First Nation in Yukon says Whitehorse dam license renewal decision falls short on salmon protections

A First Nation in Yukon says a decision giving the Whitehorse dam the greenlight to proceed to the next phase in the relicensing process doesn’t go far enough to protect Chinook salmon. Built in 1958, the dam is an important piece of infrastructure for the Yukon, generating around 75 per cent of the territory’s energy needs in the summer and 40 per cent during the winter months. Operated by Crown corporation Yukon Energy, its 25-year licence for the dam is set to expire on May 31. “I wouldn’t say we’re happy with it (the decision),” said Catherine Ford-Lammers, who is a lead on the file for the Carcross/Tagish First Nation (C/TFN). First Nations have long claimed the dam is a barrier for migrating fish, especially Chinook salmon which have been in decline for decades. That includes concerns around the dam’s fish ladder being ineffective and issues surrounding entrainment, when fish are inadvertently sucked into the dam’s turbines and unable to escape. In early April, the territorial government, Fisheries and Oceans Canada (DFO) and Transport Canada – issued a decision document on the dam stating the facility should be relicensed, with terms and conditions. The decision document follows an evaluation report by the Yukon Environmental Socio-Economic Assessment Board, or YESAB, which was released earlier this year. The evaluation marked the first time the dam was assessed under YESAB. The board didn’t exist during its last renewal back in 2000. YESAB’s report lists 44 recommendations including finding alternatives for fish passage such as refurbishment; reconstruction or replacement of the dam’s fish ladder; future operational changes to reduce effects to upstream passage; and, developing an entrainment plan to reduce fish mortality. But the decision document found some of YESAB’s recommendations didn’t go far enough “to ensure that measures to reduce impacts to Chinook Salmon would in fact be implemented, especially in the short-term.” The decision also found YESAB’s report didn’t provide clear objectives for plans, monitoring, or specific timelines, nor did the report address some concerns regarding First Nation’s wellness. The report modifies some of YESAB’s recommendations and provides additional terms and conditions, including the requirement for a traditional knowledge framework; interim plans to ensure immediate action is taken to improve fish passage and reduce entrainment and mortality; and, cultural awareness and sensitivity training for all staff that interact with salmon. “With these modifications, detailed in the Decision Document terms and conditions below, Decision Bodies are satisfied that Project effects related to Chinook Salmon and First Nation wellness are sufficiently mitigated,” it states. Carcross/Tagish First Nation unsatisfied with decision But Ford-Lammers said C/TFN still has unaddressed concerns. “(The decision) is not terrible, but we do feel that YESAB’s evaluation and then subsequently the decision document are lacking serious mitigations for the facility, especially in terms of Chinook salmon, both upstream and downstream, for passage. So, I mean, it is what it is,” she said. She said C/TFN also doesn’t feel it was given an equal seat at the table compared to other First Nations involved in the relicensing process. The Kwanlin Dün First Nation, Ta’an Kwächän Council, the territorial government and Yukon Energy signed agreements for a 20-year licence last year – something C/TFN declined to do. Ford-Lammers said C/TFN doesn’t support a long-term water licence and is advocating for a ten-year licence instead. She said C/TFN views a shorter licence as the only way to ensure accountability in regards to the decision’s terms and conditions. “We have a lot of citizens who are still concerned about a long-term water use license, especially given the changes in climate right now,” she said. “Climate change, it’s everywhere, and to have another 25-year license is just too long.” Ford-Lammers also noted while the reliance on mitigations has fallen to an adaptive management plan, which C/TFN “has high hopes for,” the plan also requires the First Nation “to trust (Yukon Energy), despite the fact that they failed to meet the requirements of their previous reviews, and a plan where we remain unclear about C/TFN’s participation and collaboration,” she said. Yukon energy doing its part to protect salmon, official says But Michael Muller, Yukon Energy’s vice president of planning, environment and health and safety, said its pleased with the decision. He said the corporation is committed to working with First Nations to ensure its operation has minimal effects on migrating salmon. Muller said that includes things like implementing changes to the dam’s operations based on First Nation’s feedback. He also noted the corporation has operated a fish hatchery since 1984 to help build and maintain upstream salmon stocks. “Part of that process is talking about what do (First Nations) care about? What are the ways that we can improve and consistently look to minimize the environmental impacts and social impacts of the facility?” he said. “We’ve heard loud and clear that for this facility…the priority is understanding and trying to minimize effects to Chinook salmon.” As for the length of licence, Muller said a longer licence is the right choice for the territory. “If there’s a push for shorter licenses, all of a sudden, we spend a lot more time and effort on process. And there’s real questions about is that the right way to operate an intergenerational asset that’s been here for 70 years in short chunks,” he said. More work ahead As the utility is not likely to be relicensed by the May 31 deadline, it recently applied for a 60-day licence with the Yukon Water board. If approved, the dam will continue operations from June 1 to July 30. The board will also oversee the corporation’s proposal for the 20-year water licence. Ford-Lammers said C/TFN hopes to plead its case before the board for a shorter licence. She also noted the dam still requires DFO authorization – something it needs to bring the facility into compliance under the Fisheries Act. “That’s, again, where we hope to see DFO support and enforce good mitigations up and downstream for those chinook,” she said. “For the fry out migrating, instead of going through those turbines and significant death there to those fry, hopefully we can find a solution to have safer passage downstream, and then either significant improvements or a refurbishment of the fish ladder, if not a secondary fish ladder.” Ford-Lammers said C/TFN ultimately wants to see a way forward where the need for energy is balanced with protections for salmon. “For the future, we really would like to see those salmon numbers back up.” Continue Reading