EPA recommends added Bristol Bay protections

An overhead view of the Pebble Mine deposit area. In late May the Environmental Protection Agency’s Proposed Determination recommended further protection for the Bristol Bay watershed from projects like the copper and gold mine the Pebble Partnership wants to dig. (EPA)

EPA RECOMMENDS ADDED PROTECTIONS FOR BRISTOL BAY

BY CHRIS COCOLES

After delaying its Proposed Determination amid pleas to implement more permanent protection for the Bristol Bay watershed, the Environmental Protection Agency recommended what Pebble Mine opponents have called for.

On May 26, the EPA’s revised report called for these new mandates “under Clean Water Act Section 404(c) to prohibit and restrict the use of certain waters in the Bristol Bay watershed as disposal sites for the discharge of dredged or fill material associated with mining the Pebble Deposit.”

“If finalized, EPA’s Section 404(c) determination would help protect the Bristol Bay watershed’s rivers, streams, and wetlands that support the world’s largest sockeye salmon fishery and a subsistence-based way of life that has sustained Alaska Native communities for millennia,” the EPA continued.

EPA administrator Michael S. Regan cited Bristol Bay and its plentiful salmon runs as an example of a “vibrant ecosystem” that’s critical for a healthy

local community and the financial impact it can have on the economy by staying untouched.

“EPA is committed to following the science, the law, and a transparent public process to determine what is needed to ensure that this irreplaceable and invaluable resource is protected for current and future generations,” Regan added.

‘WHAT A RELIEF’ For those who have fought the copper and gold mine project for years and endured ups and downs of the process – the US Army Corps of Engineers first approved a version of the Pebble Mine before reversing course and denying the permit application – the news o ered another glimmer of hope their determination will be rewarded for good.

“What a relief to see progress on something local people and businesses have been requesting for so long. This provides another layer of certainty that prevents the Pebble Mine from moving forward and takes some of the stress away from local businesses like ours,” said Bear Trail Lodge owner Nanci Morris Lyon. “This step allows us to plan for the future without constantly having to worry that a

MORE REACTIONS TO EPA RULING

“T his proposal is good news for Bristol Bay, and it could not come at a more opportune time, as millions of sockeye salmon return to their home waters and the people of the region ready their nets to once again engage in annual subsistence and commercial fishing activities. Nevertheless, no one in Bristol Bay will rest until this 404(c) action is finalized. We look forward to participating in the public processes that will lead to a final determination before the end of the calendar year.” -Bristol Bay Native Corporation president and CEO Jason Metrokin

“EPA’s announcement that it is working on protections for our home is great news. There is no safe place to store mine waste at the headwaters of Bristol Bay, and EPA’s action must prevent this in any of the critical subwatersheds that support the productivity of our wild salmon and all they sustain.” -Bristol Bay Economic Development Corporation board chair Robin Samuelsen

“This is a fantastic step forward that Alaskans have been urging for over a decade. It’s clear that the EPA is taking the decades of strong science into consideration and the concerns of the people and businesses in Bristol Bay seriously. Advancing 404(c) is a welcome and essential piece of the puzzle for keeping Bristol Bay’s fisheries, and the communities, industries and opportunities they support vibrant.” -Alaska director for Trout Unlimited Nelli Williams

“Two decades of scientific study show us that mining the Pebble Deposit would cause permanent damage to an ecosystem that supports a renewable economic powerhouse and has sustained fishing cultures since time immemorial. Clearly, Bristol Bay and the thousands of people who rely on it deserve the highest level of protection.”

-EPA Region 10 regional administrator Casey Sixkiller

“This is great news for all those preparing for what should be another incredible fishing season in Bristol Bay. (The EPA’s) announcement is a key step towards what can and should be one of the Biden Administration's signature achievements – protection of the world's most productive and profitable wild salmon fishery.” -SalmonState executive director Tim Bristol giant mine, unwanted by the vast majority of Bristol Bay residents and Alaskans, will threaten what we have here.”

Fellow Bristol Bay lodge owner Brian Kraft is also president of the Katmai Service Providers, which includes Kraft’s Alaska Sportsman’s Lodge and 63 other Alaska businesses in the fishing, hunting and tourism industry. He called the decision “great news heading into our busiest time of the year.”

Kraft applauded the EPA for recognizing the value of Bristol Bay’s rivers and streams for the fishing industry and establishments such as his main lodge on the Kvichak River, just 4 miles from the western shore of Lake Iliamna. The Pebble mineral deposit is 20 air miles from the northern end of the lake downstream from Upper Talarik Creek, which flows into Iliamna and then the Kvichak.

“If these proposed protections are finalized, they will prohibit and restrict the discharge of mine waste into rivers, streams and wetlands of the North and South Fork of the Koktuli River and Upper Talarik Creek, rivers that would be heavily impacted if the Pebble Mine was built,” Trout Unlimited stated in a press release.

“There are no good arguments for a large-scale mining operation in the headwaters of some of the world’s best and most critical salmon habitat,” said Chris Wood, TU president and CEO. “The Clean Water Act is designed to safeguard special places like these. We are pleased that the EPA is listening to Alaskans and anglers across the country and acting on the science showing that mining in Bristol Bay would lead to unacceptable impacts on Alaska’s lands and waters.”

PEBBLE CALLS OUT POTUS In a statement, Pebble Partnership called out the Biden Administration for taking “clearly a giant step backwards” in terms of climate change goals.

“I find it ironic that the President is using the Defense Production Act to get more renewable energy minerals such as copper into production, while others in the Administration seek political ways to stop domestic mining projects such as ours,” said John Shively, Pebble Partnership CEO.

“As we are still actively working through the established permitting process via our appeal of the Army Corps of Engineers

“If finalized, EPA’s Section 404(c) determination would help protect the Bristol Bay watershed’s rivers, streams, and wetlands that support the world’s largest sockeye salmon fishery and a subsistence-based way of life that has sustained Alaska Native communities for millennia,” the EPA said in a press release. (THOMAS QUINN/

UNIVERSITY OF WASHINGTON)

permit denial, we oppose any action that is outside of that process.”

But try telling that to Bristol Bay’s Native population, which has been harvesting the watershed’s salmon for generations. Alannah Hurley, executive director of the United Tribes of Bristol Bay, calls the tribal interests in and around Bristol Bay “the stewards of these lands and waters since time immemorial.”

“Our people welcome this step towards permanent protections for our waters and way of life,” Hurley said. “It’s clear the science supports the need for our region’s headwaters to be protected from a mine like Pebble’s impacts, at the site and downstream. We appreciate EPA’s e orts to address the threat Pebble poses to our lands, waters and way of life in Bristol Bay, and hope to see the agency finalize strong protections this year.” ASJ

Editor’s note: For more on the EPA’s plan for Bristol Bay, go to epa.gov/bristolbay.