ADVANTAGE: BRISTOL BAY SALMON

EPA RETURNS CLEAN WATER ACT PROTECTION TO BRISTOL BAY

BY CHRIS COCOLES

Advantage: Bristol Bay salmon. For now.

Think a high-stakes tennis match – filled with the participants sending each other unreturnable serves and powerful volleys. For those who have strived to protect what’s known as the “world’s last great salmon run” from mining interests, the momentum has swung back in their favor.

Consider August of 2020, when the proposed Pebble Mine seemed poised to clear a significant hurdle after the U.S. Army Corps of Engineers tentatively submitted an environmental impact statement to greenlight a version of the gold and copper mine. That had watershed advocates pushing back, saying the development was close enough to several valuable salmon spawning rivers that it could decimate Bristol Bay’s fishing industry.

But the pendulum would swing back last fall, when the USACE reversed course and rejected the Pebble Partnership’s permitting process because “the applicant’s plan for the discharge of fill material does not comply with Clean Water Act guidelines and concluded that the proposed project is contrary to the public interest.”

And now in September 2021, the administration of President Joe Biden, who vowed to block the mine leading into his successful 2020 campaign, has committed to restoring protections for Bristol Bay.

“The Bristol Bay Watershed is an Alaskan treasure that underscores the critical value of clean water in America,” said Environmental Protection Agency Administrator Michael S. Regan. “What’s at stake is preventing pollution that would disproportionately impact Alaska Natives, and protecting a sustainable future for the most productive salmon fishery in North America.”

The Nushagak River is one of Bristol Bay’s many critical salmon waterways. Even with the recent good news of the Environmental Protection Agency’s reinstatement of Clean Water Act protections for the region, opponents of the Pebble Mine will continue pushing to make them permanent. (SCOTT HAUGEN)

“A HISTORIC STEP” Clean Water Act guidelines once ensured protection for the region, and as there has been a push by Alaska Native, fishing and conservation groups to grant permanent protection to Bristol Bay, reaction to the news was overwhelmingly positive.

Robert Heyano, president of United Tribes of Bristol Bay, termed the EPA’s announcement “a historic step forward in the long fight to protect Bristol Bay, our fishery and our people.”

Bristol Bay’s tribal groups petitioned the EPA to implement protections via the Clean Water Act dating back to 2010, which gained support from various interested parties both in and out of Alaska and continued throughout the ensuing decade. According to a joint press release from United Tribes of Bristol Bay, Bristol Bay Economic Development Corporation and Bristol Bay Native Association, more than two million comments have been submitted to the EPA since the initial request for Clean Water Act protection.

“Bristol Bay’s Tribes have worked to protect our waters since time immemorial, and we are grateful that the EPA has decided to reinstate the process for permanent protections for Bristol Bay,” said Ralph Andersen, president and CEO of Bristol Bay Native Association. “We hope the agency will work quickly to incorporate all the available science into the proposed determination and issue a final determination that provides durable protections for the headwaters of our fishery.”

FIGHTING FOR SALMON Instate organizations SalmonState and

WHAT THEY’RE SAYING

Here’s more reaction to the EPA’s decision to reinstate Clean Water Act protections to the Bristol Bay watershed.

“This is a smart and significant step toward putting more durable safeguards in place for Bristol Bay’s fish, clean water, communities and businesses. This is an important layer of protection that makes it much more difficult for the Pebble Partnership, or any other companies in the future, to mine the Pebble ore deposit. Now is the time to get these muchneeded protections across the finish line, and we look forward to working with EPA and Congress to get it done. Let’s put the Pebble mine proposal in the rearview mirror for good so we can focus on a bright, prosperous and fish-filled future for Bristol Bay.” –Nelli Williams, Alaska director for Trout Unlimited

“It’s clear that (the) EPA is listening. Tribal, business and community leaders, along with millions of supporters, have been fighting the destructive Pebble Mine for more than a decade, urging the agency to save this national treasure. This decision will restart an in-depth agency process, and we’ll be fighting every step of the way to permanently protect the world’s greatest wild salmon fishery and the homeland of the Yup’ik, Dena’ina, and Alutiiq peoples.” –Joel Reynolds, senior attorney and western director for the Natural Resources Defense Council

“This news provides a welcome step toward certainty for our fishery and our communities. We’re thankful to see the EPA’s work to protect our waters back on track. Permanent protections will enable our region to focus on growing and diversifying sustainable economic opportunities and building a robust future – rather than defending our waters.” –Bristol Bay Economic Development Corp. CEO Norm Van Vactor

“Here we go again. It is unfortunate that politics continues to interfere with scientific evidence. Under President Joe Biden, we once again find ourselves dealing with Obama-era policies that were inappropriate then, and are inappropriate now. In the end, science and facts prevail over political pressure and misinformation. We fought and won against former President Obama’s heavyhanded political attempts to kill the project, and we will do the same again.” –Northern Dynasty Minerals president and CEO Ron Thiessen

“This is a pivotal moment for Bristol Bay fishermen. Our decades-long, locally led effort to permanently protect Bristol Bay, our thriving commercial fishery, and our communities from the Pebble Mine is finally back on track. –Katherine Carscallen, executive director of Commercial Fishermen for Bristol Bay.

“After over a decade of fighting to save our fishery and our jobs, we are thankful for EPA’s renewed action to protect Bristol Bay and the 15,000 American jobs and small businesses like mine. As Bristol Bay just wrapped up an all-time recordbreaking run, delivering 65 million salmon to our rivers, streams, fishing nets and onto tables all over the nation, we remain hopeful President Biden will see through his commitment to stand by the science and protect these irreplaceable salmon.” -John Fairbanks, Washington-based Bristol Bay commercial fisherman CC

Trout Unlimited’s Alaska chapter have been two of the most vocal supporters to keep Bristol Bay and its multi-billiondollar salmon fishing industry mine-free.

“The Environmental Protection Agency’s announcement that it plans to cease defending the Trump administration’s backroom deal abandoning science-based protections for the world’s most productive sockeye salmon habitat, Bristol Bay, is a step in the right direction,” a candid Tim Bristol, SalmonState’s executive director, said when the EPA’s decision was announced on Sept. 9.

“We encourage the Biden administration to finish the job and finalize Clean Water Act Section 404(c) protections for Bristol Bay, ensuring that the world’s largest wild salmon fishery and its 15,000 jobs and traditional salmonbased ways of life are no longer threatened by the proposed Pebble Mine.”

Early this year Trout Unlimited brought a lawsuit against the EPA’s 2019 withdrawal from protections (prior to the EPA’s decision, the Ninth Circuit Court of Appeals had ruled in favor of Trout Unlimited proceeding with its litigation).

Chris Wood, TU’s president and CEO, used the phrase “a victory for common sense” to describe the latest reversal back to protection status of the ore-rich landscape shared with the pristine salmon habitat of Bristol Bay’s waters.

“Blocking industrial-scale mining from Bristol Bay is the right thing to do for the Alaska Native Peoples who have depended on the fishery for millennia,” Wood said. “It is the right thing to do for the 17,000 family-wage jobs the $1.6 billion commercial fishery provides. It is the right thing to do for a place that provides half of all of the world’s wild sockeye salmon.”

WHAT’S NEXT? Northern Dynasty Minerals, the Canadian-based company spearheading the Pebble Mine project, reacted as it has throughout the process. All along it has believed a mine and the ecosystem could safely coexist despite other instances of harm done when comparable projects’ tailing dams failed and damaged nearby streams and rivers, such as the 2014 Mount Polley accident in British Columbia, Canada.

“The U.S. Army Corps of Engineers published an Environmental Impact Statement for Pebble in 2020 with input from many agencies including the EPA that states that the project can be done without harm to the region’s fisheries or water resources,” read Northern Dynasty’s statement. “The EIS further notes the tremendous economic opportunity the project represents for the communities around Iliamna Lake, where year-round jobs are scarce, and costs of living are quite high. Our focus remains on working through the formal appeal process via the USACE.”

Expect more pressure to be applied to the EPA and the Biden administration to deliver the permanent Bristol Bay protections that environmental and conservation groups have called for throughout the process.

Meanwhile, in this tennis-style back-and-forth matchup, the principles fighting for the fish were happy to hold serve. Filmmaker and Seattle resident Mark Titus has made two documentaries about the importance of salmon to the West Coast. His most recent project, The Wild (Alaska Sporting Journal, July 2020), focused exclusively on the residents of Bristol Bay and the impact its fish have on their lives. In a YouTube video, Titus thanked those same “salmon warriors” for continuing this still-ongoing fight.

“All the folks that have been locally on the ground working for 30 years to put an end to this and have the region that has the most intense and beautiful and fully intact wild salmon system left on earth remain intact,” Titus said. “Enjoy this, and we’ve got much more to come.” ASJ

As the fight for Bristol Bay’s salmon continues, the latest news was promising for locals like United Tribes of Bristol Bay president Robert Heyano, who called the EPA’s decision “a historic step forward in the long fight to protect Bristol Bay, our fishery and our people.” (THOMAS

QUINN/UNIVERSITY OF WASHINGTON)

Author Mary Catharine Martin and her family and good friends enjoyed a wonderful getaway to Hasselborg Lake in the Tongass National Forest on Admiralty Island. Her 2-year-old son Shiras and friend Sam Muse enjoyed the

peaceful fishing there. (MARY CATHARINE MARTIN)

AT PEACE AMONG THE LOONS, CUTTS

BY MARY CATHARINE MARTIN

Four years ago this August, my partner Bjorn and I flew into Admiralty Island’s Hasselborg Lake.

We fought through thick blueberry bushes and swarms of flies, angled our way up a steep trailless slope, and emerged into the alpine of a nearby mountain. A bear roared at us and crashed away.

We were in search of my first deer; I shot two with Bjorn’s expert coaching. We butchered them and stashed the meat in a shaded snowbank that had survived the summer, then camped on the ridge and carried the meat down the next day. We spent the rest of the visit fishing for cutthroat trout and guarding the meat from a marten that climbed down the rope we’d hung our full game bags from.

LET’S DO IT AGAIN! When our good friends Sam and Autumn suggested our two families and four boys fly to Hasselborg Lake this summer, we were happy to return. We planned to stay in two cabins just 100 yards or so apart and generally forget about cell phones, COVID and the stress of the last year and a half.

The last year and a half, however, hadn’t forgotten about us. A lastminute illness, a bad weather forecast and unavoidable scheduling conflicts meant that Bjorn, our boys and I initially cancelled.

But we ended up being able to fly in a day after Sam and Autumn. As we flew, our 2-year-old son Shiras sat on his dad’s

Autumn Muse found a great spot to take in the view in front of Big Shaheen cabin on Hasselborg Lake with her sons Miles (on her lap) and lap in the front seat and concentrated – his brow furrowed – on the estuaries, streams, lakes, mountains and oldgrowth landscapes unfurling below us.

Our 7-month-old, Theron, bounced on my lap. By the time Hasselborg Lake opened up below us, we were already happier and ready to skip our phones across the water like stones.

CHILLING OUT AT ‘BIG SHAHEEN’ Hasselborg Lake is named for Allen Hasselborg, a reclusive man who homesteaded in nearby Mole Harbor for decades, and one of the two cabins we were staying in was originally built as a base for a scientific expedition he guided in the early 1900s. That cabin, Big Shaheen, is situated on the southern-facing shore of a point that looks out over the south part of the lake. Little Shaheen looks west over the lake to Thayer Mountain, which is named for a timber surveyor who was the first – and, up until a few years ago – and only person recorded as killed by brown bears on Admiralty during the last century.

That first evening, Sam rowed the kids around as Bjorn cooked. Shiras and Silas, the two oldest, raced to see who could help reel in their parents’ catches first. As Autumn and I woke throughout the night to feed the babies, a pair of loons called to each other across the lake.

PUDDLES, PUZZLES AND A MILESTONE The next day we were forecasted to get a few inches of rain in less than 24 hours, so we settled in at the larger cabin with a 1,000-piece puzzle. We didn’t get far, but it ended up providing a half-hour of adult conversation as the older kids occupied themselves by hurling the pieces against the walls. Later, as the sun came out and I put the baby down for a nap, Bjorn cast for cutthroats in front of the cabin. “MC!” I heard him yell. “MC!” I ran outside to see him more excited than I had in years. “Get your camera!” he yelled. “Shiras is reeling in his first fish!”

Shiras was thrilled. “I have another one!” he yelled, Shiras-speak for, “Let’s do that again.”

Sam landed quite a few with his fly rod throughout the weekend. The two boys even cast some themselves using a

APPRECIATING THE TONGASS Watching those boys’ enjoyment, I felt thankful for the Biden administration’s recent announcement of its Southeast Alaska Sustainability Strategy. The aim is to put money where the true thriving economics and strengths of the Tongass National Forest lie – with sustainable uses, recreation, restoration, tourism, fisheries, and traditional activities.

Though Hasselborg Lake, located in a wilderness area, was not one of the spots that had been up for clearcut logging prior to the announcement, the trip filled me with gratitude for this renewed focus, which will help keep the Tongass a thriving place for years to come.

Proud papa Bjorn Dihle and son Shiras both enjoyed the latter’s first cutthroat trout catch.

It’s my hope that 30 years from now, Shiras, Theron, Silas and Miles can come to the same cabins we did, hunt deer on the same mountains, fish for cutthroat in the same lakes, and eat venison around a fire – and the Tongass will continue providing all it does to people in-region and around the world.

SAVOR THE FLAVOR (AND THE VIEW) The last full day of the trip, Bjorn and Sam departed early in search of deer. Bjorn was near-desperate – a summer out guiding wildlife film shoots meant he was way behind his two brothers in stocking up our freezer for the winter.

When they came back that evening with their packs full of venison, we wrapped backstrap in bacon and cooked it over the fire as we looked out over the lake.

The bugs came out and trout surfaced, snapping them off the water. The fog had cleared throughout the day and the loons’ haunting call echoed across the lake. ASJ

Editor’s note: Mary Catharine Martin is the communications director for SalmonState, an organization that works to ensure Alaska remains a place wild salmon and the people who depend on them thrive. Go to salmonstate.org for more information.

The parents hope the little ones of the crew, Miles Muse and Theron Dihle, both seven months old, can spend time at this sacred spot in Southeast Alaska for years

to come. (MARY CATHARINE MARTIN)

It was hard to say goodbye to the lake, but after a successful deer harvest, on the last night of the trip Bjorn roasted bacon-wrapped venison over the fire with Theron to end it in

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