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Polar Bear Cub on his back with one leg raised

March Advocacy Report: Our nation’s last true wild places.

by David Raskin, Friends Board President

The U.S. Senate finally confirmed Martha Williams as Director of the U.S. Fish and Wildlife Service. This welcome action was followed by the appointment of Sarah Boario as Alaska Regional Director. Now that these leadership positions have been filled, we hope that a Special Assistant for Alaska will be appointed soon.

Arctic National Wildlife Refuge
The Budget Reconciliation bill that includes repeal of the Arctic National Wildlife Refuge oil and gas program and a buy-back of all existing leases seems to be dead. There are glimmers of hope that Senator Manchin will support a lesser version that will include the Arctic Refuge lease repeal in a revised version of the legislation. This likely will not occur before summer, if at all. In the meantime, U.S. Fish and Wildlife Service (USFWS) and Bureau of Land Management (BLM) continue the lengthy and expensive process of developing the Supplemental environment impact statements (EIS) required by order of the Secretary. The federal lawsuit by the Alaska Industrial Development and Export Authority (AIDEA) and the State to stop the process will likely see many conservation organizations intervening on behalf of the government.


The threat to the Coastal Plain continues after the submission of the SF 299 application by Kaktovik Inupiat Corporation (KIC) for a winter right-of-way across the tundra in a wilderness study area. The validity of their claim that Kaktovik lands are an inholding without adequate and reasonable access must be decided by the Secretary in consultation with the Solicitor. If KIC prevails, there must be a notice of intent and a NEPA process. The significance of this effort by KIC is related to the Izembek application for a similar inholding right-of-way. If these questionable gambits succeed, it will make that process available for similar claims in other refuges and possibly all federal conservation units. That would be a disaster for all national conservation lands.

The contractor hired by the USFWS has composed a draft of the results of its evaluation of the Kaktovik claim of historical vehicle use for subsistence activities in the Arctic Refuge tundra, including wilderness study areas. However, they are still waiting to receive additional evidence from the applicant to support their claim.

Izembek National Wildlife Refuge
There is no word from the Court since oral arguments were held before the Ninth Circuit Court of Appeals on August 4 concerning the defendants’ appeal of our second successful lawsuit that stopped the illegal land transfer for the proposed road. We also await a final decision by USFWS regarding the State’s appeal of the denial of helicopter use in the designated Wilderness. After an extensive review by Department of the Interior (DOI), the findings have been sent to newly appointed Regional Director Sarah Boario in Anchorage to issue the final decision. We expect that the State’s appeal will be denied, but this may not occur before the Secretary visits King Cove, possibly in the spring.


Alaska Maritime National Wildlife Refuge
The comment period closed on the Bureau of Ocean Energy Management (BOEM) Draft EIS for the Lower Cook Inlet oil and gas development lease sale of approximately 1.09 million acres of seafloor from Kalgin Island in the north to Augustine Island in the south. The proposed developments would create drilling platforms, underwater pipelines, and greatly increased industrial transportation in Lower Cook Inlet and pose a high risk of oil spills that could seriously impact lands and wildlife in the Maritime Refuge. We await the issuance of the EIS.

Kenai National Wildlife Refuge
Oral arguments on the Federal Ninth Circuit appeal of the Kenai Refuge regulations by Safari Club International and the State were held on February 18. The Kenai regulations include a ban on baiting of brown bears and other sensible controls on trapping and predator control. Friends is one of many intervenor-defendants in support of the government. We were represented by Trustees for Alaska Staff Attorney Rachel Briggs who did an outstanding job. Based on the questions by the 3-justice panel, we expect that our victory in the Federal District Court will be upheld.

Yukon Flats National Wildlife Refuge
Hilcorp announced plans to begin seismic exploration in March on Doyon Corporation inholdings in the Yukon Flats Refuge.  There is great concern that this will lead to oil and gas development that could negatively impact wildlife and fisheries in the Refuge.

Sturgeon Decision
We are unaware of any action following the Supreme Court decision in Sturgeon v. Frost, 139 S. Ct. (1066) 2019. Based on this ruling and Alaska National Interest Lands Conservation Act (ANILCA) Sec. 103, the State of Alaska asserted primary jurisdiction over navigable waters on federal lands in Alaska.


Ambler Road
The Department of Interior announced that it will not allow work to proceed on the proposed road to the Ambler Mining District, reversing a pro-mining ruling from the Trump Administration. DOI wants to review the faulty environmental impact statement process. The Department asked the federal court to remand the right-of-way decision to the agency to correct the significant deficiencies in the underlying analyses. The Department will reconsider the analyses related to the National Environmental Protection Act, National Historic Preservation Act, and Alaska National Interest Lands Conservation Act. The DOI will suspend the right-of-way for the road during the review period to ensure that no ground-disturbing activity takes place that could potentially impact the resources in question. This is an important step to prevent this disastrous road from impacting national wildlife refuges and parks.




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February Advocacy Report: Looking forward, working hard

by David Raskin, Friends Board President

We continue to wait for the U.S. Senate to confirm Acting Director Martha Williams as the new Director of the U.S. Fish and Wildlife Service (USFWS). We expect that after her confirmation, the Executive Review Board will act to appoint a successor to Regional Director Greg Siekaniec who retired last August. We also hope that a Special Assistant for Alaska will be appointed soon..


Arctic National Wildlife Refuge

The Budget Reconciliation bill that includes repeal of the Arctic National Wildlife Refuge oil and gas program and a buy-back of all existing leases seems doomed after Senators Manchin and Sinema failed to support the bill passed by the House. We are hopeful that a compromise version will eventually be approved, and the Arctic Refuge lease repeal will remain in a revised version of the legislation. This may not occur before summer, if at all. In the meantime, USFWS and Bureau of Land Management (BLM) have begun the lengthy and expensive process of developing the Supplemental Environmental Impact Statement (EIS) required by order of the Secretary. This is an unfortunate waste of scarce resources if it is ultimately rendered moot by repeal of the leasing program. The Alaska Industrial Development and Export Authority (AIDEA) filed suit to stop the process and was joined by the State. We anticipate that many conservation organizations will intervene on behalf of the government.

The threat to the Coastal Plain continues after the completion of the SF 299 application by Kaktovik Inupiat Corporation (KIC) for a winter right-of-way across the tundra in a wilderness study area. The validity of their claim that Kaktovik lands are an inholding without adequate and reasonable access must be decided by the Secretary in consultation with the Solicitor. If KIC prevails, there must be a notice of intent and a NEPA process. The significance of this effort by KIC is related to the Izembek application for a similar inholding right-of-way. If these questionable gambits succeed, it will make that process available for similar claims in other refuges and possibly all federal conservation units. That would be a disaster for all national conservation lands.

The contractor hired by the USFWS composed a draft of the results of its evaluation of the Kaktovik claim of historical vehicle use for subsistence activities in the Arctic Refuge tundra, including Wilderness study areas. However, they are waiting to receive additional evidence from the applicant to support their claim.
Award-winning Arctic Refuge Manager Steve Berendzen transfers on February 11 to manage a refuge complex in the Lower 48. He will be greatly missed for his outstanding work to protect the Arctic Refuge from the continuing threats of development and incursions into its pristine wilderness.

Izembek National Wildlife Refuge
There still is no word from the court since oral arguments were held before the Ninth Circuit Court of Appeals on August 4 concerning the defendants’ appeal of our second successful lawsuit that stopped the illegal land transfer for the proposed road. We also await a final decision by USFWS regarding the State’s appeal of the denial of helicopter use in the designated Wilderness. The findings by the Acting Regional Director in Anchorage have been sent to Acting USFWS Director Martha Williams and then to the Assistant Secretary and the Deputy Secretary. A decision probably will not be issued until Martha Williams is confirmed but we expect that the State’s appeal will be denied. Also, we have no word on plans for the Secretary of the Interior’s visit to King Cove.

Alaska Maritime National Wildlife Refuge
The comment period closed on the Bureau of Ocean Energy Management (BOEM) Draft Environmental Statement (DEIS) for the Lower Cook Inlet oil and gas development lease sale of approximately 1.09 million acres of seafloor from Kalgin Island in the north to Augustine Island in the south. The proposed developments would create drilling platforms and underwater pipelines, pose a high risk of oil spills, and greatly increase industrial transportation in Lower Cook Inlet that could seriously impact lands and wildlife.in the Maritime Refuge. We await the issuance of the EIS.

Other Refuges
We have no significant updates on Kenai Refuge regulations or Yukon Flats Refuge oil exploration in Doyon inholdings.

Sturgeon Decision
We are unaware of further action following the Supreme Court decision in Sturgeon v. Frost, 139 S. Ct. (1066) 2019. Based on this ruling and Alaska National Interest Lands Conservation Act (ANILCA) Sec. 103, the State of Alaska asserted primary jurisdiction over navigable waters on federal lands in Alaska.




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January Advocacy Report: Changes that may make a difference

by David Raskin, Friends Board President

We hope that the U.S. Senate will vote this month to confirm Acting Director Martha Williams as the new Director of the U.S. Fish and Wildlife Service (USFWS). We expect that the Executive Review Board will act soon to appoint a successor to retired Regional Director Greg Siekaniec. During a productive meeting in Anchorage between representatives of national conservation organizations and Undersecretary Beaudreau, we expect that a Special Assistant for Alaska will be appointed soon.


Arctic National Wildlife Refuge

The Budget Reconciliation bill that includes repeal of the Arctic National Wildlife Refuge oil and gas program and a buy-back of all existing leases stalled after being passed by the House. This was caused by Senator Manchin’s refusal to support the House version. We are hopeful that a compromise version will eventually be approved, and the Arctic Refuge lease repeal will remain in a revised version of the legislation. In the meantime, USFWS and BLM must begin the lengthy and expensive process of developing the Supplemental Environmental Impact Statement (EIS) required by order of the Secretary. This will be an unfortunate waste of scarce resources if it is ultimately rendered moot by repeal of the leasing program.


There has been no development concerning the threat to the Coastal Plain posed by the SF 299 application by Kaktovik Inupiat Corporation (KIC) for a winter right-of-way across the tundra in a wilderness study area. The significance of this effort by KIC is related to the Izembek application for a similar inholding right-of-way. If these questionable gambits succeed, it will make that process available for similar claims in other refuges and possibly all federal conservation units. That would be a disaster for all national conservation lands.

The contractor hired by the USFWS continues its evaluation of the Kaktovik claim of historical vehicle use for subsistence activities in the Arctic Refuge tundra, including wilderness study areas.

Izembek National Wildlife Refuge
There still is no word from the Court since oral arguments were held before the Ninth Circuit Court of Appeals on August 4 concerning the defendants’ appeal of our second successful lawsuit that stopped the illegal land transfer for the proposed road. None of the parties asked for a stay, so we await further word from the Court. We also await a final decision by USFWS Acting Regional Director in Anchorage regarding the State’s appeal of the denial of helicopter use in the designated Wilderness, but we expect that the appeal will be denied.

Alaska Maritime National Wildlife Refuge
The comment period closed on the Bureau of Ocean Energy Management (BOEM) Draft Environmental Statement (DEIS) for the Lower Cook Inlet oil and gas development lease sale of approximately 1.09 million acres of seafloor from Kalgin Island in the north to Augustine Island in the south. The proposed developments would create drilling platforms, underwater pipelines, and greatly increased industrial transportation in Lower Cook Inlet and pose a high risk of oil spills that could seriously impact lands and wildlife in the Maritime Refuge.

Other Refuges
We have no significant updates on Kenai Refuge regulations or Yukon Flats Refuge oil exploration in Doyon inholdings. 

Sturgeon Decision
We are unaware of further action following the Supreme Court decision in Sturgeon v. Frost, 139 S. Ct. (1066) 2019. Based on this ruling and Alaska National Interest Lands Conservation Act (ANILCA) Sec. 103, the State of Alaska asserted primary jurisdiction over navigable waters on federal lands in Alaska.




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December Advocacy Report: Wildlife refuges are places where a majority of our nation’s animals find the habitat they need to survive.

by David Raskin, Friends Board President

The U.S. Senate held a confirmation hearing for Acting Director Martha Williams to become Director of the U.S. Fish and Wildlife Service (USFWS). We expect that she will be confirmed soon and will be a strong supporter of the Refuges. We still have no word on the possible successor to Regional Director Greg Siekaniec.  The Acting Regional Director is Karen Clark Cogswell, Brian Glaspell will become the Deputy Acting Regional Director, and Socheata Lor will become the Acting Regional Chief of Refuges 


Arctic National Wildlife Refuge
The Budget Reconciliation bill was passed by the House and includes repeal of the Arctic National Wildlife Refuge oil and gas program and a buy-back of all existing leases: Section 20001 of Public Law 115–97 is repealed, and any leases issued pursuant to section 20001 of Public Law 115–97 are hereby canceled, and all payments related to the leases shall be returned to the lessee(s) within 30 days of enactment of this section. The legislation is now in the lengthy Senate process and may receive a final vote this year or possibly in January. We expect that the Arctic Refuge lease repeal will remain in the final version of the legislation. In the meantime, the BLM issued the scoping report for the Supplemental EIS on the leasing program. Significantly, the USFWS was elevated to co-manage the Supplemental EIS with BLM. This was a very positive development due to successful efforts by USFWS to play a major role regarding this proposed development on a national wildlife refuge managed by the USFWS! Hopefully, this process will be rendered moot after the Budget Reconciliation becomes law.

The threat to the Coastal Plain concerning the SF 299 application by Kaktovik Inupiat Corporation (KIC) for a winter right-of-way across the tundra in a wilderness study area continues. The USFWS is waiting for KIC to provide additional information to complete their application. The significance of this effort by KIC is related to the Izembek application for a similar inholding right-of-way. Both claims of a surrounded inholding without access ignore the facts that Kaktovik and King Cove have marine access and other options. If these questionable gambits succeed, it will make that process available for similar claims in other refuges and possibly all federal conservation units. That would be a disaster for all national conservation lands.

The contractor hired by the USFWS continues its evaluation of Kaktovik’s claim of historical vehicle use for subsistence activities in the Arctic Refuge tundra, including wilderness study areas. Since in-person interviews in Kaktovik must be held as part of the process, it is doubtful that the final report will be completed before next year.

Izembek National Wildlife Refuge
There still is no word from the Court since oral arguments were held before the Ninth Circuit Court of Appeals on August 4 concerning the defendants’ appeal of our second successful lawsuit that stopped the illegal land transfer for the proposed road. None of the parties asked for a stay, so we await further word from the Court. 
 
The State had appealed the decision by USFWS that denied the use of helicopters for the Special Use Permits for activities in designated Wilderness. No final decision has been announced by the USFWS Acting Regional Director in Anchorage, but we expect that the appeal will be denied. 

Alaska Maritime National Wildlife Refuge
The Bureau of Ocean Energy Management (BOEM) issued the Draft Environmental Statement (DEIS) for the Lower Cook Inlet oil and gas development lease sale of approximately 1.09 million acres of seafloor from Kalgin Island in the north to Augustine Island in the south. The proposed developments would create drilling platforms, underwater pipelines, and greatly increased industrial transportation in Lower Cook Inlet and pose a high risk of oil spills which could seriously impact lands and wildlife in the Maritime Refuge. You can provide written comments at: boem.gov/ak258. Click HERE  for more information. The public comment period closes December 13.

Other Refuges
We have no significant updates on Kenai Refuge regulations or Yukon Flats Refuge oil exploration in Doyon inholdings.  The Yukon Delta Refuge closed hunting on the Mulchatna caribou herd, but there are abundant moose to support subsistence hunting. The State continues to monitor predation of the herd with regard to possible predator control in the Yukon Delta and Togiak Refuges. However, existing evidence indicates that predation is not the primary cause of recent declines in the caribou population.




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November Advocacy Report: Some changes are coming

by David Raskin, Friends Board President

The Secretary of Interior nominated Acting Director Martha Williams to be Director of the U.S. Fish and Wildlife Service (USFWS). We expect that she will be a strong supporter of the Refuges. We have no word on the possible successor to Regional Director Greg Siekaniec. Acting Regional Director is Karen Clark Cogswell. 

Arctic National Wildlife Refuge
The Budget Reconciliation bill includes repeal of the Arctic National Wildlife Refuge oil and gas program and a buy-back of all existing leases. The text of the current House bill: Section 20001 of Public Law 115–97 is repealed, and any leases issued pursuant to section 20001 of Public Law 115–97 are hereby cancelled, and all payments related to the leases shall be returned to the lessee(s) within 30 days of enactment of this section. 

The reconciliation bill has been repeatedly delayed due to negotiations with conservative senators and representatives over their objections about its size and timing and is expected to be taken up by the full House early this month. 

The threat to the Coastal Plain concerning the SF 299 application by Kaktovik Inupiat Corporation (KIC) for a winter right-of-way across the tundra in a wilderness study area continues. The USFWS review of their application determined that KIC must provide additional information to complete their application. There was a 30-day period for review of an updated application, but we have not heard anything from USFWS. The significance of this effort by KIC is related to the Izembek application for a similar inholding right-of-way. Both claims of a surrounded inholding without access ignore the facts that Kaktovik and King Cove have marine access and other options. If these questionable gambits succeed, it will make that process available for similar claims in other refuges and possibly all federal conservation units. That would be a disaster for all national conservation lands.

The report from the contractor hired to evaluate Kaktovik’s claim of historical vehicle use for subsistence activities in the Arctic Refuge tundra, including wilderness study areas, is scheduled to be completed in December.

Izembek National Wildlife Refuge
There has been no word from the Court since oral arguments were held before the Ninth Circuit Court of Appeals on August 4 concerning the defendants’ appeal of our second successful lawsuit that stopped the illegal land transfer for the proposed road. Since Secretary Haaland postponed her trip due to concerns about the high level of Covid-19 infections in Alaska, we have not heard how this might influence the Court’s decision regarding a possible stay of the proceedings. None of the parties asked for a stay, so we await further word from the Court. The State appealed the decision by U.S. Fish and Wildlife Service (USFWS) that denied the use of helicopters for the Special Use Permits for activities in designated Wilderness. No final decision has been announced by the USFWS Acting Regional Director in Anchorage, but we expect that the appeal will be denied. 

Alaska Maritime National Wildlife Refuge
The Bureau of Ocean Energy Management (BOEM) issued a Draft Environmental Statement (DEIS) for a Lower Cook Inlet oil and gas development lease sale of approximately 1.09 million acres of seafloor from Kalgin Island in the north to Augustine Island in the south. The proposed developments would create drilling platforms, underwater pipelines, and greatly increased industrial transportation in Lower Cook Inlet and pose a high risk of oil spills which could seriously impact lands and wildlife in the Maritime Refuge. BOEM will hold virtual public hearings November 16, 17, and 18 and a public comment period which closes December 13. You can register to testify and provide written comments at: boem.gov/ak258. Click HERE  for more information.

Other Refuges

We have no significant updates on Kenai Refuge regulations, Yukon Flats Refuge oil exploration in Doyon inholdings, the Mulchatna caribou herd and possible predator control in Yukon Delta and Togiak Refuges, and the BLM Central Yukon Plan

Sturgeon Decision
We are unaware of further action following the Supreme Court decision in Sturgeon v. Frost, 139 S. Ct. (1066) 2019. Based on this ruling and Alaska National Interest Lands Conservation Act (ANILCA) Sec. 103, the State of Alaska asserted primary jurisdiction over navigable waters on federal lands in Alaska.




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October Advocacy Report: when we know, we can act.

by David Raskin, Friends Board President

Arctic National Wildlife Refuge
The Budget Reconciliation bill includes repeal of the Arctic National Wildlife Refuge oil and gas program and a buy-back of all existing leases. However, the reconciliation bill has been delayed due to negotiations with conservative senators and representatives over their objections about its size and timing and is expected to be taken up by the full House later this month. 
 
Extensive comments on the Notice of Intent of scoping for the Supplemental EIS (SEIS) were prepared by many organizations and experts and were organized and submitted by Trustees for Alaska. Friends and more than 20 other organizations signed on to the comments. The scoping report by the BLM is expected by the end of the year.
 
The threat to the Coastal Plain concerning the SF 299 application by Kaktovik Inupiat Corporation (KIC) for a winter right-of-way across the tundra in a wilderness study area continues. The USFWS reviewed their application and determined that KIC will need to provide additional information to complete their application. There will be a 30-day review period of an updated application. The significance of this effort by KIC is related to the Izembek application for a similar inholding right-of-way. Both claims of a surrounded inholding without access ignore the facts that Kaktovik and King Cove have marine access and other options. If these questionable gambits succeed, it will make that process available for similar claims in other refuges and possibly in national parks and all federal conservation units. That would be a disaster for all national conservation lands.
 
The contractor’s evaluation of the Kaktovik claim of historical vehicle use for subsistence activities in the Arctic Refuge tundra, including Wilderness study areas, is progressing and should be completed sometime in December. The decision will be made by the Arctic Refuge Manager.


Izembek National Wildlife Refuge
There has been no word from the Court since oral arguments were held before the Ninth Circuit Court of Appeals on August 4 concerning the defendants’ appeal of our second successful lawsuit that stopped the illegal land transfer for the proposed road. However, on September 6, Department of the Interior (DOI) announced that Secretary of the Interior Haaland postponed her trip due to concerns about the high level of COVID-19 infections in Alaska, but we have not heard how this latest development might influence the Court’s decision regarding a possible stay of the proceedings. In the meantime, the State has appealed the decision by USFWS that denied the use of helicopters for the Special Use Permits for activities in designated Wilderness. The final decision will be made by the USFWS Acting Regional Director in Anchorage. We expect that the appeal will be denied. 

Other Refuges
We have no significant updates on Kenai refuge regulations, Yukon Flats refuge oil exploration in Doyon inholdings, the Mulchatna caribou herd and possible predator control in Yukon Delta and Togiak refuges, and the BLM Central Yukon Plan

Sturgeon Decision
We are unaware of further action following the Supreme Court decision in Sturgeon v. Frost, 139 S. Ct. (1066) 2019. Based on this ruling and Alaska National Interest Lands Conservation Act (ANILCA) Sec. 103, the State of Alaska asserted primary jurisdiction over navigable waters on federal lands in Alaska.




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September Advocacy Report: Add your comments!

by David Raskin, Friends Board President

Arctic National Wildlife Refuge
The House Natural Resources Committee marked up their portion of the Budget Reconciliation bill that includes repeal of the Arctic National Wildlife Refuge oil and gas program and a buy-back of all existing leases. The language will now be merged into the full reconciliation bill and taken up by the full House. This successful effort was led by the excellent lobbying work by Arctic National Wildlife Refuge (ARDC). 
 
The comment period for the Notice of Intent of scoping for the Supplemental EIS (SEIS) is open until October 4
, 2021. BLM is holding six virtual scoping meetings for the SEIS that will take place September 14, 15, and 16. If the reconciliation bill is enacted with the House language that terminates the Arctic drilling leases, this exercise will become moot. 
 
A new threat to the Coastal Plain emerged with an SF 299 application by Kaktovik Inupiat Corporation (KIC) for a winter right-of-way across the tundra in a wilderness study area. KIC claims to be an inholding according to provisions of ANILCA, like the claim made by King Cove for a road through the Izembek Wilderness. KIC had previously been granted an emergency permit to move school modules across the ice in winter, but this request is for an annual permit to move goods and supplies across land each year. Like King Cove, Kaktovik seems not to qualify as an inholding since it has marine access and other alternatives for the proposed uses. The Fish and WIldlife Service (FWS) review of their application must be completed by October 5 to determine the additional information that KIC will need to include to complete the application. 


Izembek National Wildlife Refuge

Oral arguments were held before the Ninth Circuit Court of Appeals on August 4 concerning the defendants’ appeal of our second successful lawsuit that stopped the illegal land transfer for the proposed road. Trustees for Alaska did an outstanding job of arguing our position. During this session, the Court suggested a possible stay of the proceedings until after Secretary of the Interior Haaland’s scheduled September 17 visit to King Cove. The Court was concerned that after her visit, the Secretary might take actions that would effectively resolve the lawsuit and waste the resources of the Court if the proceedings were not stayed. The plaintiffs indicated that we would not oppose a stay of the proceedings, but the Government and the State opposed a stay. However, on September 6, the Department of the Interior (DOI) announced that Secretary Haaland postponed her trip due to concerns about the high level of Covid-19 infections in Alaska. We have not heard how this latest development might influence the Court’s decision regarding a possible stay of the proceedings.

The Fish and Wildlife Servic (FWS) denied the use of helicopters to access the Izembek Wilderness in special use permits requested by the State Department of Transportation to inventory cultural resources and wetlands for the proposed Isthmus Road. The FWS issued permits that required access by foot, but the State has refused to sign the permits without helicopter access. We are very pleased that there will be no on-the-ground-activity this summer.

Sturgeon Decision
There has been no further action following the Supreme Court decision in Sturgeon v. Frost, 139 S. Ct. (1066) 2019. Based on this ruling and ANILCA Sec. 103, the State of Alaska asserted primary jurisdiction over navigable waters on federal lands in Alaska.

Other Refuges
We have no significant updates on Kenai Refuge regulations, Yukon Flats Refuge oil exploration in Doyon inholdings, the Mulchatna caribou her and possible predator control in Yukon Delta and Togiak Refuges, and the BLM Central Yukon Plan.




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The conservation community speaks. July/August Advocacy Report

by David Raskin, Friends Board President

Appointments to DOI and the USFWS continue to move very slowly through the Senate. We still do not know if/when there will be an appointment of a Special Assistant for Alaska. If these processes drag on for much longer, it may be difficult to achieve important conservation goals for Izembek, Arctic, and other Refuges.

Arctic National Wildlife Refuge
On June 1, the Department of the Interior suspended all activities related to the implementation of the Coastal Plain Oil and Gas Leasing Program in the Arctic National Wildlife Refuge. Secretarial Order 3401 directs the Department to initiate a comprehensive environmental analysis to review the potential impacts of the leasing program and to address legal deficiencies in the current leasing program’s environmental review under NEPA. The Department notified lessees that it has suspended oil and gas leases in the Arctic Refuge, pending the review, to determine whether the leases should be reaffirmed, voided, or subject to additional mitigation measures. However, the review and Draft Environmental Statement to be completed in eight months has been assigned to BLM and the USFWS will not be a full participant. This will make it more difficult to ensure that the mission of the USFWS to protect the Coastal Plain will be fully implemented.

The Arctic Refuge Defense Campaign (ARDC) is monitoring the timing of the upcoming Senate budget reconciliation and whether it will include a cancellation of the leases.  Votes on the Budget Resolution could occur before the August recess.

Conservation CEO meetings with key decision makers continued and included meetings with Senate Majority Leader Schumer and Speaker Polosi.  ARDC is developing a paid media campaign in D.C. and target states to ramp up visibility on the Arctic Refuge in anticipation of a possible vote in Late July. Friends made a substantial donation to this. On July 12 in Homer, Friends hosted ARDC Assistant Director, Becca Appel, for a training session on the campaign and what Friends can do to further assist the campaign.

The Arctic Refuge Protection Act continues to gain co-sponsors and is currently at 117 co-sponsors in the House and 30 in the Senate.  ARDC members continue to hold meetings to increase co-sponsorship for the bills.

Izembek National Wildlife Refuge
On June 2, Friends participated in an hour-long special meeting with DOI officials that included, Special Advisor to the Secretary Raina Thiele, Assistant Secretary for Fish and Wildlife Shannon Estenoz, Acting FWS Director Martha Williams, and a DOI Assistant Solicitor. The meeting was requested and superbly organized by Defenders of Wildlife Alaska Director Nicole Whittington-Evans. It included presentations by Nicole, Wilderness Society Alaska Director Karlin Itchoak, former Indian Health Services local director Dr. Pete Mjos, NWRA Vice President and Friends Board Member Caroline Brouwer, Former Special Assistant for Alaska to Secretary of Interior Deborah Williams, Defenders of Wildlife Alaska Senior Policy Advisor Patrick Lavin, and me. We presented very detailed descriptions of the history and all major aspects and arguments against the proposed road, which we hope were effective in educating the DOI officials about the problems and need to reject the road.

The Bernhardt memo authorizing the permitting process for the proposed Izembek road was withdrawn July 15, but DOI says that will not preclude field work. The State of Alaska has reduced its applications for summer work to include only wetland delineations and cultural resources to support resubmitting their application under ANILCA Title XI to construct a road through the biological heart of the Izembek Refuge Wilderness. The Alaska Regional Office of FWS denied the State’s plans to use helicopters to access the Izembek Wilderness. They released a compatibility determination with public comments open until August 8.Izembek WR Public Review Opportunity info can be found here.  Activity could begin in August but permitting summer field work does not necessarily indicate a policy decision on the proposed road. The State will have to comply with the Wilderness Act, Alaska National Interest Lands Conservation Act, and the National Wildlife Refuge System Improvement Act. In the meantime, we await the decision by the Ninth Circuit Court of Appeals concerning the defendants’ appeal of our second successful lawsuit that stopped the illegal land transfer for the proposed road. We were disappointed that the new administration is continuing this appeal, with oral arguments scheduled for August 4. 


Sturgeon Decision
We have not seen further action following the Supreme Court decision in Sturgeon v. Frost, 139 S. Ct. (1066) 2019 was the announcement by the State of Alaska concerning federal waters on the Kenai Peninsula, including the Kenai NWR. Based on this ruling and ANILCA Sec. 103, the State of Alaska asserted primary jurisdiction over navigable waters on federal lands in Alaska. They can apply for quiet title through the courts or to BLM for a disclaimer of interest. If they succeed, they will be able to manage navigable waterways in refuges and parks that might include many rivers and lakes and wild and scenic rivers. This would require a determination of which are navigable waters, which have never been clearly defined. This creates a frightening potential for access to mining, motorized recreation, and oil and gas development on refuge rivers, lakes, and lands. We will work with DOI and refuge staff to minimize these potential impacts.

Other Refuges
We have no significant updates on Yukon Flats NWR oil exploration in Doyon inholdings, the Mulchatna caribou herd and possible predator control in Yukon Delta and Togiak NWRs, and the BLM Central Yukon Plan.




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Moving forward, slowly. May Advocacy Report

By David Raskin, Friends Board President

Appointments to Department of the Interior (DOI) and the United States Fish and WIldlife Service (USFWS) are moving through the Senate very slowly. It is not clear how long it will take for nominations and confirmations of key personnel, including the Director of USFWS. We are particularly concerned about whether there will be an appointment of a Special Assistant for Alaska. If these processes drag on for too long, it may be difficult to achieve important conservation goals for Izembek, Arctic, and other Refuges.

Sturgeon Decision
The most recent action following the Supreme Court decision in Sturgeon v. Frost, 139 S. Ct. (1066) 2019 was the announcement by the State of Alaska concerning federal waters on the Kenai Peninsula, including the Kenai Refuge. Based on this ruling and Alaska National Interest Lands Conservation Act (ANILCA) Sec. 103, the State of Alaska asserted primary jurisdiction over navigable waters on federal lands in Alaska. They can apply for quiet title through the courts or to BLM for a disclaimer of interest. If they succeed, they will be able to manage navigable waterways in refuges and parks that might include many rivers and lakes and wild and scenic rivers. This would require a determination of which are navigable waters, which have never been clearly defined. This creates a frightening potential for access to mining, motorized recreation, and oil and gas development on refuge rivers, lakes, and lands. We need to work with DOI and refuge staff to minimize these potential impacts.

Arctic National Wildlife Refuge
The moratorium on all oil and gas activities in the Arctic Refuge continues under President Biden’s executive order that directs the Interior Department to review the oil-leasing program for the Refuge, and “as appropriate and consistent with applicable law,” to do a new analysis of its potential environmental impacts. The Arctic Refuge Defense Coalition (ARDC) continues to monitor the impacts of President Biden’s Executive Order, including what it means for seismic exploration in the Refuge and the leasing program overall. In the meantime, the 60-day stay in litigation which was to end in mid-April has been extended until June 11. We are waiting for an announcement from BLM that they have denied or not acted upon the seismic application following the Incidental Harassment Authorization (IHA) not being acted upon. 

The lease holder 88 Energy may be planning to do directional drilling from the adjacent State land on which they hold a lease. The ARDC continues to put pressure on 88 Energy to halt their plans. We will watch for any news on threats to the Refuge.  

The potential damage to the Arctic Refuge by the recent claim by Kaktovik that they have an established right to use off-highway vehicles (OHV) for subsistence hunting in the Refuge is the subject of a year-long study under contract to USFWS to be completed by December 23, 2021. The study is gathering information to determine if there is a factual basis for their claim that there are established traditional uses of OHVs in the Refuge. In the meantime, the solicitor’s opinion issued under the prior administration determined that the Refuge is currently open to OHV uses for subsistence because no formal policy prohibits such uses. We are hopeful that Robert Anderson will be confirmed as DOI Solicitor and will re-examine that decision, which many believe was an incorrect interpretation to allow OHV use in the Refuge.

Izembek National Wildlife Refuge
The Alaska FWS is working on the State of Alaska’s four revised applications to do summer work to support resubmitting their application to construct a road through the biological heart of the Izembek Refuge Wilderness. There is extreme political pressure to approve these permits for wetland delineations, endangered species, and cultural resources. The State plans to use helicopters to access the designated Wilderness, which could complicate the permit process and possibly result in litigation. If the process does proceed, it will likely take at least a year for the required NEPA process. The State also needs a Clean Water Act 404 permit from the Army Corps of Engineers and is seeking other ANILCA temporary permits. There are also National Environmental Policy Act (NEPA) requirements and other ANILCA permitting requirements that apply to this process. We hope that the new administration will ultimately rule that this latest assault on the Izembek Wilderness by the State and King Cove is not allowed under ANILCA. In the meantime, we await the decision by the Ninth Circuit Court of Appeals concerning the defendants’ appeal of our second successful lawsuit that stopped the illegal land transfer for the proposed road. We are hopeful that the new administration will abandon the appeal.

Other Refuges
We have no no significant update on oil exploration on Doyon inholdings in the Yukon Flats Refuge, the Mulchatna caribou herd and possible predator control in Yukon Delta and Togiak Refuges, and the BLM Central Yukon Plan.

 

(pc: Becky Hutchinson)




Open post

Sometimes things move slowly. May/June Advocacy Report

  by David Raskin, Friends Board President

Appointments to Department of the Interior (DOI) and the United States Fish and WIldlife Service (USFWS) are moving through the Senate very slowly. It is not clear how long it will take for nominations and confirmations of key personnel, including the Director of USFWS. We are particularly concerned about whether there will be an appointment of a Special Assistant for Alaska. If these processes drag on for too long, it may be difficult to achieve important conservation goals for Izembek, Arctic, and other Refuges.

Sturgeon Decision
The most recent action following the Supreme Court decision in Sturgeon v. Frost, 139 S. Ct. (1066) 2019 was the announcement by the State of Alaska concerning federal waters on the Kenai Peninsula, including the Kenai Refuge. Based on this ruling and Alaska National Interest Lands Conservation Act (ANILCA) Sec. 103, the State of Alaska asserted primary jurisdiction over navigable waters on federal lands in Alaska. They can apply for quiet title through the courts or to BLM for a disclaimer of interest. If they succeed, they will be able to manage navigable waterways in refuges and parks that might include many rivers and lakes and wild and scenic rivers. This would require a determination of which are navigable waters, which have never been clearly defined. This creates a frightening potential for access to mining, motorized recreation, and oil and gas development on refuge rivers, lakes, and lands. We need to work with DOI and refuge staff to minimize these potential impacts.

Arctic National Wildlife Refuge

The moratorium on all oil and gas activities in the Arctic Refuge continues under President Biden’s executive order that directs the Interior Department to review the oil-leasing program for the Refuge, and “as appropriate and consistent with applicable law,” to do a new analysis of its potential environmental impacts. The Arctic Refuge Defense Coalition (ARDC) continues to monitor the impacts of President Biden’s Executive Order, including what it means for seismic exploration in the Refuge and the leasing program overall. In the meantime, the 60-day stay in litigation which was to end in mid-April has been extended until June 11. We are waiting for an announcement from BLM that they have denied or not acted upon the seismic application following the Incidental Harassment Authorization (IHA) not being acted upon. 

The lease holder 88 Energy may be planning to do directional drilling from the adjacent State land on which they hold a lease. The ARDC continues to put pressure on 88 Energy to halt their plans. We will watch for any news on threats to the Refuge.  

The potential damage to the Arctic Refuge by the recent claim by Kaktovik that they have an established right to use off-highway vehicles (OHV) for subsistence hunting in the Refuge is the subject of a year-long study under contract to USFWS to be completed by December 23, 2021. The study is gathering information to determine if there is a factual basis for their claim that there are established traditional uses of OHVs in the Refuge. In the meantime, the solicitor’s opinion issued under the prior administration determined that the Refuge is currently open to OHV uses for subsistence because no formal policy prohibits such uses. We are hopeful that Robert Anderson will be confirmed as DOI Solicitor and will re-examine that decision, which many believe was an incorrect interpretation to allow OHV use in the Refuge.

Izembek National Wildlife Refuge
The Alaska FWS is working on the State of Alaska’s four revised applications to do summer work to support resubmitting their application to construct a road through the biological heart of the Izembek Refuge Wilderness. There is extreme political pressure to approve these permits for wetland delineations, endangered species, and cultural resources. The State plans to use helicopters to access the designated Wilderness, which could complicate the permit process and possibly result in litigation. If the process does proceed, it will likely take at least a year for the required NEPA process. The State also needs a Clean Water Act 404 permit from the Army Corps of Engineers and is seeking other ANILCA temporary permits. There are also National Environmental Policy Act (NEPA) requirements and other ANILCA permitting requirements that apply to this process. We hope that the new administration will ultimately rule that this latest assault on the Izembek Wilderness by the State and King Cove is not allowed under ANILCA. In the meantime, we await the decision by the Ninth Circuit Court of Appeals concerning the defendants’ appeal of our second successful lawsuit that stopped the illegal land transfer for the proposed road. We are hopeful that the new administration will abandon the appeal.

Other Refuges
We have no significant update on oil exploration on Doyon inholdings in the Yukon Flats Refuge, the Mulchatna caribou herd and possible predator control in Yukon Delta and Togiak Refuges, and the BLM Central Yukon Plan.




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