Category: Advocacy Updates

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.

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)

  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.

  by David Raskin, Friends Board President

Deborah Haaland was confirmed as the first Indigenous Secretary of the Interior. Both Alaska U.S. senators voted for her confirmation. The conservation community looks forward to working with her and her appointments to DOI and the USFWS. We are particularly concerned about the upcoming choice of her Special Assistant for Alaska. This is the letter that Friends sent to Secretary Haaland and key staff concerning her choice and related Izembek issues.

Sturgeon Decision
There have been serious repercussions from 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. 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 Department of the Interior (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. In the meantime, the lawsuits to nullify the lease sales by the conservation community were stayed for 60 days that likely will be extended another 60 days.
 
The lease holder 88 Energy may be planning to do directional drilling from the adjacent State land on which they hold a lease. The Arctic Refuge Defense Campaign is putting pressure on 88 Energy to halt their plans. We will watch for any news on this latest threat to the Refuge.  
 
Meanwhile, the Kaktovik Inupiat Corporation (KIC) application for seismic exploration this winter on their inholding was not granted because it did not meet the February 13 deadline set by USFWS. This resulted from the failure of FWS to act on the required Incidental Harassment Authorization (IHA) because they ran out of time to analyze the 6 million comments they had received. KIC criticized FWS for delaying the permit process and has reapplied for a permit to conduct seismic exploration next winter. We understand that the IHA is nearly complete and is awaiting guidance from DOI about its issuance. It is related to a possible permit from BLM for seismic exploration next winter.
 
The threat to the Arctic Refuge by the recent claim by Kaktovik that they can 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 addition, 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 recently nominated DOI Solicitor Robert Anderson will re-examine that decision, which many believe was an incorrect interpretation that allows OHV use in the Refuge.

Izembek National Wildlife Refuge
The State of Alaska is working on their revised application to construct a road through the biological heart of the Izembek Refuge Wilderness. The Biden Administration 60-day pause of all FWS permitting processes expires this month, and we are waiting to see how DOI proceeds under Secretary Haaland. If the permit process does proceed, it will likely take at least a year for the required National Environmental Policy Act (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 for site investigation, including wetland delineations, endangered species, and cultural resources. There are also NEPA requirements and other ANILCA permitting requirements that apply to this process. We hope that the new administration will ultimately halt this latest assault on the Izembek Wilderness by the State and King Cove. 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.

Central Yukon Management Plan
The recently released Bureau of Land Management (BLM) Central Yukon Draft Resource Management Plan and Draft EIS affects 56 million acres of public lands, which include 13.1 million acres of BLM-managed lands along the Dalton Highway and Central Yukon areas. Their proposed plan could open up many areas to mining and other developments that would negatively impact wildlife, habitat, and fisheries of many tributaries that flow into the Yukon River and several refuges. Together with the National Wildlife Refuge Association, Friends submitted comments and worked with other organizations that succeeded in having the comment period extended until June 9, 2021 

Yukon Flats National Wildlife Refuge
Doyon Corporation is working with Hilcorp to develop a plan for exploration and possible drilling on Doyon’s inholdings in the Refuge. They plan to do exploratory drilling on Doyon inholdings but will not need a permit for these activities that will be conducted using helicopters. As of now, Doyon has not requested permits from FWS for activities on Refuge lands. We will be watching this very closely and will explore options to prevent any proposed activities on Refuge lands. 

  by David Raskin, Friends Board President

We await the Senate vote on the nomination of Representative Deborah Haaland to be Secretary of the Interior. Senator Murkowski met with her and voted in favor of her nomination being forwarded to the full Senate for confirmation. The conservation community is closely following this as it develops.

Kenai Regulations
As we wrote last month, the Kenai Refuge survived the possible adoption of the revised regulations pushed by outgoing Department of the Interior Secretary Bernhardt. The only remaining issue is the proposed restriction on shooting within the Kenai River corridor that the Court sent back for Fish and WIldlife Service (FWS) to provide a basis for this aspect of the 2016 regulations. That is being prepared for submission to the Court.The State of Alaska and Safari Clubs were unsuccessful in challenging other aspects of the regulations. This leaves the most important provisions of the 2016 Kenai regulations in place.

Arctic National Wildlife Refuge
There is no news concerning the leasing program as the moratorium on all oil and gas activities in the Arctic Refuge ends in mid-April. We hope that the Administration is actively exploring avenues to nullify or buy back the leases that were sold to the Alaska Industrial Development and Export Authority (AIDEA) and two small companies. In the meantime, the lawsuits to nullify the lease sales by the conservation community have been stayed for 60 days.

There is a new threat to the Coastal Plain. The other leaseholder, 88 Energy, may be planning to do directional drilling from the adjacent State land on which they hold a lease. We will watch for any news on this latest threat to the Refuge.  
 
Meanwhile, the Kaktovik Inupiat Corporation (KIC) application for seismic exploration this winter on their inholding was not granted because it did not meet the February 13 deadline set by USFWS. This resulted from the failure of FWS to act on the required Incidental Harassment Application (IHA) because they ran out of time to analyze the 6 million comments they had received. KIC criticized FWS for delaying the permit process and has reapplied for a permit to conduct seismic exploration next winter.
 
We have no update on the threat to the Arctic Refuge by the recent claim by Kaktovik that they can use off-highway vehicles (OHV) for subsistence hunting in the Refuge. They based their assertion on unsupported statements that there is an established traditional use of OHVs in the Refuge. We are monitoring this situation as it develops.

Izembek National Wildlife Refuge
The State of Alaska is working on their revised application to construct a road through the biological heart of the Izembek Refuge Wilderness. The Biden Administration 60-day pause in all FIsh and Wildlife Service (FWS) permitting processes expires this month, and we are waiting to see how the Department of the Interior (DOI) proceeds after the confirmation of the new Secretary. If the permit process does proceed, it will likely take at least a year for the required National Environmental Policy Act (NEPA) process. The State also needs a Clean Water Act 404 permit from the Army Corps of Engineers and will seek other Alaska National Interest Lands Conservation Act (ANILCA) temporary permits for site investigation. There are also NEPA requirements and other ANILCA permitting requirements that apply to this process. We hope that the new administration will ultimately halt this latest assault by the State and King Cove on the Izembek Wilderness. In the meantime, we await the decision from the Ninth Circuit Court of Appeals concerning our second successful lawsuit that stopped the illegal land transfer for the proposed road.

Central Yukon Management Plan
The Bureau of Land Management (BLM) released the Central Yukon Draft Resource Management Plan and Draft EIS, linked here, that affects 56 million acres of public lands, which include 13.1 million acres of BLM-managed lands along the Dalton Highway and Central Yukon areas. Their proposed plan could open up many areas to mining and other developments that would negatively impact wildlife, habitat, and fisheries of many tributaries that flow into the Yukon River and several refuges. We are working with the National Wildlife Refuge Association to submit comments that are due by March 11, 2021.

Yukon Flats National Wildlife Refuge
We recently learned that Doyon Corporation is working with Hilcorp to develop a plan for exploration and possible drilling on Doyon’s inholdings in the Refuge. They may be developing requests for permits from FWS for these activities on Doyon lands and possible permit applications for drilling on Refuge lands. We will be watching this very closely and will explore options to prevent any such activities on Refuge lands. It never ends!!.

Mulchatna Caribou
The Alaska Board of Game has postponed until 2022 its meeting to consider proposals for the State to extend its current, unsuccessful predator control activities to federal lands within the refuges. We will be watching for any developments.

  by David Raskin, Friends Board President

The last month has witnessed many developments and actions by the outgoing Trump Administration and the incoming Biden Administration, many good and some bad! The good news includes many replacements at the upper levels of the DOI with the nomination of Representative Deborah Haaland to be Secretary of the Interior and the return of Cynthia Martinez as the Chief of Refuges for the USFWS.

Kenai Regulations

The The Kenai Refuge survived the possible adoption of the revised regulations pushed by the outgoing DOI. The strategic submission by the Refuge of a “skinny version” of the proposed regulations that omitted the baiting of brown bears and the removal of the Refuge trapping regulations delayed the process long enough to prevent their adoption before the inauguration. Friends and other conservation organizations played a major role in helping to slow down and ultimately stop those destructive regulations. The remaining issue is the proposed restriction of firearms on the Kenai River corridor that the Court sent back for FWS to provide a basis for this aspect of the 2016 regulations that were unsuccessfully challenged by the State and Safari Clubs. That is being prepared for submission to the Court. This leaves the most important provisions of the 2016 Kenai regulations in place..

Arctic National Wildlife Refuge

The great news was the executive order by the Biden administration on his first day in office that declared a moratorium on all oil and gas activities in the Arctic Refuge along with other areas. It was wonderful to see this as a headline event on Day 1. Kudos to the ARDC! The next step is for the Administration to explore avenues to nullify or buy back the leases that were bought by the Alaska AIDEA and two small companies.. Meanwhile, U.S. Representatives Huffman and Senator Markey on February 4 introduced the Arctic Refuge Protection Act  that would provide Wilderness designation to the Coastal Plain, prevent oil, gas, or other development, and safeguard the subsistence rights of the indigenous people.
 
The latest threat to the Arctic Refuge is the recent claim by people in Kaktovik that they can use off-highway vehicles (OHV) for subsistence hunting in the Refuge. They based their assertion on unsupported statements that there is an established traditional use of OHVs in the Refuge. Without any evidence to support of their claim, the Trump era DOI Solicitor in Washington issued an opinion that ANILCA allows the Refuge to be open for such use in the absence of a contrary regulation or law to prevent it. This appears to be a forced and incorrect interpretation of the law and is being re-evaluated by the new administration. We are monitoring this situation as it develops. 

Izembek National Wildlife Refuge

In the final days of the Trump administration, Interior Secretary Bernhardt overturned the FWS determination that the State of Alaska application to construct a road through the biological heart of the Izembek Refuge Wilderness was incomplete in major respects and could not be considered until they provide considerable information and correct serious deficiencies. Bernhardt arbitrarily overrode the requirements and ordered the FWS to proceed “expeditiously” with the approval process. However, the Biden Administration instituted a 60-day pause in all FWS permitting processes, which  allows a complete re-evaluation of the legal basis for the State’s theory that they are entitled to access to inholdings under ANILCA 1110(b). If the permit 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 will seek other ANILCA temporary permits for site investigation. There are also NEPA requirements and other ANILCA permitting requirements that apply to this process. We expect that the new administration will ultimately halt this latest assault by the State and King Cove on the Izembek Wilderness

Yukon Flats Refuge

The BLM has developed a Central Yukon Management plan that includes a vast amount of public land that borders seven Alaska National Wildlife Refuges in the northern and central areas of the state. BLM has released a Central Yukon Draft Resource Management Plan and Draft EIS that affects 56 million acres of public lands, which include 13.1 million acres of BLM-managed lands along the Dalton Highway and Central Yukon areas. Their proposed plan could open up many areas to mining and other developments that would negatively impact wildlife, habitat, and fisheries of many tributaries that flow into the Yukon River and several refuges. Comments are due by March 11, 2021.

Mulchatna Caribou

The latest development is the postponement of the Alaska Board of Game meeting that would consider the State desire to extend its current, unsuccessful predator control activities to federal lands within the refuges. We will be watching for any developments

by David Raskin, Friends Board President

It has been a wild month! The  Department of the Interior (DOI) took major steps toward oil and gas leasing in the Arctic Refuge and pushed the Kenai Refuge to adopt destructive proposed wildlife and management regulations. However, the DOI supported by Friends won a major lawsuit that upheld the 2016 Kenai Refuge wildlife regulations.

Kenai Regulations

There have been two different attacks on wildlife management direction on the Kenai Refuge.  One is a lawsuit by Safari Club and the State of Alaska against the Fish & Wildlife Service (FWS) seeking to overthrow aspects of the Kenai Regulations on the grounds they were not compatible with state regulations.  The second is the FWS’s own attempt to revise the Kenai Regulations under pressure from the State and DOI.
 
On November 13, 2020, the Federal District Court in Anchorage ruled against the State of Alaska and Safari Clubs International and upheld the long-standing 2016 Kenai Refuge regulations that prohibit the hunting of brown bears over bait and require management of the Skilak Loop Wildlife Recreation Area for wildlife viewing and education see Trustees Press Release HERE. The decision confirms that the Fish and Wildlife Service necessarily has the authority to manage wildlife on lands it oversees and to set management priorities within Refuges even if it conflicts with State priorities. Friends and 15 other conservation organizations intervened on behalf of the DOI to secure this major victory against those who blindly promote trophy hunting and predator control on our refuges and other public lands. Again, we received outstanding legal representation by Trustees for Alaska!
 
Over 45,000 individual comments were submitted to FWS during the two public comment periods on the proposed revisions to the Kenai Refuge regulations, which would allow hunting of brown bears over bait and eliminate federal trapping regulations and management. We understand that Washington officials feverously pushed to complete the required analysis of this massive number of comments in hopes of ramming through the regulations prior to the change in administration. There are numerous problems with the process and the details of the proposed regulations that may require major revisions and a possible EIS. It appears that these issues may not be adequately resolved before the January 20 inauguration and the installation of a conservation friendly DOI and FWS.

You can read more about this issue on our website.
 

Arctic National Wildlife Refuge

The Bureau of Land Management (BLM) officially issued its call for nominations for oil and gas leasing November 17, starting a 30-day comment period (ending Dec. 17^th) where groups and individuals can state their opinions about areas/tracts BLM should or should not offer and what the agency needs to consider prior to doing so.  See the Call For Nominations and Comments  here. Friends plans to sign on a group comment to be assembled by Trustees.

We heard that the BLM will announce this week that they will hold a lease sale with bids to be opened on January 6, hoping to issue leases prior to a change in administration. It is an unprecedented maneuver to call for bids in the middle of the period for the public to formally comment on the call for nominations, and it may be a violation of the public process.  They will also be issuing the draft Incidental Harassment Authorization related to polar bears and the Kaktovik Inupiat Corporation (KIC) seismic proposal for public review, as BLM continues to process the permit for seismic exploration on the Coastal Plain that KIC hopes to begin this month. 

We urge all Alaskans to voice their opposition to oil and gas development in the Arctic Refuge.  Since BLM is not accepting electronic comments, written comments must be mailed and received by December 17.  Mail to: State Director, Bureau of Land Management, Alaska State Office, 222 West 7th Avenue, Mailstop 13, Anchorage, AK 99513-7504.
 
The Arctic Refuge Defense Campaign (ARDC) continued their highly successful meetings with financial institutions concerning the dangers of Arctic drilling and the financial risks of supporting such efforts. Bank of America and TD Canada Trust joined more than 24 major financial institutions that will not fund resource development in the Arctic National Wildlife Refuge. ARDC has continued their pressure on Chevron Oil and insurance companies to join the major financial institutions in refusing to fund oil development in the arctic. 

Izembek National Wildlife Refuge

We have no specific news on the State of Alaska application to FWS to construct a road through the Refuge under the theory that they are entitled to access to inholdings under ANILCA 1110(b). The State needs a Clean Water Act 404 permit from the Army Corps and will seek other ANILCA temporary permits for site investigation. There are NEPA requirements and other ANILCA permitting requirements that apply to this process. Trustees for Alaska is closely monitoring this and will develop whatever is needed to respond to this latest insult to Izembek!

Pebble Mine

The Pebble Partnership received a knockout blow when the Army Corps of Engineers denied the mine permit because the Pebble Project failed to provide satisfactory mitigation plans for the proposed mine. We are hopeful that this ill-conceived, destructive project is finally moribund, but such promises of short-term financial riches have a tendency to be rejuvenated and need to be carefully watched.

Mulchatna Caribou

We have no specific update on the declining Mulchatna caribou herd that ranges over a huge area of Western Alaska and encompasses large portions of the Togiak and Yukon Delta Refuges. The State is asking to extend its current, unsuccessful predator control activities to federal lands within the refuges. However, this is not consistent with FWS management practices and is unlikely to achieve the State’s hopes of increasing the caribou population. Since the declines in the caribou numbers are most likely due to human predation and smaller impacts of habitat loss and other factors, FWS may mount a major effort to inform the local subsistence hunters about the problems of overharvest and enlist their support for a moratorium on hunting caribou. Fortunately, there seems to be an overabundant moose population in the vicinity of the Yukon Delta Refuge that could help to alleviate the resulting reduction in food supply that would accompany a hunting moratorium. Unfortunately, there is no such overabundance of moose around the Togiak Refuge.