Sign-On Letter to Governor Walker
December 9, 2015
Governor Bill Walker
Lieutenant Governor Byron Mallott
P.O. Box 110001
Juneau, AK 99811
Cc (via email):
--Alaska Congressional Delegation
--Alaska Legislators
--Alaska Agencies
--Transboundary Citizens Advisory Group
Dear Governor Walker and Lieutenant Governor Mallott,
Thank you for the time and attention you have applied to the issue of mining and associated industrial development in the transboundary region, including the creation of the Citizens Advisory Group that met with the State of Alaska’s internal Transboundary Working Group last month. Due in part to your efforts, far more international attention is now focused on several large-scale mining projects planned in transboundary watersheds so critical to Alaskans.
The numerous, large-scale mining projects that are in various phases of proposal, review, development, or operation on the British Columbia (B.C.) side of the Taku, Stikine and Unuk watersheds are not simply a “local” issue. An international border runs through these watersheds. Furthermore, the presence of First Nations and Tribes means that multiple sovereign nations are involved.
We are concerned that the State of Alaska’s current focus on developing a Statement of Cooperation on Protection of Transboundary Waters with the Province of B.C. will not provide Alaska with the international solution required for this situation. We have reviewed both the Memorandum of Understanding and Cooperation signed by Governor Walker and Premier Clark on November 25th and the associated draft Statement of Cooperation (SOC). While we do not oppose the development of an SOC, we believe the delivery of draft SOC language to B.C. must follow, not precede, a formal request by Alaska to U.S. Secretary of State John Kerry for an International Joint Commission (IJC) reference under the Boundary Waters Treaty for the transboundary region of Southeast Alaska and Northwest B.C. A focus on the SOC prior to obtaining United States (U.S.) federal involvement in this matter will most likely preclude meaningful federal engagement, and accompanying resources, in the near future.
Recent changes in Canada’s national leadership provide a fresh opportunity to engage with both the U.S. State Department and the new Canadian federal government. Additionally, First Nations and Canadian NGOs have signaled an increased interest in improving protections for the vast natural resources housed within shared Alaska/B.C. watersheds. Furthermore, during his recent visit to Alaska, U.S. Secretary Kerry was briefed on the importance of the transboundary region and the threats to downstream U.S. interests posed by upstream Canadian mining projects. With the above in mind, it is imperative the Walker Administration and Alaska’s congressional delegation work to engage the U.S. State Department on this issue as soon as possible for the reasons listed below.
First, the Boundary Waters Treaty has productively and creatively guided U.S.-Canada cooperation and provided solutions to transboundary water issues for over 100 years. The IJC has proven to be a body that can effectively resolve issues such as those with which we are now confronted in our transboundary region.
Second, Alaska lacks the financial resources to engage in transboundary issues in the manner they deserve, and the federal government can assist in the provision of necessary resources, as well as provide important technical expertise. Federal financial and human resources can be used to help defray some of the costs associated with transboundary watershed monitoring, assist in cumulative effects analyses, help identify best practices and best technologies, and outline dispute settlement and mitigation options.
Third, Alaska and B.C. lack the authority and mechanisms to manage the indemnity challenges in an international liability dynamic such as this. In the wake of catastrophic tailings dam failures at Mount Polley mine and at Samarco mine in Brazil, it is essential that financial guarantees are developed that ensure losses to downstream U.S. interests are compensated in a pollution event.
With the November 25th MOU in place, we understand the State of Alaska is likely to continue crafting SOC language, in hopes of ultimately forging a practical, cooperative agreement with B.C. with respect to research and monitoring on transboundary rivers. However, we ask that you wait to transmit or sign this SOC until Secretary Kerry has communicated to Canada’s new Minister of Foreign Affairs a request for action under the Boundary Waters Treaty. Of course, your help in securing that request is key to its success. An IJC reference for the transboundary region would engage the U.S. State Department, elevate the issue to the federal level in both countries, and provide opportunities to secure much needed federal resources.
As you are aware, there is strong and growing political support in Alaska, including from the congressional delegation, for the U.S. federal government to take action under the Boundary Waters Treaty, as shown by the numerous resolutions and letters strongly supporting an IJC reference for mining activity in the Taku, Stikine and Unuk watersheds. We respectfully urge you to seize this opportunity to join your constituents with this request, prior to finalizing the Statement of Cooperation on Protection of Transboundary Waters with British Columbia.
Thank you for your consideration of this request and we look forward to your prompt response.
Sincerely,
Governor Bill Walker
Lieutenant Governor Byron Mallott
P.O. Box 110001
Juneau, AK 99811
Cc (via email):
--Alaska Congressional Delegation
--Alaska Legislators
--Alaska Agencies
--Transboundary Citizens Advisory Group
Dear Governor Walker and Lieutenant Governor Mallott,
Thank you for the time and attention you have applied to the issue of mining and associated industrial development in the transboundary region, including the creation of the Citizens Advisory Group that met with the State of Alaska’s internal Transboundary Working Group last month. Due in part to your efforts, far more international attention is now focused on several large-scale mining projects planned in transboundary watersheds so critical to Alaskans.
The numerous, large-scale mining projects that are in various phases of proposal, review, development, or operation on the British Columbia (B.C.) side of the Taku, Stikine and Unuk watersheds are not simply a “local” issue. An international border runs through these watersheds. Furthermore, the presence of First Nations and Tribes means that multiple sovereign nations are involved.
We are concerned that the State of Alaska’s current focus on developing a Statement of Cooperation on Protection of Transboundary Waters with the Province of B.C. will not provide Alaska with the international solution required for this situation. We have reviewed both the Memorandum of Understanding and Cooperation signed by Governor Walker and Premier Clark on November 25th and the associated draft Statement of Cooperation (SOC). While we do not oppose the development of an SOC, we believe the delivery of draft SOC language to B.C. must follow, not precede, a formal request by Alaska to U.S. Secretary of State John Kerry for an International Joint Commission (IJC) reference under the Boundary Waters Treaty for the transboundary region of Southeast Alaska and Northwest B.C. A focus on the SOC prior to obtaining United States (U.S.) federal involvement in this matter will most likely preclude meaningful federal engagement, and accompanying resources, in the near future.
Recent changes in Canada’s national leadership provide a fresh opportunity to engage with both the U.S. State Department and the new Canadian federal government. Additionally, First Nations and Canadian NGOs have signaled an increased interest in improving protections for the vast natural resources housed within shared Alaska/B.C. watersheds. Furthermore, during his recent visit to Alaska, U.S. Secretary Kerry was briefed on the importance of the transboundary region and the threats to downstream U.S. interests posed by upstream Canadian mining projects. With the above in mind, it is imperative the Walker Administration and Alaska’s congressional delegation work to engage the U.S. State Department on this issue as soon as possible for the reasons listed below.
First, the Boundary Waters Treaty has productively and creatively guided U.S.-Canada cooperation and provided solutions to transboundary water issues for over 100 years. The IJC has proven to be a body that can effectively resolve issues such as those with which we are now confronted in our transboundary region.
Second, Alaska lacks the financial resources to engage in transboundary issues in the manner they deserve, and the federal government can assist in the provision of necessary resources, as well as provide important technical expertise. Federal financial and human resources can be used to help defray some of the costs associated with transboundary watershed monitoring, assist in cumulative effects analyses, help identify best practices and best technologies, and outline dispute settlement and mitigation options.
Third, Alaska and B.C. lack the authority and mechanisms to manage the indemnity challenges in an international liability dynamic such as this. In the wake of catastrophic tailings dam failures at Mount Polley mine and at Samarco mine in Brazil, it is essential that financial guarantees are developed that ensure losses to downstream U.S. interests are compensated in a pollution event.
With the November 25th MOU in place, we understand the State of Alaska is likely to continue crafting SOC language, in hopes of ultimately forging a practical, cooperative agreement with B.C. with respect to research and monitoring on transboundary rivers. However, we ask that you wait to transmit or sign this SOC until Secretary Kerry has communicated to Canada’s new Minister of Foreign Affairs a request for action under the Boundary Waters Treaty. Of course, your help in securing that request is key to its success. An IJC reference for the transboundary region would engage the U.S. State Department, elevate the issue to the federal level in both countries, and provide opportunities to secure much needed federal resources.
As you are aware, there is strong and growing political support in Alaska, including from the congressional delegation, for the U.S. federal government to take action under the Boundary Waters Treaty, as shown by the numerous resolutions and letters strongly supporting an IJC reference for mining activity in the Taku, Stikine and Unuk watersheds. We respectfully urge you to seize this opportunity to join your constituents with this request, prior to finalizing the Statement of Cooperation on Protection of Transboundary Waters with British Columbia.
Thank you for your consideration of this request and we look forward to your prompt response.
Sincerely,
Petersburg Borough Assembly, Petersburg
Alaska Longline Fishermen's Assn., Sitka
United Southeast Alaska Gillnetters, Petersburg
Alaska Trollers Association, Juneau
Icicle Seafoods, Petersburg
Douglas Island Pink and Chum, Inc., Juneau
Alaska Glacier Seafoods, Juneau
Taku Fisheries/Smokeries, Juneau
Taku River Reds, Juneau
Heather Anne Seafoods, Delta Junction
Sitka Sound Seafoods, Sitka
Triad Fisheries, Bothell
Yukon River Drainage Fisheries Association, Girdwood
Sitka Salmon Shares, Sitka
Jamestown Fisheries Corp., Sitka
Schoolhouse Fish Co., Petersburg
Alsek Fish, Yakutat
Coastal Rovers Oysters, Juneau
F/V Rainy Dawn, Juneau
F/V Lofoten, Petersburg
F/V Keta, Juneau
F/V Theresa, Juneau
F/V Arete, Juneau
F/V Dusky Rock, Juneau
F/V Odyssey, Juneau
F/V Harmony, Juneau
F/V Salty, Ketchikan
F/V Nakwasina, Craig
F/V Kirsten Anna, Juneau
F/V Heather Anne, Juneau
McCormick Charters, Skagway
Un-Cruise Adventures, Seattle
Linblad Expeditions, Washington D.C.
Southeast Exposure, Ketchikan
Fortress of the Bears LLC, Juneau
Fireweed Dinner Service, Sitka
Expedition Broker, Haines
Hooked On Juneau, Juneau
Alaska Fly Fishing Goods, Juneau
Fortress of the Bears LLC, Juneau
Whaler's Cove Lodge, Angoon
Ellen Tyler Consulting, Anchorage
Normar Inc., Sitka
fish*wine*ski, Juneau
Majestic Eagle Lodge, Petersburg
Spirit Walker Expeditions, Gustavus
The Rookery Cafe, Juneau
Alaska Charters & Adventures, Wrangell
Tidal Vision, Juneau
Haines Friends of Recycling, Haines
Sitka Local Foods, Sitka
Frederick Otilius Olsen Jr., United Tribal Transboundary Mining Work Group, Organized Village of Kasaan
Arnel Hernandez, Native Village of Cantwell, Cantwell
Arnold Demoski, Nulato Tribal Council, Nulato
Arnold Kilbuck, Platinum Traditional Village, Platinum
Rose Tepp, Kenaitze Indian Tribe, Kenai
Carrie Sykes, Organized Village of Kasaan, Kasaan
Charlene Isabell, Native Village of Teller, Teller
Charles Prince, Algaaciq Tribal Government, St. Mary's
Danielle Stickyman, Nondalton Tribal Council, Eagle River
David H. Maileelee, Grayling IRA Council, Grayling
Della Coburn, Organized Village of Kasaan, Kasaan
Don Honea, Ruby Tribal Council, Ruby
Ed Sarten, Ruby Tribe, Ruby
Elias Kelly, Pilot Station Traditional Village, Pilot Station
Emory C. Wheeler, Nome Eskimo Council, Nome
Fred Hamilton Jr., Craig Tribal Association, Craig
Fritz George, Akiachak Native Community IRA, Akiachak
John Morris Sr., Douglas Indian Association, Juneau
Julie Roberts-Hyslop, Tanana Chiefs Conference, Tanana
Julius Henry, Twin Hills Village Council, Twin Hills
Kathleen Zuray, Tanana Tribal Council, Tanana
Michelle Watchman, Central Council of Tlingit and Haida Indian Tribes of Alaska, Anchorage
Norman Small, Platinum Traditional Village, Platinum
Randy Kakaruk, Nondalton Tribal Council, Nondalton
Robert Larson, New Koliganek Village Council, Koliganek
Brenda Trefon, Kenaitze Indian Tribe, Kenai
William Pavella, New Stuyahok Traditional Council, New Stuyahok
Walter Johnson, Yakutat Tlingit Tribe, Yakutat
Alaska Wilderness League, Juneau
Wild Salmon Center, Anchorage
Sitka Conservation Society, Sitka
Alaska Marine Conservation Council, Anchorage
Salmon Beyond Borders, Juneau
Teen Mentors AK, Anchorage
Takshanuk Watershed Council, Haines
Southeast Alaska Conservation Council, Juneau
Inside Passage Waterkeeper, Juneau
Trout Unlimited's Alaska Program, Anchorage
AK Conservation Voters, Anchorage
Alaska Center for the Environment, Anchorage
Friends of the Stikine Society, Victoria
Mining Justice Action Committee, Victoria
Victoria Peace Coalition, Victoria
Rivers Without Borders, Juneau
Alaska Longline Fishermen's Assn., Sitka
United Southeast Alaska Gillnetters, Petersburg
Alaska Trollers Association, Juneau
Icicle Seafoods, Petersburg
Douglas Island Pink and Chum, Inc., Juneau
Alaska Glacier Seafoods, Juneau
Taku Fisheries/Smokeries, Juneau
Taku River Reds, Juneau
Heather Anne Seafoods, Delta Junction
Sitka Sound Seafoods, Sitka
Triad Fisheries, Bothell
Yukon River Drainage Fisheries Association, Girdwood
Sitka Salmon Shares, Sitka
Jamestown Fisheries Corp., Sitka
Schoolhouse Fish Co., Petersburg
Alsek Fish, Yakutat
Coastal Rovers Oysters, Juneau
F/V Rainy Dawn, Juneau
F/V Lofoten, Petersburg
F/V Keta, Juneau
F/V Theresa, Juneau
F/V Arete, Juneau
F/V Dusky Rock, Juneau
F/V Odyssey, Juneau
F/V Harmony, Juneau
F/V Salty, Ketchikan
F/V Nakwasina, Craig
F/V Kirsten Anna, Juneau
F/V Heather Anne, Juneau
McCormick Charters, Skagway
Un-Cruise Adventures, Seattle
Linblad Expeditions, Washington D.C.
Southeast Exposure, Ketchikan
Fortress of the Bears LLC, Juneau
Fireweed Dinner Service, Sitka
Expedition Broker, Haines
Hooked On Juneau, Juneau
Alaska Fly Fishing Goods, Juneau
Fortress of the Bears LLC, Juneau
Whaler's Cove Lodge, Angoon
Ellen Tyler Consulting, Anchorage
Normar Inc., Sitka
fish*wine*ski, Juneau
Majestic Eagle Lodge, Petersburg
Spirit Walker Expeditions, Gustavus
The Rookery Cafe, Juneau
Alaska Charters & Adventures, Wrangell
Tidal Vision, Juneau
Haines Friends of Recycling, Haines
Sitka Local Foods, Sitka
Frederick Otilius Olsen Jr., United Tribal Transboundary Mining Work Group, Organized Village of Kasaan
Arnel Hernandez, Native Village of Cantwell, Cantwell
Arnold Demoski, Nulato Tribal Council, Nulato
Arnold Kilbuck, Platinum Traditional Village, Platinum
Rose Tepp, Kenaitze Indian Tribe, Kenai
Carrie Sykes, Organized Village of Kasaan, Kasaan
Charlene Isabell, Native Village of Teller, Teller
Charles Prince, Algaaciq Tribal Government, St. Mary's
Danielle Stickyman, Nondalton Tribal Council, Eagle River
David H. Maileelee, Grayling IRA Council, Grayling
Della Coburn, Organized Village of Kasaan, Kasaan
Don Honea, Ruby Tribal Council, Ruby
Ed Sarten, Ruby Tribe, Ruby
Elias Kelly, Pilot Station Traditional Village, Pilot Station
Emory C. Wheeler, Nome Eskimo Council, Nome
Fred Hamilton Jr., Craig Tribal Association, Craig
Fritz George, Akiachak Native Community IRA, Akiachak
John Morris Sr., Douglas Indian Association, Juneau
Julie Roberts-Hyslop, Tanana Chiefs Conference, Tanana
Julius Henry, Twin Hills Village Council, Twin Hills
Kathleen Zuray, Tanana Tribal Council, Tanana
Michelle Watchman, Central Council of Tlingit and Haida Indian Tribes of Alaska, Anchorage
Norman Small, Platinum Traditional Village, Platinum
Randy Kakaruk, Nondalton Tribal Council, Nondalton
Robert Larson, New Koliganek Village Council, Koliganek
Brenda Trefon, Kenaitze Indian Tribe, Kenai
William Pavella, New Stuyahok Traditional Council, New Stuyahok
Walter Johnson, Yakutat Tlingit Tribe, Yakutat
Alaska Wilderness League, Juneau
Wild Salmon Center, Anchorage
Sitka Conservation Society, Sitka
Alaska Marine Conservation Council, Anchorage
Salmon Beyond Borders, Juneau
Teen Mentors AK, Anchorage
Takshanuk Watershed Council, Haines
Southeast Alaska Conservation Council, Juneau
Inside Passage Waterkeeper, Juneau
Trout Unlimited's Alaska Program, Anchorage
AK Conservation Voters, Anchorage
Alaska Center for the Environment, Anchorage
Friends of the Stikine Society, Victoria
Mining Justice Action Committee, Victoria
Victoria Peace Coalition, Victoria
Rivers Without Borders, Juneau
