Category: Call to Action & Advocacy Updates

  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.

Thanks to all of your comments critical of the proposed changes to trapping, bear baiting, and other Kenai Refuge regulations plus letters from Friends and other conservation partners requesting a public meeting, the Department of the Interior granted our request for a hearing and another 30-day comment period.   The comment period is open until November 9, and the virtual public hearing will be October 26 at 4 pm, AKDT. 

Testimony at the virtual meeting is important because our passion on this issue took the other side by surprise and may bring them out in force.  You must pre-register for the meeting at this link.   You can  read the Federal Register Notice here.  Comment electronically here.  Comments you submitted in the first round prior to August 10 will be considered in the final analysis, but we encourage you to take advantage of this opportunity to raise other issues and describe how these changes will affect your personal enjoyment of the refuge.

Under pressure from the State of Alaska, the Department of the Interior required the Fish & Wildlife Service to propose new rules that would negatively affect brown bears, trapping, visitor access, and public safety on the Kenai National Wildlife Refuge.  These changes would seriously weaken refuge regulations that were developed through extensive public processes and agreements with the state that cover 40 years. The proposed rules were released in June with a comment period that closed in August without a public hearing.  Over 34,000 comments were received, in addition to tens of thousands of petition signers.

Proposed Rules would allow brown bear hunting over bait for the first time.   Hunters could use human food to lure bears to bait stations up the Swanson River Road, jeopardizing the safety of visitors and oil field workers.  This unsporting hunting method is highly effective at killing bears and will have detrimental consequences on the refuge’s brown bear population.

Proposed Rules would open new areas to trapping and eliminate the safeguards in the refuge trapping program.  The Kenai Refuge would no longer be allowed to manage trapping on the refuge and the state, with it lax trapping rules, would take over resulting in these negative impacts:

• Elimination of the 1 mile no-trap buffer around trailheads, campgrounds and roads
• Elimination of special provisions to prevent trapping birds of prey
• Elimination of provisions to prevent overharvest of species of concern
• Elimination of required refuge permits, trapper orientation, trap marking and trap checking
• Elimination of the ban on toothed leg-hold traps

Other provisions of the Proposed Rules would allow bicycles, game carts, and ATVs on some roads, frozen lakes, and trails and permit the discharge of firearms along the Kenai and Russian Rivers from November 1 to May 1. This would endanger public safety, increase the killing of watchable wildlife, and seriously degrade visitor experiences. 

Visit the Kenai Regulations page on our website  for a chart comparing existing regulations to these changes, information on how to comment non-electronically, advice on how to submit effective comments and more background information.

By David Raskin, Friends President


Kenai Regulations

We were successful in forcing the DOI to reopen the comment period for 30 days beginning on October 9 and schedule a virtual hearing on October 26. See the lead article in this newsletter for details. This major effort was led by the Alaska Wilderness Alliance, Defenders of Wildlife, and Alaska Friends. 

Arctic National Wildlife Refuge

We are still waiting to hear about the expected call of nominations for oil leases. The window is narrowing for this process to unfold before a new administration is installed in January.

The village of Kaktovik and the Arctic Slope Regional Corporation are exploring ways to drill for oil and gas on the inholdings in the Coastal Plain. They are planning to do seismic exploration this winter on their lands in the eastern area of the Coastal Plain. They will need to get permits from the USFWS, and the Arctic Refuge Defense Campaign (ARDC) and Friends will be monitoring any developments and will take action if needed.

The ARDC campaign’s highly successful meetings with financial institutions concerning the dangers of Arctic drilling and the financial risks of supporting such efforts reached another milestone with the announcement by the Royal Bank of Canada that they will not fund drilling in the Arctic Refuge. This is a major development that we hope will encourage other Canadian financial institutions to take this step to protect the arctic and their people who depend on it for subsistence and traditional ways of life. ARDC has continued their pressure on Bank of America and oil and gas development companies to join the major financial institutions in refusing to fund oil development in the arctic.

Izembek National Wildlife Refuge

The latest development is a refurbished effort by the State of Alaska to obtain a road right-of-way to connect inholdings in King Cove with Cold Bay. This is a new tactic to represent individual landowners in King Cove that is very complicated and hopefully will fail to meet the requirements for standing. The State has been interested in doing this for many years, and Trustees for Alaska had addressed this in our recent lawsuits. We feel that it has little chance of success and  remain vigilant for any attempts by the State and the Alaska delegation to sneak something through.

Pebble Mine

The Pebble Partnership took a big hit following the disclosures of their behind-the-scenes antics that provoked the ire of Senator Sullivan and others. We hope that the Army Corps of Engineers will stick to their recent position that the Pebble Project failed to provide satisfactory mitigation plans for the proposed mine. The Corps gave the Pebble project 90 days to propose stream and wetland mitigation plans, but it seems unlikely that they will be able to put together such a plan because of lack of options.

Mulchatna Caribou

The Mulchatna caribou herd has experienced declining populations for several years. It ranges over a huge area of Western Alaska that encompasses large portions of the Togiak and Yukon Delta Refuges. The State is asking to extend its current, unsuccessful predator control activities to 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. Declines in the caribou numbers are most likely due to human predation and smaller impacts of habitat loss and other factors, and FWS is not likely to allow the State to kill predators on refuge lands.

By David Raskin, Friends President

Kenai Regulations

The proposed Kenai Refuge public use, hunting, and trapping regulations and the environmental assessment were released. We submitted comments for Friends (see link on our website). The extensive efforts of many conservation organizations, including Friends, helped to produce more than 35,000 comments to USFWS. Many of us also requested public hearings to rectify the flawed way in which the USFWS minimized the visibility of the release of this program and failed to schedule public hearings. We have been told that these requests are pending approval of a Federal Register notice drafted by the USFWS Alaska Regional Office that would extend the comment period and schedule public hearings. This is a highly political issue, so the bureaucrats in Washington, DC may not allow these to go forward. We will let everyone know what they decide. The Humane Society scientific poll of Alaska residents shows overwhelming opposition to the proposed regulation. This is a very important issue that not only affects the Kenai Refuge but could set undesirable precedents that would negatively impact other refuges.

Arctic National Wildlife Refuge

Secretary of Interior issued the Record of Decision (ROD) on August 17. The next steps are a call for nominations for a lease sale and an actual lease sale. In their rush to sell leases before the November election, the Administration may shorten the call for nominations from the usual 30 days and proceed quickly to selling leases. The Arctic Refuge Defense Campaign (ARDC) is closely monitoring developments.

On August 24, Trustees for Alaska filed suit in Anchorage Federal District Court on behalf of the Gwich’in Steering Committee, Friends, and 11 other conservation organizations that challenge the Administration’s leasing plan. Read the press release here].  This was followed by a similar lawsuit by other conservation organizations that challenged the administration’s application of the 2017 federal tax overhaul that orders oil leasing in the wildlife refuge.

ARDC released the results of a national poll that showed overwhelming national opposition to the Administration’s plan to drill in the Refuge. The ARDC campaign’s highly successful meetings with executives of oil companies, insurance carriers, and financial institutions concerning the dangers of Arctic drilling and the financial risks of supporting such efforts. They have continued their pressure on Bank of America and oil and gas development companies to join the major financial institutions in refusing to fund oil development in the arctic.

Izembek National Wildlife Refuge

Since the June 1, 2020 Federal District Court decision nullified the proposed land exchange with King Cove, road proponents appealed to the Ninth Circuit Federal Court. Trustees for Alaska is handling their appeal, which used similar arguments that were soundly rejected by the district court. We expect the district court decision to be upheld and will be monitoring this closely. If the appeal fails, any new attempt to resurrect the road would require an act of Congress and a signature by the president. Trustees for Alaska and all of our conservation partners remain vigilant for any attempts by the Alaska delegation to have a rider added to other legislation.

Ambler Road

We are following the progress of the federal lawsuit filed by a coalition of conservation groups to stop this damaging road from being built. It would invade the Gates of the Arctic National Preserve and have the potential to disrupt wildlife and habitat that could have major negative impacts on the national park and nearby wildlife refuges. We hope that the lawsuit will halt this costly and destructive project.

Pebble Mine

Army Corps of Engineers performed an unusual about-face, issuing a finding that the Pebble Project failed to provide satisfactory mitigation plans for the proposed mine. This unusual flip-flop b the Corps followed public statements by Donald Trump, Jr., Nick Ayers, former chief of staff to Vice president Pence, and other wealthy mine opponents. All are avid fishermen who want the Bristol Bay salmon protected from this destructive mine. The Corps gave the Pebble project 90 days to propose stream and wetland mitigation plans, but it seems unlikely that they will be able to put together such a plan because of lack of options.

By David Raskin, Friends President


Kenai Regulations

The proposed Kenai Refuge public use, hunting, and trapping regulations and the environmental assessment were released with an August 10 deadline for comments. Friends have been working closely with a group of Alaska organizations to develop comments and recruit people to submit comments and have sent action alerts to their members. Poppy Benson has written many communications, and Becky Hutchison wrote the excellent op-ed that was published in the Peninsula Clarion. I submitted comments for Friends (see link on our website). We have also requested public hearings to rectify the flawed way in which the USFWS has minimized the visibility of the release of this program and failed to schedule public hearings. The Humane Society commissioned a scientific poll of Alaska residents that shows overwhelming opposition to the proposed regulation. This is a very important issue that not only affects the Kenai Refuge but could set undesirable precedents that would negatively impact other refuges.

Arctic National Wildlife Refuge

We are still waiting for the Secretary of Interior to issue the Record of Decision (ROD). The biological issues and uncertainty of a successful lease sale may be slowing its release by DOI. There has been no news to date, but we expect to see the ROD possibly by September.    

The Arctic Refuge Defense Campaign (ARDC) lobbyists were again successful in their efforts to have minimum bid language included in the House Interior Appropriations bill. The language basically requires them to meet the stated minimum for how much they need to raise for a lease sale. If they do not achieve the minimum bids, they cannot use the funds. This presents a major problem for drilling proponents to have a successful lease sale, and we owe a big thank you to Representative Betty McCollum for shepherding this critical amendment through her committee. 

The ARDC campaign’s highly successful meetings with executives of oil companies, insurance carriers, and financial institutions concerning the dangers of Arctic drilling and the financial risks of supporting such efforts. They have now focused on pressuring Bank of America and oil and gas development companies to join the major financial institutions in refusing to fund oil development in the arctic.

Izembek National Wildlife Refuge

Since the June 1, 2020 Federal District Court decision nullified the proposed land exchange with King Cove, there has been no news of any actions by road proponents. Any new attempt to resurrect the road would require an act of Congress and a signature by the president. Trustees for Alaska and all of our conservation partners remain vigilant for any attempts by the Alaska delegation to have a rider added to other legislation.

Ambler Road

Soon after the State of Alaska approved spending another $500,000 of taxpayers funds, a coalition of concertation groups filed suit to stop this damaging road from being built. It would invade the Gates of the Arctic National Preserve and have the potential to disrupt wildlife and habitat that could have major negative impacts on the national park and nearby wildlife refuges. We hope that the lawsuit will halt this costly and destructive project.