Canada, First Nations express concern over U.S. Arctic drilling plans

The Canadian government, two territories and several First Nations are expressing concerns to the United States over plans to open the calving grounds of a large cross-border caribou herd to energy drilling, despite international agreements to protect it.

"Canada is concerned about the potential transboundary impacts of oil and gas exploration and development planned for the Arctic National Wildlife Refuge Coastal Plain," says a letter from Environment Canada to the Alaska office of the U.S. Bureau of Land Management.

Yukon and the Northwest Territories have submitted similarconcerns as the administration of U.S. President Donald Trump drafts plans to study the environmental impact of selling exploration leases on the ecologically rich plain.

"Much of the wildlife that inhabits the ... refuge is shared with Canada," says the N.W.T.'s letter to the U.S..

"The conservation of these transboundary shared resources is very important to Indigenous groups."

It'll be tough, says Indigenous leader

The Porcupine herd is one of the few remaining healthy cariboupopulations in the North and a crucial resource for Indigenous people.

Canada says the caribou are covered by one of four differentinternational agreements including two over polar bears and onefor migratory birds that commit the U.S. to preserve the area. Atleast three diplomatic notes have passed between the two countriesover the issue.

Canada wants assurances from the U.S. about the content of theenvironmental study. The N.W.T. is asking that hearings be held inCanadian Indigenous communities that depend on the herd.

It'll be tough, said Bobbi Jo Greenland-Morgan, head of the Gwich'in Tribal Council.

"We're not dealing with the same government we've been dealing with for the past 30 years," she said.

In December, the U.S. released a draft environmental impact studyproposal for the lease sale with a public comment period until Feb.11.

The stakes are high for the narrow strip of land along the central Alaskan coast. The Porcupine herd numbers 218,000 and is growing. Greenland-Morgan said the animals are a regular source offood for her people.

"We probably have [caribou]at least once or twice a week."

Development will 'negatively affect' caribou, U.S. acknowledges

Adult caribou can co-exist with development, but scientists haveshown they avoid any disturbance on their calving grounds.

"Canada is particularly concerned that oil and gas exploration and development will negatively affect the long-term reproductive success of the Porcupine caribou herd," says the federal letter.

The U.S. is aware of that possibility.

"Potential impacts, particularly those relating to changes incalving distribution and calf survival, are expected to be moreintense for the [Porcupine herd]because of their lack of previousexposure to oil field development," says the draft plan.

It also points out the herd's importance to Canadian FirstNations and acknowledges they take about 85 per cent of the annual harvest.

"These Canadian communities would be among the most likely toexperience potential indirect impacts."

Craig Machtans of the Canadian Wildlife Service represents Canadaon an international committee that manages the Porcupine herd. Hesaid he has a good relationship with his counterpart in Alaska.

"He does keep me informed," Machtans said.

But the ties aren't what they were.

There's an obligation to consult that isn't being implementedright now.-Michael Byers, International law professor

The U.S. representative used to come from the U.S. Fish and Wildlife Service. The current member is from the Department of the Interior.

"He has a different mandate," said Machtans. "I'm not sure it's the same relationship."

Officials at Global Affairs Canada say the U.S. is living up tothe agreement on the Porcupine herd. American officials were notavailable for comment due to a partial government shutdown in thatcountry.

Machtans said Canada has no special status as the U.S. considerspublic input on the draft.

"We're not in the inner circle," he said. "We're participatingas members of the public."

International law professor Michael Byers said the U.S. may havealready broken a clause in the agreement that commits both partiesto consulting the other before a final decision is made on anythingthat affects the herd's future.

"There's an obligation to consult that isn't being implementedright now," Byers said.

He noted that the U.S. has already said it intends to sell theleases this year.

Greenland-Morgan said her people have been fighting for decadesto keep the Porcupine calving grounds free of development but thistime feels different.

"We've always had to do this," she said. "But with the Trump administration, it's been more challenging."

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