Tuesday, March 23, 2004
By Michael Gormley, Associated Press

ALBANY, N.Y. — The St. Regis Mohawks sought a federal court order Monday to stop icebreaking on the St. Lawrence River, claiming the practice could cause spills, harm fish, disrupt the shoreline, and release contaminants.

The tribe claims that the St. Lawrence Seaway Development Corp. violated federal environmental law and a treaty by not consulting tribal leaders, scientists, and fisheries experts before it began icebreaking. Tribal officials say they must be included in decisions to clear commercial shipping lanes by using powerful boats to break through ice that is often several feet thick.

In a letter to the corporation and to Canadian and U.S. officials, the tribe contends that icebreaking could cause petroleum or chemical spills; harm fish who depend on ice cover for spawning; lead to shoreline flooding and erosion; and release PCB-contaminated sediments.

The Mohawks want the river to melt naturally. But icebreakers clear the river each spring to open the important commercial shipping lane from the Atlantic Ocean to the Midwest and Canadian ports. The river passes along the reservation, which straddles the U.S.-Canada border.

The Canadian Coast Guard, which works with Seaway to clear the channel, began icebreaking in mid-March but has not yet reached the reservation, Canadian officials said Monday.

The St. Lawrence Seaway is scheduled to reopen Thursday.

The tribe contends it tried to negotiate in recent years with Seaway on the icebreaking issue but said talks failed and they were forced seek the court order. Seaway maintains they have been open to talks but the tribe hasn't responded.

"We've offered to discuss the issues with them and they have not responded," Seaway Administrator Albert Jacquez said. Seaway's preliminary review of the concerns finds them without merit, he said.

The tribe has said it have always been open to "meaningful" discussion.

"We are obliged to take this action to protect our community and the natural resources upon which we depend," Chief James W. Ransom said.

No hearing has been scheduled.

U.S. Sens. Hillary Rodham Clinton and Charles Schumer, the state Department of Environmental Conservation, and a local ecological watchdog group are also opposed to opening the shipping season during winter conditions.

Source: Associated Press