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Cantwell Pushes for Changes to Fisheries Disaster Process, Presses NOAA on Pebble Mine

October 1, 2019 — SEAFOOD NEWS — At a Senate Committee on Commerce, Science, and Transportation hearing last week on fisheries disasters, U.S. Senator Maria Cantwell, D-Wash., the Ranking Member of the committee, highlighted the importance of responding to fisheries disasters and pushed for reforms to the process.

“In Washington, fisheries are a cornerstone of our maritime economy,” Cantwell said in her remarks. “Its related businesses and seafood processors, ship builders, gear manufacturers, support 60% of our maritime economy, which is about 146,000 jobs and $30 billion in economic activity. Washington has experienced 17 fishery disasters since 1992, including crab, groundfish, and salmon. Unfortunately, the fisheries disaster process has become more burdensome, and has resulted in less funding and lengthy delays, putting an unnecessary burden on fishermen and fishing communities.”

In particular, Cantwell discussed the 2016 coho salmon fishery disaster, which affected fisheries across the state.

The coho disaster affected tribes, commercial fishermen, charter and recreational fishermen but not all groups received adequate funding from NOAA, Cantwell said.

“In a shift from previous policy, the administration determined that the charter fishermen should not be included in the economic determination. Thus, I believe Washington did not receive adequate funding for this disaster,” Cantwell said in a press release.

Ron Warren, the Director of Fish Policy at the Washington Department of Fish and Wildlife, testified at the hearing about the impact of that inadequate funding for Washington state’s economy.

“If you add the charters from the coast and charters from Puget Sound, as well as the troll fishery and other fisheries that had been included, you’d be looking at about $100 million to the state of Washington,” Warren said in the statement.

Other fisheries included charters

However, charter businesses in other fisheries received federal funding during the same time. Marine-related businesses and charters have also benefitted in the past, in other fisheries. The federal determination letter did not specifically exclude charter businesses.

For example, both the Washington coho request letter from Gov. Jay Inslee and the California Dungeness crab request letter from Gov. Edmund G. Brown Jr. included the recreational sectors, noting the importance of the sport fleets to their states’ respective economies.

“While the language in these acts is specific to commercial fishery failures, the economic impact of this fishery resource disaster will also affect communities beyond the ocean commercial fishing industry. Also affected are charter fleets, fishing guides, resorts, tackle and equipment vendors and other businesses … ,” Inslee wrote in the request letter of Sept. 24, 2016.

The federal determination letters for both the coho and Dungeness crab fisheries were worded similarly and issued on the same day by then-Secretary of Commerce Penny Pritzker.

The Jan. 18, 2017 letter approving the fisheries failure for coho specifically included communities, of which charters are obviously a member: “This determination provides a basis for Congress to appropriate disaster relief funding under the MSA, Section 312(a), and then for the NMFS to provide assistance to the State of Washington and the affected communities,” Pritzker wrote.

The wording for the California Dungeness crab fishery was the same.

California charter businesses received a portion of the $26 million eventually approved by Congress, based on a plan submitted by the state. The funding approved for the Washington coho fishery was $834,401.

Concerns about the Pebble Mine

During the hearing, Cantwell also took the opportunity to ask one of the witnesses, Assistant Administrator for NOAA Fisheries Chris Oliver, about NOAA’s role in the Pebble Mine. Cantwell spoke about her concern that NOAA chose not to be a cooperating agency with the U.S. Army Corps of Engineers as it related to the proposed Pebble Mine in Alaska.

“When commercial fishing in Bristol Bay is over 135 years old and supports 14,000 fishing jobs and 10,000 industry jobs and is about $500 million in direct economic impact – valued at $1.5 billion. How is NOAA not warranted at this time to participate in a discussion about how that economy could be destroyed by a mine?” Cantwell asked.

Oliver said NOAA’s role is fairly limited. “We’re not a permitting agency. We will consult on essential fish habitat for per Magnuson Act. We will consult, as requested by the Army Corps, on the Endangered Species Act implications as well as the Marine Mammal Protection Act. So we have a relatively limited role.”

Oliver said the agency has to receive the requests and actual proposed action from the permitting agency before it can conduct a full consultation and the agency is still waiting.

But Cantwell was not finishing pressing her point.

“I think my colleague here this morning, and my other colleague from Alaska in the appropriations process is making it very clear. The Army Corps of Engineers should not move forward until the science says that it’s there. And every agency that has an impact and stewardship over a resource that’s going to be impacted should be participating in that process,” she said.

“So the Pacific Northwest is not going to stand by while the administration builds a gold mine in the middle of the largest salmon habitat area. We’re just not going to sit by. … But a science agency has to participate in the process.”

This story was originally published on SeafoodNews.com, a subscription site. It is reprinted with permission.

Murkowski questions data gaps on Alaska’s Pebble Mine

September 30, 2019 — On Thursday, Sept. 26, Alaska Sen. Lisa Murkowski released a report calling for the U.S. Army Corps of Engineers to take its time to address the concerns of key state and federal agencies, as well as the region’s stakeholders, before submitting its decision on permitting for Pebble Mine near Alaska’s Bristol Bay.

The Army Corps of Engineers announced this week that it would perform a “thorough and transparent review” before issuing its final decision.

The announcement came after Murkowski again raised questions about the EPA’s criticism of the Army Corps’ Draft Environmental Impact Statement, including data gaps and inaccurate statements.

“If the data, if the science out there that has been raised by these agencies can’t demonstrate that you can have a successful mining project in an area that is as sensitive as the Bristol Bay watershed, then a permit should not issue,” Murkowski said.

Read the full story at National Fisherman

ALASKA: Murkowski says Pebble mine shouldn’t be permitted unless data ‘gaps’ get explained

September 25, 2019 — Sen. Lisa Murkowski last week expressed strong concerns about the permitting process for the Pebble copper and gold mine, saying at an event organized by a mine opponent that Pebble should not be permitted unless key questions are answered.

The Environmental Protection Agency and other agencies have raised “justifiable” issues with the Army Corps of Engineers’ 1,400-page draft review of the project’s potential impacts, she said.

“We have read what the EPA has said, and their very strong criticism of inadequacy of statements that just didn’t hold up, of data that wasn’t sufficient,” she said Sept. 18.

“So I look at that and say if the data, if the science out there that has been raised by these agencies can’t demonstrate that you can have a successful mining project in an area that is as sensitive as the Bristol Bay watershed then a permit should not issue,” she said.

Read the full story at the Anchorage Daily News

Alaska lawmakers, Native group join dispute over Pebble mine

September 11, 2019 — Alaska lawmakers and a Native corporation have joined the dispute over a Canadian company’s potential investment in a large copper and gold mining project.

Republican Gov. Mike Dunleavy wrote a July letter supporting investment in the Pebble Mine by Wheaton Precious Metals Corp. of Vancouver, Canada, The Anchorage Daily News reported Monday.

Dunleavy’s letter came after groups opposed to Pebble wrote to Wheaton President Randy Smallwood discouraging its involvement.

Pebble opponents argue the project threatens the Bristol Bay salmon fishery in southwest Alaska. Potential developer Pebble Limited Partnership maintains it can operate the mine safely without threatening the fishery.

Read the full story at the Associated Press

ALASKA: Gov. Dunleavy encourages Canadian company weighing investment in Pebble mine

August 29, 2019 — Gov. Mike Dunleavy told the head of a Canadian mineral company that he would support his decision to invest in the Pebble copper and gold project, after the company received a letter from anti-Pebble groups arguing against the investment, according to a letter from the governor.

Dunleavy, who has taken a neutral stance on the project, told Randy Smallwood, president of Wheaton Precious Metals Corp., that the state will stand by the company’s possible investment in Pebble, according to the July 30 letter from the governor obtained through a public records request.

“I understand your potential investment would be structured to financially support Pebble’s completion of the permitting process,” Dunleavy said in the letter. “Every permittee deserves that opportunity, and it is my mission to assure that any project attempting to stake claim in Alaska is afforded this basic right.”

Read the full story at the Anchorage Daily News

Commercial Fishermen, Indigenous People Unite to Fight Mine in Alaska

August 15, 2019 — In the sleepy and remote village of Dillingham in southwestern Alaska, there has historically been tension between the indigenous populations, who take a subsistence approach to catching salmon, and commercial fishermen, who take in half a billion annually by trawling one of the world’s most productive fisheries at Bristol Bay.

Both groups, however, are united against a potential mining project that they believe would devastate their way of life.

The Pebble Mine is a large deposit of gold, copper and molybdenum located at the headwaters of Bristol Bay. The deposit was first discovered in the 1980s and multinational corporations began seriously pursuing its development in the 2000s.

Read the full story at the Courthouse News Service

CNN: EPA reversal on Pebble Mine came after Trump met with Dunleavy

August 12, 2019 — The U.S. Environmental Protection Agency changed its position on the Pebble Mine project after Alaska Governor Mike Dunleavy met with President Donald Trump, according to a CNN report.

Although the EPA’s decision not to oppose the mining project was made public on 30 July, staff scientists at the agency learned of the decision a month before, soon after the meeting. Dunleavy met with Trump while Air Force One was in Alaska on 26 June on the way to the G20 summit in Japan.

Read the full story at Seafood Source

ALASKA: In boost to Pebble Mine promoters, EPA withdraws Clean Water Act protections

August 1, 2019 — The US Environmental Protection Agency (EPA) will withdraw protections implemented by in 2014 under the Clean Water Act that could have posed a hurdle to the proposed Pebble Mine development, which many salmon harvesters say threatens Alaska’s Bristol Bay fishery.

The EPA said in a July 30 statement that it will withdraw section Clean Water Act 404(c) provisions that would have restricted the use of “certain waters in the South Fork Koktuli River, North Fork Koktuli River, and Upper Talarik Creek watersheds in southwest Alaska as disposal sites for dredged or fill material”.

Under the administration of president Barack Obama, the EPA implemented the provisions in 2014. Three years later after the election of president Donald Trump, the agency’s then-head, Scott Pruitt, began the process to withdraw the protections. However, following an investigative report from CNN that claimed that Pruitt made the decision to withdraw the protections only an hour after meeting with the CEO of mine developer Pebble Limited Partnership, Tom Collier, Pruitt stopped the withdrawal process.

Read the full story at Undercurrent News

ALASKA: EPA kills proposed Obama-era Pebble mine ‘veto’

July 31, 2019 — The Environmental Protection Agency announced Tuesday it will reverse an Obama-era decision to block a controversial Alaska mine project.

“After today’s action EPA will focus on the permit review process for the Pebble Mine project” Region 10 Administrator Chris Hladick said in a statement.

“The agency has worked closely with the Army Corps to engage with stakeholders and the public on this issue, which has resulted in an expansive public record, including specific information about the proposed mining project that did not exist in 2014,” Hladick added.

While the EPA is withdrawing the 2014 determination, which it wrote “was issued preemptively and is now outdated,” the withdrawal does not constitute an approval of the permit application or a determination in the permitting process.

Read the full story at The Hill

ANCHORAGE DAILY NEWS: Proposed Bristol Bay protections have never been more important

July 22, 2019 — The diverse coalition of Alaskans working to protect Bristol Bay would like to respond to the recent comments by the U.S. Environmental Protection Agency stating major deficiencies in Pebble’s plan and the Draft Environmental Impact Statement (DEIS), as well as last week’s news that the EPA will resume the withdrawal process for the 2014 proposed determination that would protect the headwaters of the Bristol Bay watershed.

Our diverse coalition formed after six Bristol Bay Tribes petitioned the EPA in 2010 for help protecting the water and land that sustains our communities. The request was quickly supported by commercial and sport fishing groups, and our broad collection of Tribes, Alaska Native Corporations, commercial fishermen, sport fishing businesses and enthusiasts and Alaska-based conservation groups. Together, we seek to protect the world-class treasure that is the Bristol Bay salmon fishery from the proposed Pebble mine.

Since this request was made, major financial backers have abandoned the project, a twice-peer reviewed study found that mining the Pebble deposit would have unacceptable adverse impacts to the fishery, and the majority of Alaskans have continually opposed the project. Now, the EPA has said Pebble’s permit application confirms its prior finding: Pebble Mine cannot safely coexist with the fishery.

The EPA’s multi-year public process and the resulting proposed determination included every stakeholder group – our organizations, state government representatives, scientific experts, Bristol Bay residents and the Pebble Partnership all had seats at the table.

Read the full story at the Anchorage Daily News

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