R.S., c. I-20, s. 1; January 11, 1909], agreed to and
signed by the U.S. and Canada to address this exact type of
issue and ensure that the two federal governments would work
together. The most familiar aspect of the named act (Act) is
Article IV, dealing with harm, or potential harm, inflicted by
one party on the other. Today's hearing is focused on potential
harm, however, harm has already occurred with the Tulsequah
Chief mine. Continuing, he said Article IX allows that, from
time to time, these articles may require review. Alaska has
never been a party of an IJC referral, he pointed out, and
suggested that, given that it's hundred years-plus since the Act
was signed, perhaps it's time for Alaska to be referred to, and
receive oversight from, the commission. Although some might
refer to this as federal overreach, he opined that such a view
should be considered code for "the polluters or the people that
are looking the other way because they have some interest in
this mine." He suggested that federal under-reach is actually
occurring and recalled the severe pollution that resulted in the
river fire [Cuyahoga River, Cleveland, Ohio, 1969], despite the
fact that rivers don't typically catch fire, and resulted in the
passage of the [Clean Water Act]. We need the federal
government to uphold its fiduciary trust responsibility to its
tribes but also to attend to the very health of all its
citizens. The statement of cooperation (SOC) is nice, he said,
but stressed that this is an international situation. The SOC
agreement is limited in scope, he cautioned, and offered the
analogy of a community forming a neighborhood watch but
understanding that there is still a need to have police.
10:37:20 AM
MR. OLSEN pointed out that a myth also exists that up-front
financial assurances will provide a level of protection to
assure a good end result, but no amount of money can reclaim a
lost way of life. He queried whether the Last Frontier isn't
something to protect, versus paving over. He beseeched the
committee to figure out the transboundary mining issue stating:
There's two kinds of Alaskan's: there's Alas-kans,
and there's Alas-kan'ts. And I believe ... that the
majority of good people are Alas-kans, and we figure
it out. We don't look for a way over ... [ph] over in
Alaska and we can't do that. No, we're an Alas-kan,
and we do it. ... [The transboundary issue is] not
going away, it's going to get bigger and bigger and
bigger. ... It's not when will a disaster happen,
but rather how bad. ... For the Native people it is
not about fish and eating calories, it's about this
fish, from this river, caught by these people, in this
way, and prepared in a certain manner that has been
done for centuries by our people. I would never sell
you this [held up a jar of personally canned salmon],
I might give this to you, but I would never sell this;
this is our way of life.
10:39:38 AM
REPRESENTATIVE ORTIZ highlighted the recent rededication of the
Tribal Long House, in Kasaan, as an exceptional, notable event
for the community.
10:41:09 AM
KIRSTEN SHELTON, Project Manager, McDowell Group, reviewed a
commissioned report, contained in the committee packet, titled
"Economic Impact Analysis, Southeast Alaska Transboundary
Watersheds, Executive Summary," dated October 2016, prepared for
SalmonState, by the McDowell Group. The study encompassed the
Taku, Stikine and Unuk River watersheds with a preliminary
analysis of the Nass and Skeena Rivers, which, although not
transboundary rivers, also impact Southeast Alaska. She offered
the caveat that healthy eco-systems are more valuable than the
economic impacts that can be ascribed to them, thus the study
does not measure intrinsic values or non-user values, but is
limited to the economic activities connected to jobs, labor, and
indirect and induced impacts as money flows through the
communities in the region. Additional challenges also came into
play in formulating the report, such as crediting the
appropriate watershed for spawning an untagged fish, or
activities that tend to overlap all areas such as tourism, and
other economically supported endeavors. Given these
restrictions, she said the best available data was utilized to
produce some insights into the significant economic impacts for
the region.
10:43:18 AM
MS. SHELTON paraphrased from the a slide to present the bullet
point review of the economic findings related to the Taku River
watershed, which read as follows [original punctuation
provided]:
Fishermen receive an annual average $1.9 million in
ex-vessel value for harvests of Taku River salmon.
An average $4.2 million in first wholesale value of
Taku River salmon is processed in Southeast annually.
Taku River Chinook and coho salmon are responsible for
an average $2.7 million in sport fishing-related
expenditures.
Approximately $80,000 worth of Taku River salmon is
harvested annually in the personal use fishery.
Hunting expenditures total $65,000 on average in
annual spending for hunting in the watershed.
Visitor industry activity tied to the Taku River
watershed generates an estimated $16 million in
visitor expenditures annually.
The City and Borough of Juneau receives an annual
average of $55,000 in tax revenue from private
property in the watershed.
MS. SHELTON continued that the Taku River watershed contributes
about $33 million to the economy of Southeast, with a labor
value of approximately $13 million.
10:44:12 AM
MS. SHELTON paraphrased from the a slide to present the bullet
point review of the economic findings related to the Stikine
River watershed, which read as follows [original punctuation
provided]:
Commercial fishermen are paid an annual average of
$2.1 million in ex-vessel value for Stikine River
salmon.
Seafood processors generate an average $3.5 million in
first wholesale value annually processing and
packaging Stikine River salmon.
An average $4.2 million per year is expended on sport
fishing for Stikine River Chinook and coho salmon.
An average $100,000 worth of Stikine River salmon is
harvested annually in the personal use fishery.
Hunters spend an annual average of $200,000 hunting in
the watershed.
Tours in the watershed and watershed-associated
visitor industry activity in Wrangell generate an
average $1.2 million in expenditures by visitors to
the Stikine River.
Private property in the watershed accounts for
approximately $15,000 in tax revenue each year to the
City and Borough of Wrangell, Alaska.
MS. SHELTON stated that the Stikine River represents an economic
footprint of roughly $13 million, income from labor of nearly $6
million, and that over 100 jobs are associated with the river.
She pointed out that many more residents may earn a portion of
their annual income based on work that can be attributed to the
river.
10:45:11 AM
MS. SHELTON pointed out that the Unuk is unique to the other two
watersheds, being more isolated, but certainly significant. She
then paraphrased from the a slide to present the bullet point
review of the economic findings related to the Unuk River
watershed, which read as follows [original punctuation
provided]:
Fishermen are paid an annual average $460,000 in ex-
vessel value for Unuk River salmon harvests.
An annual average $890,000 in first wholesale value is
attributable to Unuk River salmon.
Sport fishing for Unuk River Chinook and coho salmon
generates $880,000 in sport fishing-related
expenditures annually.
Hunters spend an annual average of $13,000 on hunting
activity in the watershed.
The visitor industry generates an average annual
$6,300 in visitor expenditures associated with the
watershed.
The Ketchikan Gateway Borough benefits annually from
an average $11,000 in property tax revenue from Unuk
River watershed private properties.
MS. SHELTON summarized, stating that the Unuk River watershed
contributes about $2.5 million to the economy of Southeast.
10:45:46 AM
MS. SHELTON provided a slide to summarize the economic impact of
the three systems combined, across all sectors, to state that
the total average annual employment is 400, the total labor
income is approximately $20 million and the overall economic
activity totals $48 million. However, the value of the
watersheds, she stressed, relies on the renewability of the
resources. Managed appropriately, this economic value will
continue in perpetuity. Thus, an extrapolation was made to
project the value over 50 years and $1.2 billion could be
realized from the three watersheds combined. In response to
Representative Ortiz, she said the full report is available at
the McDowell Group website.
10:49:00 AM
DAVID CHAMBERS, PhD, Professional Geophysicist, President,
Center for Science in Public Participation, said that mining
activities pose a number of potential environmental impacts that
vary from a de minimis scale through an entire spectrum that
includes cumulative impacts on water quality. The ultimate
impact is a tailings dam failure. He explained that he and a
colleague have been studying historical data; information that
government agencies have not routinely tracked or compiled. The
scope of the report covers tailing dam failures from 1936
through the present, and he directed attention to the study
handout, contained in the committee packet, titled "GAPS IN THE
NEW (2016) CODE REGULATING TAILINGS DAMS IN BRITISH COLUMBIA."
The intent of the undertaking has been twofold: to identify
means to prevent future failures; and to provide compensation
and mitigation measures for the losses incurred by any future
failures. The first of two data analysis slides, contained in
the handout, titled "Increasing Severity of TSF Failures
Globally 1936-2015," provided a bar graph plotting the number of
failures during that span of time, as well as to indicate the
severity. The second slide, titled "Active TSF Failures (N=125)
By Mode," provided a bar graph to illustrate the causes of the
failures, as well as the severity. After a detailed analysis of
the data, he summarized the findings from each graph
respectively, stating:
Although we're seeing the total number of accidents
decrease, those two serious categories are still
increasing at a relatively constant rate. ... With
the exception of erosion and to some extent
structural, it's all pretty much the same ... You
really can't point your finger at any one failure
mode, ... there are a number of them, [and] basically
all of them are significant. What that says to us is
that there's some more fundamental issue going on here
with these failures. We can't just say, "Well, people
don't know how to design them for earthquakes or
erosion."
10:57:25 AM
DR. CHAMBERS referred to the seminal report on the Mount Polley
tailings storage facility (TSF) breach, conducted and compiled
by what has been deemed the expert committee. He opined that
several profound findings have surfaced from the report. First,
tailings dam fail at a rate approximately 10 times that of water
supply reservoir dams. There is no technical reason for this to
happen, as a dam is a dam regardless of what it is retaining, he
said, and suggested the possibility of fundamental flaws in the
engineering plans. The second finding is that safety, not
economics, should be the primary consideration in tailings dam
design and operation. It is apparent, he said, that economics
clearly drives the design and operation of tailings dams, which
is in contrast to the safety first approach used as the primary
design and driving mechanism for the operation of water supply
dams. "We just can't afford not to take this recommendation
forward," he stressed, and said:
Basically, the way the system works is a company will
say ... "I've got $40 million to build a dam; you
build the best dam you can build me for $40 million."
When the real question or approach should be: "We
want to build a dam in this spot, what's it going to
cost us to build a safe dam in this position." That,
unfortunately is not the way it's done.
DR. CHAMBERS presented the report that he and his colleague
published, earlier this year, titled "Root Causes of Tailings
Dam Overtopping: The Economics of Risk & Consequence, Lindsay
Newland Bowker & David M. Chambers," to present the major
conclusions. First, the number of catastrophic TSF failures is
increasing at a constant rate, because more large TSFs are being
built and operated by companies under financial stress, with
economic drivers dictating production/expense level decisions.
The increased failing rate parallels the increase in
developments designed to extract from low grade ore bodies,
requiring more and bigger tailings impoundments. The research
found that, worldwide as of 2010, the failures have cost the
public about $600 million per year. It is important to note, he
said, that there is no required funding mechanism, other than
owner responsibility, in place to cover the cost of catastrophic
failures; government requirements are non-existent, although the
U.S. imposes restrictions on the operation of supertankers and
pipelines. Thus, a precedent for requirement has been
established, but has yet to be applied to mining operations.
11:01:37 AM
DR. CHAMBERS turned to the handout page titled, "The Cost of
Catastrophic Tailings Dam Failures," which contains updates to
include the failure at Mount Polley, as well as to update the
dollars values to 2014 levels; values that equate to 2016
levels. He pointed out the $543 million associated with Mount
Polley, and stated that, thus far, there is no indication that
businesses or First Nations have been compensated for the
impacts they have experienced from the disaster. To illustrate
the concerns held for Alaska, regarding the British Columbia
(B.C.) developments, he provided a map titled, "Southeast Alaska
Transboundary Watersheds with Large-Scale Mining Activities,"
keyed to indicate projects that are either proposed, undergoing
environmental review, under development, or currently
operational. The New Polaris Tulsequah Chief, Big Bull, and
Brucejack are traditional, underground mines that have been
operating in the watersheds and are extracting relatively high-
grade ore. He described the other mines shown on the map as low
grade copper mines, which require processing of large volumes of
ore bodies. Further, he pointed out that copper mines
inherently have acid drainage problems. Thus, these types of
mines propose novel risks for the transboundary river areas and,
given the historic performance of copper mines and the sheer
size of the operations, it's extremely critical to require
stringent management practices. He directed attention to a
picture of the Red Chris TSF, taken this year, illustrating the
scope of the facility and the dam area, to state that it was
designed by the same engineers of the Mount Polley dam. It is
designed to remain wet, with water on it, in perpetuity, because
it's retaining acid generating material. The wet closure is
used to minimize the probability of acid drainage. However, the
Mount Polley expert review panel clearly stated that no wet
closures should be employed and alternatively advised the
practice of perpetual treatment. If the Red Chris dam breaches,
the water will flush all of the retained liquids out, just as
happened at Mount Polley. A dry facility breach would result in
a landslide, offering the possibility for recapturing the
contents. Finishing, he stressed the need to have compensations
in place to cover a catastrophic accident, as well as taking
every advance measure to avoid a failure. There is no real
compensation for the damage that will occur, but by having
financial mitigation levels in place, the companies may be
motivated to follow appropriate engineering practices. Alaska
should also be requesting that B.C. follow best practices for
these developments, which are still lacking despite the recent
revisions of the B.C. codes, as demonstrated by the Red Chris
closure.
11:08:32 AM
CHAIR STUTES said the prospect of what can happen is very
disconcerting.
REPRESENTATIVE MUNOZ asked how the impacts of the Mount Polley
breach are being managed by the Canadian government.
DR. CHAMBERS responded that the clean-up has attempted to remove
a portion of the tailings. However, the damage to the local
environment is extensive and, to his understanding, untreated
water is being discharged into the watershed.
11:10:03 AM
CHAIR STUTES clarified that the $543 million, reported as the
clean-up costs at Mount Polley, does not take into consideration
the economic factors of the area, and asked for an inclusive
estimate.
DR. CHAMBERS responded that an inclusive estimate would range
into the billions.
11:11:32 AM
REPRESENTATIVE ORTIZ noted that, under review, the wet storage
design has been advised against, and yet the Red Chris and other
proposed developments are utilizing that design without
correction/intervention. He asked for clarity whether the wet
storage engineering results in a much higher rate of failure
than others.
DR. CHAMBERS responded that the rate of failure may not be
entirely due to the wet storage, as much as the lack of safety
factors engineered into the design, which he stressed, should be
mandated and insurable.
11:14:30 AM
CHIP TREINEN, Vice President, Southeast Herring Conservation
Alliance, United Fishermen of Alaska (UFA), Fish Farm and
Environmental Committee, paraphrased from a prepared statement,
which read as follows [original punctuation provided]:
Currently I reside in Anchorage, but I began my
fishing career as a deck hand on a crab boat nearly
forty years ago out of Representative Stutes home town
of Kodiak. Since that time, I've fished a variety of
species, gear types and areas in Alaska from
[Southeast (SE)] to Bristol Bay. I presently hold
salmon seine permits in Kodiak and SE, a salmon drift
permit for Bristol Bay and herring seine permits in
multiple areas.
For those of you who are unfamiliar with the
organization, UFA is an umbrella group that consists
of 37 fishing organizations as well as individual
members who fish in state and federal waters off of
Alaska's coasts. Members participate in nearly all
types of fisheries and operate in vessels that range
from skiffs to factory trawlers. I've been on the
Board of Directors of United Fishermen of Alaska (UFA)
since the early nineties and presently chair UFA's
Fish Farm and Environmental Committee whose
responsibilities include water quality issues such as
those related to mining development, operation and
regulation. Eleven of UFA's member groups represent
salmon fisheries in Southeast Alaska that are partly
dependent on salmon habitat in the rivers of British
Columbia. Many of the other groups at the UFA table
also rely on SE salmon fisheries and have a stake in
maintaining healthy habitat for salmon in
transboundary watersheds. For example, crab boats and
crews that tender Bristol Bay salmon in the early
summer end up in SE for the peak harvests.
Consequently, UFA has been long engaged in the effort
to minimize risk to salmon stocks from transboundary
watershed mining development. UFA letters are
included in the packet and can be referenced to note
our position and request to elevate the issues to the
Boundary Waters Treaty and to engage with Canada
through the International Joint Commission (IJC).
First of all, thanks go out to Representative Stutes
and the rest of the committee for holding this hearing
and allowing the public to express their concerns
about proposed mining developments across the border.
It is gratifying to note that the Walker
administration has prioritized the issue and that Lt.
Gov. Mallott has engaged with officials in British
Columbia to address the risks to Alaska. And, it is
especially gratifying to see that that [U.S. Senator
Lisa] Murkowski has been incredibly responsive to
UFA's concerns on these Transboundary watershed mining
issues and has gone directly to [U.S.] Secretary of
State [John] Kerry several times now and that [U.S.
Senator Dan] Sullivan and [U.S. Representative Don]
Young have also signed on to a letter to Secretary of
State Kerry urging him to take action on this issue
through the IJC.
On a personal note, I was living in Kodiak and had a
salmon seine operation in 1989 when the Exxon Valdez
ran aground in Prince William Sound. During that
summer, the Kodiak salmon fishery was cancelled.
While some vessels worked on oil cleanup and others
fished in un-oiled areas, there was a great deal of
social and economic disruption that has taken years to
overcome. The market impact reached through all of
Alaska's salmon fisheries. Our salmon were viewed by
consumers as oil-tainted just when many farmed salmon
operations were coming online to fill the void. It
took years and sustained marketing efforts by [the
Alaska Seafood Marketing Institute (ASMI)] and others
to overcome the setback and fallout from the oil
spill. Then, when the legal dust cleared nearly
twenty years later, the jury verdict was reduced to a
tenth of the original amount--the immediate lesson
being that the legal system can't be relied on to
protect fishermen or mitigate damages. The underlying
moral of the story is that an "ounce of prevention is
worth a pound of cure". The utmost care needs to be
applied when developing these transboundary mining
projects in order to minimize downstream--Alaska--
risks.
Thank you again, Chairperson Stutes and the House
Fisheries Committee, for holding this hearing and
providing the opportunity to testify. I hope this
testimony and that of others will encourage this
committee, the rest of the legislature and the
administration to support elevation of this issue to
the State Department so that binding agreements can be
made through the Boundary Waters Treaty and the IJC.
I believe that this is the best way to promote due
diligence on the part of mine developers, operators
and regulators to assure the safest mine development
and operation possible. UFA will continue to press
for action that will protect fishermen, communities
and the state from both catastrophic and cumulative
effects of transboundary watershed development.
11:22:20 AM
DANIEL SCHINDLER, PhD, Professor, School of Fisheries and
Aquatic Sciences, University of Washington, outlined his work on
the science of Alaska's watersheds, utilizing data that has been
collected since 1946. The goal is to understand how to best
assess and quantify the workings, characteristics, and points
for protection of salmon producing waters. The transboundary
watersheds represent a vast and interconnected ecosystem for
Southeast Alaska, ranging from the open Pacific Ocean to the
estuaries, rivers and headlands. These waters connect the
habitat as they flow from the mountains to the ocean, the fish
connect the habitat as they return upstream, and people make the
connection moving in both directions. The economic value of the
Southeast Alaska fisheries is estimated at over a billion per
year. Although the entire fishery is not at risk due to the
transboundary mining, it's important to note that the investment
required to realize the current economic return is less than one
percent; a huge profit margin. Thus, the stakes are
economically high, as well as high with regard to the intrinsic
total worth of the ecosystems. He provided slides, available in
the committee packet, of three samples from Bristol Bay to
illustrate the important characteristics of the sockeye salmon
returns and habitat relationships, which are at the fore in
assessing risks to fisheries. Considerations include the
hierarchy of the fish habitat, where the fish dwell during their
life span, and how their need to return to the specific, various
tributaries where they were spawned. It is important to include
considerations of the habitat, not only on a large and small
scale for each of the rivers, but on a very fine scale as well,
to encompass the long term impacts on the health of fish. The
first slide provided a graph of the salmon returns to the
Bristol Bay watersheds for the last 50 years. Per year returns
are not necessary comparable, he explained because a poor run in
one system is compensated for by increased runs in other,
related systems. That is, he stressed, the returns wax and wane
independently but the value of each system should not be
diminished due to the variance of a given years contribution.
The overall performance of each river is what creates a
sustainable fishery. The Nushagak is one of the poorest studied
watersheds, and yet supports one of the biggest Chinook salmon
returns in the world. One of the outstanding questions revolves
around being able to determine what tributaries or portions of
the Nushagak system produce salmon. The salmon are caught
primarily in the same estuary where they all begin their
upstream journey, but mapping their final spawning point has
presented a difficulty. The answer has been found in the
otoliths. By removing this ear bone and using a laser to map
its chemistry make-up and matching it to the chemistry of the
water where the fish was spawned. The scientists can then
create a map of the watershed to illustrate the salmon
incubation areas, he said, and directed attention to the map,
provided in the packet, titled, "Chinook Salmon Production in
the Nushagak River." He pointed out the highlighted spawning
areas of the salmon spanning a number of years. The river is a
mosaic of ever shifting habitat for these salmon. In order to
protect the abundant fisheries the entire watershed network
requires protection, he stressed. As a final example, he
directed attention to a tiny stream supporting coho and sockeye
salmon. The coho remain in the stream for two years, prior to
exiting for their maturing years in the ocean. While in the
stream, their primary diet is dependent on availability of
sockeye salmon eggs. He provided an image of Bear Creek,
labeled "2008: PIT tag antenna arrays," to discuss the movement
of coho smolt between the warm and cold water areas of the
stream to feed and facilitate digestion. The movement covered
miles each day and illustrates the importance of the habitat
variations required for healthy development of the fish.
Applying this consideration to the transboundary rivers it is
necessary to keep in mind the variance in temperature required
for the watershed to be productive. The image of Mount Polley
provides an indelible image of the catastrophic effects that a
mine can create. However, it's also important to keep in mind
the death of the habitat and watershed by one thousand cuts.
The infrastructure necessary to support a large scale, open pit
mine, prevents a river from being able to express the variances
and options in the habitat necessary to support healthy fish
stocks. He projected a picture of the Chena River, near
Fairbanks, Alaska, [available in the packet] to point out how an
unimpeded river carves serpentines throughout the landscape,
thus creating habitat with the necessary variances for rearing
salmon. The illustration shows a highway built across the
serpentines area, altering the ability for the river to continue
to migrate across the landscape, as well as impeding the ability
for fish to access critical rearing areas. He pointed out that
bridges or culverts may have been provided, but the salmon
population will be effected. It's necessary to consider what is
at stake, he underscored, and to ask what are the risks,
including the cumulative effects of the necessary infrastructure
to support the mines, and pointed out that tailings dams will be
present forever. The Boundary Waters Treaty (Act, previously
cited) was created as a mechanism for fair and credible
assessment. British Columbia has a conflict of interest in
participating in a risk assessment of these projects, he opined,
and the treaty [via the International Joint Commission] should
be invoked to avoid that conflict.
11:35:29 AM
BEV SELLARS, Chief, Xat'sull First Nation, Chair, First Nations
Women Advocating Responsible Mining (FNWARM), said, as Chief of
her community when Mount Polley breached, she found the British
Columbia government to be very difficult to deal with in the
aftermath, and especially difficult regarding topics of mining
concerns. Premier Christy Clark, despite major objections from
indigenous peoples and the general public, has pushed to open a
number of new mines and expand others. The B.C. government has
documented nearly 2,000 abandoned mines, many leaching chemicals
into the environment, and yet they still support new
developments. She called for B.C. to clean-up what exists prior
to allowing any new developments or expansions. She reported
having challenged mining executives to consider mining garbage
dumps, prior to furthering development of pristine areas, and,
to her surprise, they agreed. The Fraser River is home to her
community but has been on the endangered list for many years due
to the pulp mines and mineral mines being allowed to dump their
waste into the river. Historically, the river was magical when
the fishing season returned and the fish-camps were a social,
cultural hub, she recalled. However, 30 years ago changes
settled in and the salmon runs waned. When the community
leaders reported the decline to the B.C. government they were
informed it was a normal occurrence. As traditional fisherman
of the area, however, the elders knew it wasn't natural. She
said she has refrained from eating Fraser River fish for 15
years, and any she has seen are infested with worms and aren't
edible. The loss of the rivers fishing tradition is also a
cultural loss for generations to come. Knowing that B.C. is
allowing the development of transboundary river mines, causes
her to have concern for Southeast Alaska. The traditional
territory of her People is covered by mining claims, both large
and small scale. Many salmon runs are already nonexistent
having been completely wiped out. Following the Mount Polley
disaster she said:
We had to chase down the government and mining company
to demand what was going on. And it was a struggle
and a hard fought battle ... to get a memorandum of
understanding (MOU) with the B.C. government. Even
with that [MOU], ... we still had to chase them down
for information. And then they wanted us to sign a
confidentiality agreement about Mount Polley. Before
we signed the MOU they said, "Well, you have to sign a
confidentiality agreement." And we said, "No ... the
public has a right to know what's going on at Mount
Polley." ... Our communities ... had to fight to
even get water for the community of Likely. ...
Originally water was supplied, after the breach, ...
for only about a week, and then they said everything
was fine, "Oh, the water is good, it's OK to drink."
And yet it was a God awful color. ... Over the major
objections of both indigenous communities, the Mount
Polley mine has now fully reopened.
CHIEF SELLARS reported that the MOU the tribe signed with the
province has proven to be meaningless. She recommended, based
on her lifelong experience dealing with the B.C. government,
that Alaska obtain a solidly written, country to country
agreement, and strongly cautioned against putting trust in the
provincial government of B.C. The International Joint
Commission (IJC), would be the best route, she opined.
Politicians need to think in terms of seven generations ahead,
she suggested. The First Nations are continually accused of
slowing the economy or preventing development of jobs, but as
Natives we're fighting for everyone's grandchildren, including
those of the people who are mining at the expense of the
environment. There are two economies that are clashing, she
pointed out and said:
One grows and walks on the land, and swims in the
waters. This is the economy that has sustained
generations in this land, and hopefully will continue
to sustain all of our grandchildren. And the other
economy; where the profit is the bottom line. ...
That's a dangerous economy when there are no safe
guards in place.
CHIEF SELLARS reported having attended a meeting, in Lima, Peru,
with representatives of indigenous people from ten South
American countries. A tribal chief of an indigenous tribe in
Equator shared how his community had been offered a "ton of
money" to allow a mine to be put a mine in and he told the
mining company, "You eat your money soup, and we'll eat our
banana soup, and we'll see who survives."
11:44:28 AM
JACINDA MACK, Council Coordinator, Secwepemc Nation, Member,
First Nations Women Advocating Responsible Mining (FNWARM),
opened with a quote from Lila Watson, an aboriginal Native of
Australia, who said:
If you have come here to help me, you are wasting your
time. But if you have come because your liberation is
bound up with mine, then let us work together.
MS. MACK said that's why we're here, because our long term
health and environment and way of life is dependent on healthy
clean watersheds, healthy land, and healthy air. The way of
life, and dependence on the land is a primary concern and
commonality of the Southeast and British Columbia (B.C.)
indigenous tribes and the public. The area impacted by the
Mount Polley breach is the birthing waters of the areas salmon
and one of the largest nurseries for the watershed. Within the
watershed, the Fraser River comprises many tributaries and other
systems. To say that "we're all downstream" couldn't be more
applicable, she stressed, and praised the efforts shown by
Southeast Alaskans to protect the transboundary rivers, which
has provided a motivational interest among the tribes and
residents of B.C. The rapid declines in the fisheries near her
community are evident, and she reported having witnessed the
fishery, once alive with thousands of salmon, decimated to
virtually nothing. In her lifetime she has witnessed the demise
of this once huge, healthy, viable, salmon, river. She
translated her tribes name as People of the Water, and said that
traditionally the root of every girls name was the Native word
for water to represent how women, like the water, are givers of
life. That connection with the water is integral to their
Native culture identity and responsibility to the land. She
echoed Chief Sellars' call to protect the watershed for future
generations. She underscored the effects of the aftermath of
the Mount Polley breach, stating that the losses are being
absorbed by the communities with enormous socio-economic and
cultural impacts. Further, altercations have arisen due to the
need for some Peoples to relocate, no longer to inhabit their
historic, tribal locales due to the compromised environment.
MS. MACK expressed dissent regarding the inevitability of
mining, and that there is nothing that can be done. Contrary to
this commonly held idea, she said there is much that can be done
to prevent a catastrophic disaster, such as Mount Polley. The
connection that the transboundary rivers create between
Southeast Alaska and B.C. provides an opportunity to unite
around the responsibility for using every available tool to
protect the environment. The International Joint Commission
(IJC) is needed, she said, and agreed with the auditor general's
written report calling for the provincial leadership of B.C. to
be removed from its position of conflict as the mining
industries self-appointed, self-monitoring agency. The province
lacks laws requiring a disaster plan and financial assurances.
Thus, the disaster at Mount Polley established a precedent,
which is to implement an adaptive management and assume a
"figure it out as we go" approach. Such an approach is not good
enough, she stressed, and called for legally binding measures to
hold B.C. and the mining companies accountable. Canadian mines
around the world have been committing environmental crimes for
many years, she proclaimed. Further, she pointed out that the
indigenous tribes of B.C. inhabit an unenviable locale where
they've had to deal with mining since the 1860's. British
Columbia is essentially the mining capital of the world, and her
community lives in the heart of that area, thus, the residents
will be continuing to deal with the issues of what is
essentially an on-going gold rush. Mount Polley continues to
operate, using the same tailing facility that failed, while
reparations have yet to be made to the effected communities.
She finished, stressing that these actions indicate the need for
international intervention.
11:51:36 AM
CHAIR STUTES commented that the issue warrants conversation,
then announced a lunch recess until 12:45.
11:52:21 AM
The committee took a recess from 11:52 a.m. to 12:50 p.m.
12:50:28 PM
CHAIR LOUISE STUTES called the House Special Committee on
Fisheries meeting back to order at 12:50 p.m. Representatives
Stutes (via teleconference), Ortiz, and Kreiss-Tomkins (via
teleconference) were present at the call to order. Also present
were Representative Kito and Senator Egan.
12:51:49 PM
HEATHER HARDCASTLE, Director, Salmon Beyond Borders, Co-Owner,
Taku River Reds, said, foremost to any other tasks, her
personal, primary responsibility is to protect the salmon runs,
thus, sustain her home and ensuring fish and opportunities for
the generations to come. Salmon Beyond Borders is not
attempting to stop development, stop mining, or be disingenuous
toward another country, she assured, it's simply an effort to
make sure that these rivers remain sustainable long into the
future. As the downstream recipients of any outfall, Alaska
doesn't stand to benefit from the developments and, thus, has no
seat at the table to discuss the proposed projects and ensure
that best operation practices are being followed. She said it
is tiresome and demoralizing that, after three years of effort,
little progress has been made to have these discussions, and yet
the British Columbia (B.C.) mining projects are continuing to
move along at an accelerated pace. The discussion today
provides a ray of hope and carries the message that Alaskans
must keep speaking out with one voice. It is not hyperbolic, or
extreme, to ask that the U.S. government go to bat for Alaska.
The Canadian government also needs to be engaged to create
enforceable binding protections that extend to B.C. and Alaska.
These are world class, globally significant watersheds, as well
as our home. The state of cooperation (SOC) signed last week is
one step in the process, but it is not the "end all be all," and
such an impression should be suppressed. The SOC was signed by
Lieutenant Governor Byron Mallott and the Honorable Bill
Bennett, Minister of Energy and Mines and Responsible for Core
Review. She paraphrased a recent quote from Mr. Bennett, which
read as follows:
We've proven [by] this agreement, and all [the] work
we've done over the last three years, that there's no
need for the International Joint Commission. Neither
B.C. nor Alaska want, [nor] need, to get their
respective federal governments involved in a situation
they can manage themselves.
MS. HARDCASTLE reported having met with Mr. Bennet many times,
and respectfully offered that his statement is "flat out
inaccurate." Alaska is not at all giving the impression, or has
the intent, for the SOC to be indicative that the issue is being
handled by the state and B.C. The management of the
transboundary rivers are an international issue and the only way
to handle the situation jointly is via binding enforceable
protections that will be formed through international
agreements. The International Joint Commission (IJC) referral
is the next best step, an action that Alaskans have been
requested over the last three years, as well as testified to
here today. She urged the committee to impose their power to
listen to Alaskans and influence the administration to that end.
12:58:46 PM
JILL WEITZ, Campaign Manager, Salmon Beyond Borders, reported
that transboundary river concerns have gained support and
unified Southeast residents ranging from fishermen and tribal
leaders to business owners and tour operators throughout the
region. Over 12 municipalities and 15 of 19 federally
recognized Native tribes have joined the effort. Additionally,
Salmon Beyond Borders has received over 7,000 letters from
Alaskan residents and public entities requesting the involvement
of Alaska's Congressional Delegation and the federal government,
in order to address the issue on an international level. She
expressed appreciation for the recent accomplishments made by
the Walker administration and the signing of the statement of
cooperation (SOC); however, apprehensions exist due to the poor
track record held by British Columbia (B.C.) [regarding mining
oversight], which is well documented and easily researched. The
transboundary river issue is an international problem and
requires international solutions, she stressed, and maintained
that the stakes are too high for Alaska to remain on the
periphery and depend primarily on the SOC for protections.
1:02:08 PM
GUY ARCHIBALD, Coordinator, Mining and Clean Water, Southeast
Alaska Conservation Council (SEACC), offered a comparative
perspective on the Kerr-Sulphurets-Mitchell mine proposed on the
Unuk River and the local Green's Creek mine operating in Hawk
Inlet. The recent update on the Kerr-Sulphurets-Mitchell mine
proposal describes an operating level with an extraction rate of
400,000 tons of ore per day from several open pit mines on the
same project. The Greens Creek mine averages about 2,400 tons a
day. Prior to the expansion proposal, the Unuk River operation
called for the treatment and release of 119,000 gallons of waste
water per minute into the river. The waste water will be, in
some constituents, over 100 times the aquatic life criteria. It
basically calls for turning that section of the Unuk River into
a large mixing zone. As the reports of catastrophic disasters
to date indicate, these mines represent a significant threat.
He reiterated the statement made by Dr. Shindler that the death
of a watershed is caused by one thousand cuts. Systems are
fairly resilient to an occasional large, disruptive impact,
which is how the salmon runs have remained at high levels
despite natural seismic and volcanic activities around the
Pacific Rim. Nature's response to a phenomenal disaster is to
rebound at a stronger level in preparation for the next
occurrence. This is similar to the human body. When a person
breaks a bone or tears a muscle, the healing response creates a
stronger bone or larger muscle mass. The most damaging action
to a watershed is a constant, insidious, low level stress
causing continuous erosive effects. Again, it is not unlike the
human body under continual stress. The nervous and digestive
systems will eventually display the degradation. He said
scientists cannot explain why certain regional salmon runs are
currently declining or are in absentia. It's a good bet, he
opined, that the reason is not one identifier but a combination
of many things. Adding the stresses of these mines to these
watersheds could be the straw that breaks the camel's back, he
cautioned, and requested that the legislature pass a joint
resolution to specifically request an International Joint
Commission (IJC) referral be made by the U.S. Department of
State. The Congressional Delegation has been clear in this ask,
but the Executive Branch has been less so, and suggested that a
clear message from the legislative body is in order. Finally,
he said there are 273 transboundary waterways throughout the
world and up to 40 percent of the world's population lives in a
transboundary basin. Dozens of treaties, compacts, and
agreements exist between nations, including indigenous nations.
Thus, learning models exist and opportunities are available, for
Alaska to draw upon and establish enforceable governmental
standards.
1:06:49 PM
JACKIE PERRY described the semi-subsistence life style that she
enjoys in Myer's Chuck, accessible via boat when weather
permits, about one hour from Thorne Bay and the nearest store.
The healthy waters provide the seafood which is the main dietary
staple of the area. She expressed concern for the continued
health of the watersheds to allow her son and future generations
to live a similar life style, and urged the legislature to take
steps to engage the U.S. government in an effort to do all that
is possible to protect the waters.
1:08:46 PM
DORIS CELLARIUS, Affiliate, International Union for the
Conservation of Nature, recounted that she recently learned
about the Canadian supported, mining operations, and how they
pose a pollution threat to the waters and salmon of Southeast
Alaska. She echoed the sentiments of the previous speakers who
have urged the state to engage the U.S. Department of State and
obtain a referral to the International Joint Commission (IJC) in
order to obtain enforceable protections. The testimony is
shocking, she said, to hear how the Native communities have lost
their salmon, the collusion of the mining companies to not
mitigate or clean up sites, and the lack of response by the
Canadian government. It is apparent that Alaska must lead the
way and get the IJC involved to create strong, acceptable
standards. As a resident of Arizona, she said she enjoys eating
healthy Alaska salmon products and cares about the people living
along the rivers who depend on a subsistence life style.
1:12:13 PM
DAVID PERRY, Commercial Fisherman, described the the area of
Meyer's Chuck where he lives. He said he fishes the salmon runs
provided by the Unuk River to the south and the Stikine River to
the north, with contributing salmon stocks from the Bradfield
Canal. He said he depends on Alaska's elected officials to
pursue and protect these watershed resources and work with the
government of British Columbia (B.C.), via the U.S. Department
of State, and ensure that these huge projects are engineered to
perfection to avoid a catastrophic result. Meyer's Chuck has
historically provided important fish products to the U.S. since
it was founded and the future for that activity needs to be
protected. He urged the committee to take hold of the situation
and consider its magnitude.
1:14:52 PM
ERIC FORRER recalled his years working in Alaska as a commercial
fisherman, which included working on the Exxon Valdez oil spill
[March 24, 1989] clean-up effort. He considers the fish and the
rivers to be his spiritual home and said traditionally the King
salmon is the symbol of life, as it connects the environment and
nutrients of the deep oceans to the trees that live on the
mountains. There is no species of plant or animal which does
not benefit from the presence of the King and other salmon, he
said. The genie in the bottle of the transboundary mines is the
chemistry and physics of mining, he opined. Once the land is
broken, no power, technology, or litany of corporate promises
will be able to rectify the devastation. The question is not
can it be done responsibility but whether the price of the
inherent loss is worth the economics of the mines. As the
downstream recipients of any negative fallout, and with British
Columbia (B.C.) as the beneficiaries, the loss is not worth it
to Alaska. An instructive case is that of the Faro open pit
mine [Yukon Territory, Canada]. By using the corporate veil
technique, the companies ensured that the clean-up of the mine
rested entirely in the hands of the Canadian public, with
initial costs expected to run into billions of dollars and
follow-up costs estimated at about three million per year for
500 years, as reported by a Yukon news source. Transboundary
mines often result in major losses to big development, or result
in losses that are analogous with killing the goose that laid
the golden egg, as can be witnessed in the loss of salmon based
ecologies from Sacramento [California], to the Yukon. The
Pacific Coast north from Sacramento once hosted runs of King
salmon that ran in the millions, now reduced to a remnant few
thousand. Further, the Yukon River may be a current
illustration of transboundary river issues, considering the
discovery of how minute amounts of heavy metals affect the
survival rates of salmonids. The Faro's 40 year history of
dumping heavy metal waste into the Yukon drainage makes the mine
a suspect in the ongoing mystery of the decline of salmon
productivity in the Yukon. He urged the committee to defend the
ecology and culture of Alaska's rivers. On a human time scale,
mining is for the moment and fisheries are forever, he
emphasized.
1:18:30 PM
CHRISTINE NIEMI said Alaska has been her home since 1976, and
described her extensive family and their dietary reliance on the
availability of Alaska seafood. She noted the existence of an
abandoned mine on the Taku River which has yet to have anyone
step forward and take on the responsibility for correcting the
polluting effluent that is leaching into the river.
Additionally, Mount Polley has resumed operations despite their
unsafe practices. She reported that, when living in Spokane
[Washington], restrictions were placed on the consumption of the
natural inland sockeye runs. Although it was deemed harmless if
consumed only once per month, it raises the question of why
anyone would want to consume it at all. A mine in Butte Montana
left a poison lake that is deadly to migrating birds.
Historically, mining corporations enter an area, make money on
the resource, eventually abandon the site, and leave the expense
and effort of cleanup to the public. Alaska cannot afford to
lose its fisheries. She stressed the need to have a binding,
enforceable agreement between the U.S. government and the
Canadian government and urged the legislature to pursue that
goal.
1:20:58 PM
LUKE BROCKMANN recounted the role that salmon have played in all
aspects of his life growing up in Southeast Alaska. Even today,
as a young adult, everything in his life, he said, revolves
around salmon and salmonids. "These mines scare me, and they
scare me a lot," he said, and stated his hope of one day running
a guided, sport fishing business on the Taku River or possibly
commercially fishing the drainage. However, if the Tulsequah
Chief, or the other proposed mines, go into effect and
experience failures similar to Mount Polley, all fisheries on
the river will come to a screeching halt. People rely on these
rivers for food and support, he stressed, and Canada is putting
these fishery resources at risk now and for future generations.
He expressed that he does not take this issue lightly and urged
the legislature to do whatever is possible to "make sure that
our rivers do not go the way of the Fraser. Long live salmon,"
he finished.
1:24:17 PM
KATHRIN MCCARTHY reported having worked on various environmental
issues in Southeast Alaska, since she moved here in 1965, and
offered her first impressions of arriving and viewing the
Mendenhall Glacier area. Since that time, the glaciers have
visibly receded, which she acquaints with climate change issues,
and might also effect the health of the salmon runs. Continuing
to allow and accept the need for large scale, open pit, ore
mines means there will continue to be huge tailing disposal
sites. Viewing the video of the Mount Polley mine disaster,
watching a sea of toxic waste gush into Canal Lake, and hearing
the minister talking about mitigation and clean-up procedures
was enraging, she said. There is no means to clean-up and
reverse the deadly effects of a spill on that magnitude, ever,
she predicted. The Red Chris mine is being proposed by the same
company that built Mount Polley, utilizing the same design.
Alaska must use every resource to block the permitting and
operation of these proposed transboundary mines, she finished.
1:30:24 PM
LARRY WEST, Naturalist, Boat Company, paraphrased from a
prepared statement, which read as follows [original punctuation
provided]:
Thank you for considering Alaskans' concerns regarding
mines in the headwaters of transboundary rivers, their
current impacts on downstream marine life, and the
threats they present to subsistence for Alaska
residents and to the health of our economy.
Only a few major rivers that originate across the
border in British Columbia flow through the Coast
Range into Southeast Alaska. They are the largest,
most important freshwater systems in our region. Each
carries all five species of salmon and provides
habitat for the region's greatest diversity of flora
and fauna.
Open-pit and underground mines already operate in the
headwaters of the largest of these rivers, the Taku
and the Stikine, and additional mines are envisioned
or under development in others. Recent toxic waste
escapements that resulted in catastrophic impacts to
similar watersheds in southern British Columbia, and
nearly 60 years of toxins still leaching from a closed
mine in the Taku headwaters - a mine that developers
are seeking to reopen - call particular attention to
the dire need to create binding international law that
ensures the short- and long-term health of Alaska's
waters and riparian and marine habitats.
There are many examples of cooperative, binding
international agreements that prevent the degradation
of watersheds worldwide. One glaring exception is
North America, and it's time for that to change. It
must change or Southeast Alaska faces a significant
threat not only to residential quality of life, but to
the region's most important industries, fishing and
tourism. The United States and Canadian federal
governments, the State of Alaska and the Province of
British Columbia must secure enforceable environmental
and financial protections for our transboundary
rivers.
Thank you for representing us, your constituents, in
this matter!
1:33:45 PM
LAURA STATS praised the important scientific information
provided by the invited witnesses: [Dr.] Schindler's expertise
on what is necessary for the growth of salmon in perpetuity; and
[Dr.] Chamber's clear picture of the risk that mining companies
pose through unsafe practices. The First Nation's speakers,
[Chief] Sellars and Ms. Mack, shared their firsthand experience
dealing with the mining companies and the public's inability to
bring forward any litigation, she reminded, and stressed the
importance for committee members to note these facts. The
Southeast is at a critical point in time to save the salmon
runs, she opined, and referred to specific points chronicled in
the book [KING OF FISH: The Thousand-Year Run of Salmon by
David R. Montgomery, Westview Press, 2003], expecting that each
member has received and read the distributed copies. Finishing,
she urged the committee to contact the U.S. Department of State
to solicit national support, acknowledged the work taken up by
Lieutenant Governor Mallott, expressed support for a referral to
the International Joint Commission (IJC), and stressed the need
to advocate strongly on behalf of preserving healthy salmon
stocks in Southeast.
1:38:48 PM
MEREDITH TRAINOR, Executive Director, Southeast Alaska
Conservation Council (SEACC), reported on her previous ten-year
tenure working in British Columbia (B.C.) as a manager of a
mineral reform campaign focused on slowing the expansion of
mines situated on the Alaska-Canada border. She emphasized the
points testified to by [Chief] Bev Sellars and Jacinda Mack,
regarding the B.C. government's stance and the predisposition of
Premier Christy Clark to continue the development and expansion
of open pit, mega mines. In the spring of 2013, Premier Clark
released a B.C. jobs plan that was focused on opening or
expanding, 17 new or existing mines. Construction has since
begun on 8 of those mines and 7 existing mines have received
expansion approvals. She expressed appreciation for the work
that has begun, including the first step of signing the
statement of cooperation (SOC) to bring attention to the impact
of these mines on Southeast Alaskan communities. It is also
necessary to reinforce that Alaska cannot expect B.C. to hold
our interests in trust, to protect our waters, and defend our
way of life. Now is the time to engage the federal government,
she underscored, and said an International Joint Commission
(IJC) referral is the best means for ensuring protections
against the ramifications of the B.C. mines, and encouraged the
committee to continue its work towards that outcome.
1:42:26 PM
BRETT COLLINS postulated on what he has learned from traveling
and living in various areas of the world, including British
Columbia, to wit: Looking after the environment is not the
responsibility of one country, government, or community, but
must be undertaken via uniting all concerned entities.
Unfortunately, not everyone has the interests of the environment
on their list of priorities. He opined that mining companies
worldwide put forth a minimum of effort to meet environmental
standards. History shows how companies typically find it more
convenient to pay forgiveness fines, following an accident,
versus implementing and practicing protective measures. Having
worked in a mine in Australia, he reported two overbearing
observations: mine officials view the environment as something
to be abused; and concerns held by the indigenous tribes are to
be ignored. Under the assumption of these attitudes, shortcuts
are often taken resulting in accidents, which he predicted will
continue to occur. He said:
I implore the committee here to help protect the
environment, the rivers of fish, and, in extension,
the economy ... More specifically, please put
pressure on the Walker administration to create
legally binding protections for the watershed, the
rivers, and the salmon of British Columbia and Alaska.
... We need transnational laws to regulate these
companies.
1:44:44 PM
MELANIE BROWN, Member, Naknek Tribe, identified herself as a
commercial fisherman and an advocate for fish, which includes
being an active affiliate of Salmon Beyond Borders. With food
as a major motivational factor in her life, she described her
good fortune for being able to harvest subsistence food from two
miraculous locations: Bristol Bay, and Juneau. The available
bounty of salmon, and other wild food harvests, depends on a
supportive environment. The food speaks for itself, she said,
and represents a true, sharable wealth. She acknowledged that
some people are motivated by a type of wealth that is not edible
nor does it feed the soul; a motivational nourishment that she
finds difficult to understand. She urged the committee to find
a means to elevate the transboundary river concern to the
federal and international level and to continue to strengthen
the work that has been started under the statement of
cooperation (SOC).
1:49:44 PM
MARGO WARING, urged the legislature to take the strongest
possible steps to advocate action through the International
Joint Commission (IJC), and insist on either no open pit mining
or the application of the highest environmental standards for
mining developments; certainly standards beyond anything that
British Columbia (B.C.) has ever imposed. There are no promises
or guarantees via financial bonding that could compensate
Juneau, Southeast, Alaska, America, or the world, for the
possible devastation that open pit mining and its imperilments
can create. Southeast Alaska is all about its environment and
the resources that the Tongass [National Forest] provides. She
finished, stating:
We're counting on you to help us protect these values.
We really urge that you take that responsibility
seriously in advocating for us.
1:52:12 PM
MARC WHEELER, Owner, Copa Coffee Café, noted that his café makes
most things from scratch using ingredients raised in Alaska. He
said it's important to his company to be able to market Alaskan
products that use Alaskan salmon. For marketing to be
successful, he stressed the importance for the salmon products
to be perceived as pure and natural. Anything that threatens
this perception represents a major economic threat, he
underscored.
1:54:06 PM
ANN FULLER questioned the term "enforceable protections." She
shared an anecdote regarding a visiting friend who, upon hearing
Ms. Fuller's worries for the Tulsequah Chief mine, responded
that in Pennsylvania the worry is for all of their waterways.
The concern revolves around a system which allows mining
companies to operate and poison the rivers of the Earth. She
shared an example with the committee of a mine owner in Virginia
who has accumulated years of unpaid fines and yet continues to
operate, polluting the water, and making a profit. She urged
the state to be very serious about obtaining federal support and
obtain the necessary assurances that Alaska's interests are
protected.
1:56:48 PM
CHRIS MILLER, Commercial Fisherman, Member, Juneau Douglas
Alaska Department of Fish and Game Regional Advisory Committee,
paraphrased from a prepared statement, which read as follows
[original punctuation provided]:
Once upon a time, there were salmon in the Thames,
Seine and the many major inland arteries of mainland
Europe. They are gone.
There were once salmon swimming in the Charles River
near Boston, and the many tributaries along the
Eastern Seaboard. They are gone.
The salmon on the West Coast, used to choke the mighty
Columbia River and the many rivers and streams that
line the Western edge of the North American Continent.
They too are almost gone.
This is not a fairy tale, it is historical non-
fiction; all of these places have one thing in common,
human development in its myriad of forms. Laws
protecting salmon and their natal streams go back to
the Magna Carta, and have been overlooked and
unenforced for just as long.
I have been to the Tulsequah Mine site and seen first-
hand what 60-plus years of acid mine drainage leeching
into a river looks like. I have spoken with Tlingit
First Nations people, who remember as children playing
in the streams and tributaries of the Tulsequah full
of Coho salmon. They are now almost gone.
The Territory of Alaska was purchased in large part
due to our wealth in salmon. Salmon were the resource
that the populace of our territory coalesced around to
vote to become a state. We have a robust and revered
constitution that gives us simple and steadfast
guidance to protect our resources to the maximum
benefit of our peoples now and in the future.
The Tulsequah Mine acid leeching and the Mount Polley
Dam collapse are warning signs of a lack of oversight,
regulation, and stewardship by the Canadian government
and mining industry. It is paramount that we as a
state hold the B.C. government to the highest possible
standards to protect our interests, and theirs, in the
rivers that flow across our shared border, that are
protected under the Boundary Waters Treaty of 1910.
The Transboundary Rivers of the Taku, Stikine, and the
Unuk are the last remaining undeveloped rivers on the
West Coast of North America that sustain natural runs
of all 5 species of Pacific Salmon. At present they
are intact ecosystems that will continue to support
salmon indefinitely. If we fail to recognize and
accept the historical antecedents of salmon in Europe
and the rest of the Continental United States, I fear
salmon may become an allegory in a future fairy tale.
1:59:47 PM
EMILY FERRY, Deputy Director, Southeast Alaska Conservation
Council (SEACC), encouraged the state to seek assistance from
national and international communities in order to ensure that
British Columbia (B.C.) assumes the appropriate
responsibilities. Everyone shares the same concerns regarding
transboundary mines, with the looming question of how the
situation can best be addressed. The B.C. government is fully
vested in the mining endeavors, she cautioned, precluding the
ability to entrust them to protect Alaska's interests. National
and international players are needed to bear witness and assist
in holding B.C. responsible and maintain clean watersheds
affecting Alaska. She pointed out that, although she is
employed by SEACC, she considers her most important job to be as
a mother, which is also one of the driving forces behind her
interest in ensuring clean water and protecting fish stocks.
2:01:13 PM
ELIAS FERRY, Elementary School Student, said that, as an eight
year old, when he grows up he would like to still be able to
fish.
2:01:56 PM
JON WARRENCHUCK, Senior Scientist, Oceana, said Chinook salmon
stocks up and down the western seaboard have been on the decline
for 50 years and are in serious trouble. Adding increased
development pressures to the mix, will only excerpt more
pressure on this fragile species. Alaska maintains sustainable
stocks, he said and pointed out that Canada doesn't elevate
sustainable fishing to the same level, choosing instead to focus
support on industrial endeavors, as evidenced by the number of
salmon farms that populate the coastal areas of British Columbia
(B.C.), as well as the clear cutting of the rainforest and
mining developments. It is okay to ask for help, he said, and
posited the engagement of international bodies through the U.S.
Department of State. The statement of cooperation (SOC) is a
good beginning, but more experienced entities should be
approached for help as well, he finished.
2:04:10 PM
JAMES SCHRAMEK, Hydrologist, said he retired from his profession
at the U.S. Forest Service, but was a participant in the British
Columbia (B.C.) hydro dam project. Thus, he said, he has
experience in transboundary issues, as well as an understanding
of the scientific methods associated with developing allowable
standards and risks. He urged the committee to obtain a firm
grasp of the proposed projects, as an offset of the plethora of
information that has been brought forward regarding what is at
risk, and said, "We had assurances some time ago [that] Mount
Polley was going to be a solid [dam]." Many of the scientific
approaches contain envelopes of uncertainty and can be tenuous.
Close scrutiny is necessary, he stressed, and expressed hope
that the people whose values are at risk be given a voice not
just at the onset but throughout the entire process. He
cautioned that, as issues arise, it is necessary to have a means
for adjustments in order to avert the disaster everyone is
hoping will not happen.
2:06:20 PM
JOEL JACKSON, Vice President, Organized Village of Kake, said
concern revolves around the known lack of safe mining practices
demonstrated by the British Columbia (B.C.) government. Kake is
basically a Native community where the way of life and
livelihoods are dependent on salmon, and has been for for
hundreds of years. Stating agreement with previous witnesses,
he said seeing mines opened at the headwaters of important
salmon watersheds is incomprehensible. The salmon have been
declining for years now and if anything happens to any of the
watersheds there will be negative impacts on future harvests.
He said he chooses to live in a smaller community where water
represents life and the people depend on clean water to live.
Engaging the international community will be necessary to
forward this issue, he said, or it will all be a waste of time.
There is no amount of compensation that would make up for losing
the salmon.
2:09:51 PM
AARON ANGERMAN, Tribal Administrator, Wrangell Cooperative
Association, Spokesman, Stikine Tribe, said the Stikine
community, about 2,400 people, survive almost solely on both the
habitat and the bounty of the Stikine River. Nearly 50 percent
of Wrangell's adult workforce is tied to maritime or fishing
industries. Tourism is the other dominant industry, with the
Stikine River fishing opportunities as a main attraction.
Commercial fishermen have identified the Red Chris mine as the
biggest threat of all time. Given the make-up of the job market
and the reliance on subsistence lifestyles, the community cannot
afford a mining failure of any kind, whether minimal or on the
level of Mount Polley. A complete tailings failure would be the
biggest disaster that Wrangell has ever faced and no amount of
funding would be able to mitigate the situation. To date,
Wrangell has yet to be consulted by the Red Chris, or British
Columbia (B.C.) mining officials, to share risk and benefit
perspectives. Communications initiated from Wrangell to the
B.C. government have been largely ignored, he reported. He
urged that an International Joint Commission (IJC) referral be
lodged, as the next logical step.
2:12:42 PM
KEVIN MAIER paraphrased from a prepared statement, which read as
follows [original punctuation provided]:
I'm here as an Alaskan citizen, a sport fisherman, and
a father to encourage you to do everything in your
power to stop these mines on our Transboundary rivers.
As Alaskans, we have nothing to gain and everything to
lose.
Although I've been living in Juneau since 2004, I grew
up on the Olympic Peninsula in Washington. Like many
of my generation from the Pacific Northwest, my salmon
story is marked primarily by loss and sorrow.
Like a lot of kids from the Northwest of a certain
age, I learned the virtue of patience sitting in the
back of my grandparent's boat. As we motored around
the Straits of Juan de Fuca watching stout trolling
rods bounce to the bead of Abe and Al Flashers, I
patiently hoped they might bend to something more than
the banana weight and provide a little excitement. My
two boys - who are now 5 and 9 - are (slowly) learning
these same lessons as we spend days in the summer
bobbing around in our little skiff hoping to fill the
freezer.
The next year will be especially poignant for me,
because when I was my older son's age my grandparents
hung up their rods, sold their boat, and stopped
fishing, a sad but necessary response to diminishing
returns on their trolling efforts. As the stocks
dwindled in the 1980s, the regulations got
complicated, the fish too few, and my grandparents
lost the heart to go. I lost the only anglers in my
extended family.
Nobody can point to one single factor that led to the
dramatic declines of salmon stocks in the Northwest;
it is more a death by a thousand cuts than a single
catastrophe. But experts all agree, fish need healthy
water, intact habitat, and humans to pay attention to
these simple needs.
At ten, all I knew was that we weren't going fishing
anymore. I managed to find the sport again in
college; and for the last twenty years, fishing has
been integral to my life outside - and for the last
several years, my income as well, as I work as a fly
fishing guide here in the summer. I've never made up
for the lost time of my youth, however, and I always
pursue salmon with a sense of gratitude and above all
caution.
I've spent most of my adult life doing my best to
insure we leave enough water and habitat for the fish,
pushing back against threats to both. As we can see
in the extraordinarily expensive efforts to restore
runs on the Columbia, it is easier to preserve habitat
and adopt a cautionary approach when we still have
salmon returning to intact watersheds. The threats
posed to salmon habitat by the Transboundary mines are
serious, as we saw in the tailings disaster at the
Mount Polley mine, and as you've heard here today.
2:16:32 PM
SHAYNE GUTHRIE, Student, University of Alaska Southeast (UAS)
said fish comprises the majority of her student diet. The loss
of fish would affect the Native's efforts for cultural renewal,
as well as fishing industry related jobs. The impact would be
significant, she opined, and stressed that there should be
guarantees that future generations will also benefit from
healthy fish runs. The ancestors of the current Metlakatla
Natives made a historical choice to occupy the entire island.
She pointed out that this was foresight on their part, to ensure
that the benefits of the land would be intact for the many
generations to come. It is now up to us to make a similar
choice and protect the fish and land for the generations to
come.
2:19:21 PM
CHAIR STUTES closed public testimony.
2:19:41 PM
REPRESENTATIVE ORTIZ noted that the consistent theme, expressed
throughout the hearing, calls for the legislature to request
that the U.S. government engage the Canadian government, via the
International Joint Commission (IJC) process, in order to better
protect Southeast interests and ensure protections that include
Alaska's fishing industry, as well as cultural and traditional
heritage concerns.
2:21:04 PM
SENATOR EGAN concurred with the comments made by Representative
Ortiz. After 10 years of talking, he said, a starting point has
been found through the statement of cooperation (SOC), thanks to
the current administration.
2:21:45 PM
CHAIR STUTES agreed with the previous members comments, and
underscored the governor's fish first policy, which includes the
transboundary issues. She then re-opened public testimony.
2:23:03 PM
BEN KIRKPATRICK, Habitat Biologist, noted work he assisted with,
during his tenure at the Alaska Department of Fish & Game
(ADF&G), which included mining permit negotiations for the
Tulsequah Chief, AJ, and Kensington operations. Despite the
permitting of these mines, many of the same issues still exist.
To make progress on the transboundary issues, he stressed, it is
imperative to include government entities beyond the state and
provincial levels. An International Joint Commission (IJC)
referral, as has been suggested, is certainly in order, he said,
and is the best means for stemming the reiteration of continued
issues surrounding the proposed mines.
CHAIR STUTES thanked everyone for their participation.
2:25:12 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Fisheries meeting was adjourned at 2:25
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| FINAL TB Statement of Cooperation.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| FINAL Southeast Alaska Transboundary Watershed Economic Impacts - Executive Summary.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| UTTMWG comments on SOC.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| Fred Olsen Oped Indigenous Leaders Unite to Protect International Watersheds.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| Fred Olsen Oped Times Colonist.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| United Tribal Transboundary Mining Work Group Report.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| David Chambers Recommendations Missing in the Proposed BC Code Changes.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| Dave Chambers Alaska Legislative Presentation - Juneau 12Oct16.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| David Chambers Summary Conclusions section from Bowker and Chambers 2015.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| UFA to Gov & Lt Gov re Transboundary Mines 120915.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| UFA comments on KSM mine 082014.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| UFA Transboundary Rivers Letter of Concern to Alaska Delegation 3.12.2014-2.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| USAG comments on TB mines.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| Mount Polley Media Briefing Presentation.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB letter Brodersen.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB letter Chrichton.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB letter Connolly.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB letter Edens.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB letter Hohenthaner.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB letter Kaelke.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB letter Kisaka.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB letter Lagoudakis.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB letter Steeley Helen.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB letter Steeley.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| Transboundary Form Letter.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB letter Archibald.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| Transboundary Map - ATTACHMENT A.PDF |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| Oct 12 Transboundary Mines.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| Southeast Alaska Transboundary Watersheds with Mining Activities.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| BC Financial Assurances Report.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| BC AUD GEN SUM.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| 2015 AK Poll Memo (Public).pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| Senator Murray letter to Secretary John Kerry.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB Letter Driscoll.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB Letter Neall.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB Letter Stokes.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB Letter Worrell.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB Letter West.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB Letter Weinstein.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB Letter Callahan.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB Letter ATA.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB Letter Barnwell.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| Kerry Response to AK Delegation Sept 8th letter on TB mines.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| Schindler Transboundary Rivers.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| Kerry Response to AK Delegation Sept 8th letter on TB mines.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB Letter J Wood.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB Letter Mastrella.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB Letter Walker.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB Letters Sitka LIO.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB Letter Rubinstein.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB Letter Debenham.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB letter Jones.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |
| TB Letter Weitz.pdf |
HFSH 10/12/2016 10:00:00 AM |
Transboundary |