Saving Seafood

New court ruling clears path for Bristol Bay Clean Water Act protections

November 1, 2021 — Bristol Bay fishing advocates say a federal court ruling Friday enables the U.S. Environmental Protection Agency to restart a process to protect the bay watershed from plans to develop the Pebble Mine under the federal Clean Water Act.

The order by U.S. District Court Judge Sharon Gleason in Anchorage came in response to a recent motion by the Pebble Limited Partnership and state of Alaska, asking the court to set a schedule for the EPA to either withdraw or finalize a 2014 proposal during the Obama administration that would have restricted mining and waste disposal.

Ruling in favor of the groups Trout Unlimited and SalmonState that filed as intervenors in the case, Gleason in her order stated “neither the retention of jurisdiction pending remand nor the establishment of an administrative timetable by the Court is warranted in this case,” remanding the matter to the EPA for action.

Read the full story at National Fisherman

Ninth Circuit Revives Fight Over Mining Plans in Pristine Alaskan Bay

June 18, 2021 — Home to the greatest wild salmon fisheries in the world, Bristol Bay in southwest Alaska also lies near prized natural resources long sought by a mining enterprise. To protect the pristine Alaskan frontier, the Obama administration’s U.S. Environmental Protection Agency sought to restrict a proposed mining operation in 2014 — a move later dumped by the Trump administration.

Conservationists sued, but a federal judge found the Trump EPA’s decision unreviewable and dismissed the case.

On Thursday, a Ninth Circuit panel ordered the case remanded to determine if the EPA’s about-face was “arbitrary, capricious, an abuse of discretion, or contrary” to federal law.

The legal history surrounding this pristine slice of Alaskan wilderness stretches back to 2014, when the EPA announced it would seek to restrict mining operations in Bristol Bay under the authority of the Clean Water Act. The proposed Pebble Mine operation would extract copper, gold and other minerals and would be the largest of its kind in North America. The operation’s toxic waste pits could sit at the headwaters to Bristol Bay, and any type of collapse would likely contaminate the region’s watershed.

But in 2019 the Trump EPA withdrew its proposed determination. Several lawsuits followed including a complaint filed by Trout Unlimited, a nonprofit advocacy group, in the District of Alaska. The group challenged the agency’s withdrawal decision as a violation of the Clean Water Act and the implementing regulations.

Read the full story at the Courthouse News Service

Tongass twisted: Alaska salmon habitat loses clearcutting protections

October 30, 2020 — As expected, the Trump administration has removed a 2001 Roadless Rule exemption for more than 9 million acres of Alaska’s Tongass National Forest.

A notice posted in the Federal Register on Wednesday, Oct. 28, confirms the plans indicated in the final environmental impact statement, released in September, to open lands to the removal of old-growth trees and the construction of logging roads after nearly 20 years of protection.

“I’m disappointed,” said Seth Stewart of Yakobi Fisheries in Pelican, Alaska. “Exempting the Tongass National Forest and opening 9.3 million acres to old growth logging is a shot in the gut to fishing and tourism businesses in Southeast Alaska that have been driving the economy in Southeast Alaska for decades.”

The Tongass produces more salmon than all other national forests combined, according to Trout Unlimited, and the fishing and tourism industry supported by the intact forest account for more than 25 percent of local jobs in the region.

Read the full story at National Fisherman

Endangered coho salmon preservation an upstream battle in California

March 13, 2020 — The endangered coho salmon of Tomales Bay, north of San Francisco, are getting assistance from a stream restoration effort that could help rescue them from near-extinction locally.

Through the project, fish ecologists hope they can restore habitat to rebuild decimated populations of the historic fish, which once was a staple of indigenous diets and later California commercial fishing.

Central California coast coho salmon formerly were plentiful on the West Coast, but the population has shrunk so low that the fish is listed as endangered in California, Oregon and Washington under the federal Endangered Species Act. It is now illegal to catch coho salmon in California. Cohos are not protected in Alaska.

The fishes’ spawning grounds are becoming hard to find. Unlike Chinook salmon, which lay eggs in rushing rivers, coho prefer small streams.

Read the full story at UPI

Does California’s Bay Area Have Enough Water for Economic Growth and Salmon?

July 31, 2018 — California’s Economy is thriving and its population is growing. San Francisco County alone added more than 120,000 jobs in five years – a huge leap in economic productivity that owes itself largely to the lucrative worlds of finance, technology and biotechnology. As people from around the country and the world continue clamoring to find their place in one of the most expensive and most congested cities, an important question is emerging in public discussions: Does California have enough water to go around, or will natural resources be sacrificed for economic success?

“That’s a question of carrying capacity and social values,” said Peter Drekmeier, policy director of the environmental organization Tuolumne River Trust, which lobbies to protect the main waterway from which San Francisco receives its water.

Drekmeier is one of many who believe that California can grow as an economic powerhouse while maintaining productive aquatic ecosystems resembling their natural and unimpacted character – if, that is, water is divided fairly and consumed efficiently. Others, however, feel that the state’s economy – including agriculture but also urban elements – will need more water in the future, even if this drives some fish species extinct.

These differing perspectives are at the heart of a current policy battle in California as the State Water Resources Control Board works to finalize a plan that will determine how much water should be left in critical rivers feeding the Sacramento-San Joaquin Delta. It’s a decision that will impact not just fish and farms, but urban areas like the San Francisco Bay Area where strongly held environmental values may be challenged by economic aspirations.

Trouble for Fish

The Tuolumne River is a major tributary of the San Joaquin River, which feeds into the Bay-Delta, the linchpin for California’s statewide water delivery system. It’s also the place from which the San Francisco Public Utilities Commission draws the majority of its water to serve 2.7 million people in San Francisco, Alameda, San Mateo and Santa Clara counties.

As recently as the 1940s, more than 100,000 fall-run Chinook salmon spawned annually in the Tuolumne. In 2015, a little more than 100 of the fish swam up the river. Today, the river, studded with several dams and heavily diverted for human use, is considered by many to be in critical condition, and scientists and river advocates say what the Tuolumne and its native fishes need more than anything else is increased flows of water.

“Water is just one component of habitat, but it’s a very important one,” said Rene Henery, a biologist with the conservation group Trout Unlimited.

State agencies agree, and early in July the State Water Resources Control Board released its final draft of a plan to increase the amount of water left in the Tuolumne and two other San Joaquin River tributaries to about 40 percent of their historic, or “unimpaired,” winter and springtime flows. This Bay-Delta Plan Update was announced on July 6 and would allow for flows as low as 30 percent and as high as 50 percent between February and June, a key period for juvenile salmon migrating toward the ocean.

“While multiple factors are to blame for the decline [in the Central Valley’s Chinook salmon runs], the magnitude of diversions out of the Sacramento, San Joaquin and other rivers feeding into the Bay-Delta is a major factor in the ecosystem decline,” the board said in a statement.

Read the full story at News Deeply

 

Alaska fisheries ballot battle becomes more expensive

July 12, 2018 — This year’s fish fight is already half as expensive as the 2014 ballot battle over Alaska’s oil and gas tax system.

According to new filings from the Alaska Public Offices commission, mining firms Teck Alaska and Donlin Gold have donated an additional $1.2 million to a group whose mission is to campaign against Ballot Measure 1 in this fall’s election.

According to the report filed July 6 by “Stand for Alaska — Vote No on One,” contributors have now provided $6.3 million to the opposition’s cause.

A July 10 report filed by “Yes for Salmon,” which is backing Ballot Measure 1, shows just over $989,000 in contributions.

“Stand for Salmon,” which is also backing the measure, reported about $105,000 in contributions in a report filed July 7.

The Washington, D.C.-based New Venture Fund and Trout Unlimited also have reported a few thousand dollars in expenses supporting the ballot measure.

In 2014, Alaskans spent more than $14 million backing and opposing a ballot measure that aimed to repeal an oil tax cut known as Senate Bill 21. More than $13 million of that tally was spent on “vote no” efforts backing the tax cut, and less than $1 million was spent by “vote yes” proponents.

Teck Alaska is the operator of the Red Dog zinc and lead mine in the Northwest Arctic Borough. Donlin is developing a gold mine on a tributary of the Kuskokwim River in southwest Alaska. If approved, the mine would be one of the largest open-pit gold mines in the world.

Read the full story at the Juneau Empire

Will the fish habitat ballot proposal prod Alaska lawmakers to pass a similar bill? Don’t count on it.

January 30, 2018 — JUNEAU, Ala. — Opponents of a citizens initiative to boost protections for salmon habitat have a path to adapt the proposal to better suit them: helping pass a similar bill through the Alaska Legislature, which would render the initiative void.

The largely Democratic House majority last week introduced a new version of its legislation, House Bill 199, that could serve as that vehicle. Both proposals would create new permitting systems for projects that would affect fish habitat.

But the initiative’s pro-development opponents say they’re not exactly thrilled by HB 199 either.

And they’re making no promises to try to transform it into a compromise measure that could permit resource-development projects while still achieving some of the habitat protections that supporters want.

“These solutions have to be to problems that actually exist,” said Soldotna Republican Sen. Peter Micciche, a Cook Inlet commercial salmon fisherman who also works for ConocoPhillips. “The Senate majority doesn’t recognize, at this point, that there’s a gap.”

The state elections division has not yet placed the initiative on the ballot. Yet it’s already proven polarizing, and its legality is also being challenged in the Alaska Supreme Court.

The initiative is backed by an array of conservation groups that have teamed with three sponsors: Mike Wood, a Cook Inlet commercial setnet fisherman; Gayla Hoseth, a tribal chief from the Bristol Bay region; and Stephanie Quinn-Davidson, an Anchorage ecologist and fisheries advocate.

The supporters say Alaska’s permitting standards are outdated and wouldn’t provide adequate fish protections if proposed megaprojects such as dams, coal export projects, and the Pebble mine near Bristol Bay are ultimately built. The eight-page initiative would create a two-level permitting system with more stringent rules, like requiring that developers avoid or minimize damage to fish habitat or promise to clean up damage caused by projects.

The initiative has raised $300,000, with support from conservation groups like Homer-based Cook Inletkeeper, Virginia-based Trout Unlimited, the Oregon-based Wild Salmon Center and New Venture Fund, a left-leaning nonprofit based in Washington, D.C., according to filings with state campaign finance regulators.

Read the full story at the Anchorage Daily News