Page 6 – Friends of Alaska National Wildlife Refuges

Kodiak Report: What a great trip!!

By: Leslie Slater, Friends Kodiak Refuge Liaison

Let me back up and tell you all about the trip that Friends’ Vice President Poppy Benson and I as Kodiak Refuge Liaison had the pleasure of taking in October around National Wildlife Refuge Week.

The Refuge had asked us to come help with events, but we also had things we wanted to accomplish with several local groups. The Friends group has a small footprint in Kodiak and we wanted to increase that by telling folks what our mission is, how we can help them, and encourage them to join Friends.First up was a volunteer appreciation event cohosted with the Kodiak Refuge that acknowledged the efforts of people who contributed their time to Kodiak Refuge projects. The refuge normally held these events annually, but had been unable to do so over the past two years due to the pandemic. More than 30 people attended on a blustery, rainy evening, and we helped lure them in by providing locally catered finger foods. Most of the refuge’s volunteers have been assisting with projects for several years, and one began his association with refuge projects in the 1970s!

The following day, with only an occasional bit of precip falling and the tiniest bit of blue sky taunting us, we set up a Friends table under a tent shared with the refuge at the “Walk for the Wild” event. The refuge visitors services staff set up a walking route that had trivia questions posted throughout and a photo scavenger hunt. Walkers set off with their clip boards and answer sheets to win rewards based on the number of correct answers. With 103 participants, this was the largest Walk for the Wild in Alaska. Many, many families with small children participated and all seemed to have a very good time. And personally, there was a bonus…. I even ticked a bucket-list item off: donning (and dancing in!) the brown bear costume that the refuge keeps on hand for such events.

Kodiak Refuge Manager Michael Brady; bear; Kodiak Volunteer Coordinator Erin Strand, with the photo stop at the Walk for the Wild banner. pc. Poppy Benson

The next day we were part of a small group who conducted a beach clean-up at White Sands Beach. It’s a few miles out of town and gets a lot of use… many firepits contained a lot of nails leftover from burning pallets. It felt good to leave the site much cleaner than it had been.

The “loot” from beach cleaning efforts with Ranger Gretchen Mominee. pc Erin Strand

Our last big public event was hosting the October Friends meeting, Tracking Puffins Across the Kodiak Archipelago. It was an electronic challenge in linking three remote locations (Portland, Homer, Soldotna) and a zoom audience to the live meeting occurring in the Kodiak Refuge Visitor Center, but it seemed to have gone off without a hitch. Twenty-six attended in Kodiak with a total audience from all locations and zoom land of 115.

Kodiak Refuge Avian Biologist Robin Corcoran presenting to the Friends monthly meeting live to the Kodiak audience as well as the zoom and watch party audiences. Pc Poppy Benson

Poppy and I also met with the Kodiak Audubon Chapter’s board of directors, the refuge’s new Community Affairs Liaison, Amy Peterson, at her office at Koniag and the president of the Kodiak Brown Bear Trust to encourage further communications, and hopefully, partner with them on future conservation projects.

Lastly, we had a sit-down meeting with refuge staff, to outline what Friends could do for them and discuss what they most need from us. We gained five new members on this trip but planted lots of seeds for future partnerships. And, did I mention, the party at the Refuge Manager’s house?

Tim Shipman, event leader and Outreach Committee member, always makes sure his crew gets fed. Building the fire for the hot dog roast. pc: Wally Hufford

Always a Good Day to Help a Refuge

By: Poppy Benson, Friends VP, Homer

Under the able leadership of Soldotna Friend Tim Shipman, seven Friends plus friends of Friends did their part in the Kenai Refuge’s Green-up, Clean-up on May 13 and 14. We spruced up two campgrounds and the multi purpose trail and Ski Hill road. A hot dog roast under sunny skies rewarded the trash pickers.

Nikiski Friends members Elizabeth and Wally Hufford tackling campground trash. pc Tim Shipman

Telling the Refuges’ Story; Telling the Friends’ Story

By: Poppy Benson, Friends VP, Homer

Friends came from all over to run the Friends Outreach Booth at the Kachemak Bay Shorebird Festival. Seventeen Friends from San Francisco, Colorado, Washington, Soldotna, Homer, Anchor Point, and Anchorage, got the word out on who we are, that we cosponsor the Shorebird Festival, and how we help refuges. We must have been convincing because we signed up 37 new or renewing members while having fun and meeting great people.

Board Member Mike Schantz in a rare quiet moment while working the Friends table at the 2022 Kachemak Bay Shorebird Festival. pc: Becky Hutchinson

Ski and sled track over a frozen lake. Accessing a public use cabin in the winter over a frozen lake can mean hiking, skiing, or snowshoeing while towing a sled of gear. Credit: Lisa Hupp/USFWS.

November Advocacy Report: We keep on keeping on …

by David Raskin, Friends Board President

Since the Department of the Interior announced that a Special Assistant for Alaska will be appointed, there is still no word about who is being considered or any announcement. We are beginning to think that there will be no special assistant appointed and that staff from the previous administration may be assuming more responsibilities.

Arctic National Wildlife Refuge
There are no recent developments on the existing leases, but a second lease sale is required by the existing legislation. However, as more major insurers adopt policies that prohibit involvement in arctic oil and gas development, this adds to the already low interest by major oil companies. We expect that a second lease sale will be another bust like the first sale. In the meantime, U.S. Fish & Wildlife Service (USFWS) and Bureau of Land Management (BLM) continue the lengthy and expensive process of developing the Supplemental Environmental Impact Statement (EIS) required by order of the Secretary. Many conservation organizations, including Friends have intervened on behalf of the government in the federal lawsuit by the Alaska Industrial Development and Export Authority (AIDEA) and the State.

We have no update on the threat to the Coastal Plain by 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. It should be noted that the request for a winter right-of-way across the refuge may have implications for Alaska National Interest Lands Conservation Act (ANILCA) and the Izembek road controversy. We expect that an environmental review may begin early next year. A draft report on the Kaktovik claim of historical vehicle use for subsistence activities in the Arctic Refuge tundra, including wilderness study areas, is currently under review. Under the solicitor’s opinion in the previous administration, the refuge is open to motorized vehicles, but there has been little activity to date.

Izembek National Wildlife Refuge
The March 16, 2022, panel decision of the Ninth Circuit Court of Appeals in favor of defendants’ appeal overturned our second successful lawsuit that had stopped the illegal land transfer for the proposed road. This disastrous decision rewrote ANILCA to reinstate the land exchange for the road through the heart of the Izembek Wilderness. The far-reaching implications of this decision on 104 million acres of federal conservation units and lands in Alaska are potentially devastating. We await a decision from the Ninth Circuit regarding our petition for en banc review. A decision to rehear the case would nullify the disastrous panel decision and begin the appeal anew. However, denial of our petition would pose great dangers for Izembek, and we will work with our conservation partners to develop other approaches to save the Izembek Refuge and all Alaska federal conservation lands.

Alaska Maritime National Wildlife Refuge
Following the welcome news that the Bureau of Ocean Energy Management (BOEM) canceled the proposed lease sale for Lower Cook Inlet oil and gas development, the Biden administration announced a new five-year leasing plan that includes a lease sale on December 30 .

This resurrects the specter of drilling platforms, underwater pipelines, and greatly increased industrial transportation in Lower Cook Inlet and the high risk of oil spills that could seriously impact lands and wildlife in the Maritime Refuge.

Kenai National Wildlife Refuge
On October 27, the State of Alaska filed a writ of certiorari with the Supreme Court seeking review of the Ninth Circuit’s decision that supported our win in the District Court. The State claims that the case raises questions of “exceptional importance” to states and the Ninth Circuit decision is “unsustainable on the merits.” It is noteworthy that Safari Club International did not join the State in this latest appeal. Based on the Court’s schedule and the timelines in the rules, the earliest we might expect a decision is early December. The Supreme Court rejects most petitions for review.

Yukon Flats National Wildlife Refuge
We have heard nothing further on the results of Hilcorp’s shallow exploration on Doyon Corporation inholdings in the Yukon Flats Refuge. There is great concern that this may lead to oil and gas development that could negatively impact the world-class wildlife and fisheries and subsistence resources in the refuge.

Coldfoot Friends Volunteer Weekend: A 259 Mile Trip Report

By:Pam Seiser, Fairbanks Friend

Three Fairbanks Friends took up the invitation to visit the Arctic Interagency Visitor Center at Coldfoot to help with the Wild and Scenic Rivers Celebration last month. This two day event was organized by Patrick Magrath, Student Conservation Association Intern with the Arctic Refuge. Patrick’s goal was not only to show off the interpretative resources at the center but also outdoor resources surrounding the center. So, Don Kiely, my husband Randy Lewis, and I alternated shifts volunteering at the visitor center with exploring the surroundings.

Arctic Interagency Visitor Center at Coldfoot. pc. Randy Lewis

The visitor center highlights the neighboring public lands of three agencies: the Fish & Wildlife Service’s (FWS) three National Wildlife Refuges, the famous Arctic Refuge north of the visitor center and the lesser known Kanuti and Yukon Flat Refuges that straddle the Arctic Circle; the Bureau of Land Management’s Dalton Highway corridor; and the National Park Service’s Gates of the Arctic National Park. It is an inviting center, with a small auditorium, a wonderful array of interpretive displays and a cozy corner with a wood stove, chairs and a pile of reading material. Geologists involved in the construction of the road and pipeline will love that large rocks in front of the building are labeled! Also, the tour guide tells us that the center is known for having the cleanest bathroom in 200 miles.

Patrick Magrath of the Arctic Refuge with some of the exhibits about Wild and Scenic Rivers.
pc Randy Lewis

The drive to Coldfoot in late August is spectacular. We left Fairbanks in full flower power, but as soon as we hit the Dalton Highway, we drove right into fall. The air was crisp and hills were ablaze with color. We made the obligatory stops at Arctic Circle Sign Post, Yukon River Bridge, and Finger Mountain. With all the photo stops, It certainly took us more than the predicted 6 hours to get to Coldfoot. While Randy captured the fall colors with his camera, I searched for mushrooms. There is a wealth of mushrooms above the Arctic Circle!

During this trip, I tried to wrap my head around the local topography. We traveled through boreal forest and tundra but the Dalton Highway corridor lacked low wetlands, which both the Kanuti and Yukon Flats Refuges are valued for. That was because the road and pipeline traversed a finger of mountains extending southward from the Brooks Range. This band of mountains separates the watersheds of the Kanuti and Yukon Flats Refuges. As we drove up the Dalton Highway, I could feel the presence of the wild refuges, Kanuti to the west and the Yukon Flats to the east, although we were 10 to 15 miles away from them. The Yukon Flats Refuge could be seen up the hill from milepost 86, but there was no convenient pullout spot to view Kanuti. We concluded that if you don’t have the opportunity to fly, hike or paddle into these road-less areas, a road trip to the Arctic Interagency Visitor Center is a nice consolation prize!

At the end of the first day we arrived at FWS cabins provided for visiting staff just north of the Marion Creek Campgrounds and Coldfoot. We helped set up displays the morning of the event and then served as greeters while Don hiked along the Chandalar Shelf. On Sunday, Don was the greeter, and we drove to Atigun Pass. The evening talks for Wild and Scenic Rivers drew a crowd of 30 people, which was a success. About 75-80 visitors a day dropped by the center. Visitation is high at the start of the summer and drops sharply after July 4th, the start of the mosquito season. When we had no visitors we pumped the staff for information on hikes. We learned Kanuti has hot springs! Milepost 103 is the jumping off point for the 14-mile hike/packboat trip to the hot springs.

Inside the Arctic Interagency Visitor Center at Coldfoot. pc. Randy Lewis

Overall, we volunteers received more than we gave. Patrick and Jen Reed, FWS coordinator for Wild and Scenic Rivers, provided us the experience we needed to become ambassadors for the area. We definitely recommend earmarking the August trip to the Arctic Interagency Visitor Center. We are certainly coming back to the Arctic!

Hands on a Duck, Contributing to Science and Fun: Friends LOVED Duck Banding

By: Poppy Benson, Friends Vice President

Five friends helped the Tetlin National Wildlife Refuge band ducks this past August. Each team took one- or two-week shifts working with Ross Flagen, Tetlin Deputy Refuge Manager and duck banding guru. Here’s what I heard back: From Carol Damberg of Anchorage “what an excellent experience I had . . . Ross did an amazing job at leading and teaching me on all things associated with the art of duck banding”; from Moira O’Malley of Fairbanks “Had the time of my life bird banding. Ross is a hoot!”; from George and Susan Hedrick of Sterling returning for their second year “Volunteering on Tetlin refuge provides a firsthand ” behind the scenes” glimpse of how a federal refuge works. – Ross Flagen, deputy manager, provided a super fun and educational experience!”; and Dan Musgrove of Soldotna said “I highly recommend it to anyone . . . . . The people were all great to work with. The education on the ducks was tremendous.”

George Hedrick hauling fencing for the traps. pc Susan Hedrick

The volunteers also spoke favorably about the “other duties as assigned.” The Hedricks mentioned enjoying painting the picnic tables in the campground and Dan Musgrove of Soldotna loved being Campground Host for a day and all-around Friends Ambassador to other campers. This later role in reaching out to other travelers and explaining the mission of the Refuge was valued by Refuge staff. Ross Flagen said “Friends . . . created many positive encounters with the traveling public. This was an intended part of the project, and it worked out even better than we had hoped.” Meeting other staff members and volunteers, getting to know Tetlin Refuge and camping for the week at the Refuge’s Deadman Lake Campground were other highlights.

The first week crew enjoying a rare day of sunshine, l to r, Moira O’Malley, a student volunteer, Dan Musgrove and Tetlin Deputy Refuge Manager Ross Flagen, pc USFWS

Tetlin Refuge started waterfowl banding in 2018 to assist the Pacific Flyway in meeting banding objectives. Ducks are banded so that wintering areas and migration routes can be determined when banded birds are resighted and identified by their discrete band number. It is banding that allowed the North American flyways to be discovered and mapped forming the basis for much of modern waterfowl management.

Friends catching trapped ducks. pc USFWS

Capturing birds and banding five days a week for a month is very labor intensive and that is where Friends came in. In 2019 two Friends, the Hedricks, helped with banding. Then came Covid. This year the project geared up using five Friends over four weeks. In all 278 Mallards, 84 Northern Pintail, 11 Green-winged Teal, 2 Blue-winged Teal, 2 Lesser Scaup and 1 American Wigeon were captured and banded. Friends aided in all things associated with the operation of the banding station, from filling buckets with barley for bait and assembling traps, to species identification, banding and disease sampling. Swab samples were collected from most ducks and sent off to US Department of Agriculture lab to be tested for avian diseases particularly bird flu.

pc: USFWS

Be on the lookout for this exceptional volunteer opportunity to come up again next August. As Carol said, “Thanks for an incredible life experience!!! Can’t wait to visit Tetlin again!!

September Advocacy Report: Waiting for an Announcement

by David Raskin, Friends Board President

Department of the Interior announced that a Special Assistant for Alaska will be appointed soon. We have not heard who is being considered and await an official announcement.

Arctic National Wildlife Refuge
The bad news is the recently passed Inflation Reduction Act failed to include repeal of the Arctic National Wildlife Refuge oil and gas program and a buy-back of all existing leases. The good news is that Knik Arm Services canceled its lease in the Arctic National Wildlife Refuge. Along with Regenerate Alaska’s recent lease withdrawal, this is another step by oil and gas interests to walk away from drilling on lands sacred to the Gwich’in people. Only the State of Alaska’s Industrial Development and Export Authority (AIDEA) retains its leases, but the prospect of an oil company acquiring those leases becomes dimmer each year as the regulatory problems and the costs of development in the arctic make such efforts very unattractive. In the meantime, US Fish and Wildlife Service (USFWS) and Bureau of Land Management continue the lengthy and expensive process of developing the Supplemental Environmental Impact Study required by order of the Secretary. Many conservation organizations, including Friends have intervened on behalf of the government in the federal lawsuit by the AIDEA and the State.

We have no updates on the threat to the Coastal Plain by 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 and the Kaktovik claim of historical vehicle use for subsistence activities in the Arctic Refuge tundra, including wilderness study areas.

As lead plaintiff in this case, Friends worked closely with Deborah Williams (former Alaska Special Assistant to Secretary Babbitt for Alaska), Nicole Whittington-Evans (Alaska Director for Defenders of Wildlife), and others to develop options and strategy to undo this extremely dangerous decision. These efforts resulted in amicus briefs by President Jimmy Carter, former Interior Secretary Bruce Babbitt, and former Interior Solicitor John Leshy. These developments influenced Trustees for Alaska to petition the Ninth Circuit to rehear the case en banc, (when all the judges of a court hear a case). On May 16, the Court ordered the defendants to file a response to our petition, which has been filed along with their supporting amicus briefs. We are hopeful that these developments will be followed by a majority vote of the full Court that grants the en banc rehearing, which we await. A decision to rehear the case would nullify the disastrous panel decision and begin the appeal anew.

Friends Highwater Trip to Tetlin Refuge

By: Nancy Deschu, Friends member and retired hydrologist from Anchorage. She is the refuge liaison for Alaska-Peninsula/Becharof Refuges.

Our Friends’ trip to Tetlin National Wildlife Refuge Memorial Day weekend was all about water. It was sunny and hot and the refuge was in flood stage. Our original plan to canoe and flag a trail along Desper Creek changed – the water was so high camp sites would be flooded and it would be impossible to paddle back upstream. After bringing breakfast to the refuge staff, we eight Friends helped Ranger Tim Lorenzini with the annual roadside cleanup. We then trailered refuge canoes to Deadman Lake for use by refuge visitors, and set up camp at Deadman Lake. Over the next four days, we made site visits to check on trails and flood conditions along the refuge’s north boundary all the way to the border of Canada.

Water from snow melt, glacial melt, and rainfall in the Nutzotin and Mentasta mountains drives the vast wetlands of the Tetlin Refuge. The Chisana River (meaning “Rock River” in Upper Tanana language) and the Nabesna River (meaning “Along the Muddy River” in Ahtna language) head in high peaks in Wrangell St Elias National Park and Preserve, then flow north about 70 miles, and pour into the refuge. Hot, sunny weather in May caused extreme melting in a year with high snowpack so we found high water wherever we went. The boat ramp at Scottie Creek was two feet underwater.

We estimated the high flow at the Scottie Creek bridge by dropping sticks from the bridge and timing the flow of sticks over a set distance with a stopwatch. We estimated the surface flow to be nearly three feet per second, which is quite fast for the low gradient and otherwise sluggish Scottie Creek. The lake level at Hidden Lake had risen so much that it floated and then swamped two jon boats stashed in the lakeshore spruce woods.

Friends in the birding blind in Tetlin Refuge’s Lakeview Campground. pc: Poppy Benson

We canoed the entire shoreline of Deadman Lake looking at birds and potential backcountry campsites. Highlights were several species of warblers flying out of spruce trees over the water to feed on insects, horned grebes, swans and Hudsonian godwits. We sighted 40 bird species on the refuge including a diversity of ducks. Ducks were abundant on Yarger Lake, but noticeably fewer were observed on Deadman Lake. No waterfowl were observed on Hidden Lake.

Nancy Deschu and two girls from the campground examine captured aquatic invertebrates. pc: Tom Chard

At Deadman Lake we sieved the shallows for aquatic invertebrates. A joyful happenstance was meeting two girls who were fascinated with invertebrates and netting their own trove. We exchanged specimens in our makeshift aquaria and spent considerable time identifying and observing the creatures. The girls’ knowledge was impressive!

Although our Tetlin trip was not what we had planned, we were able to contribute our observations on the refuge during unusually high water and enjoy camping and birding on the refuge.

August Advocacy Report: Fresh from the ocean

by David Raskin, Friends Board President

Arctic National Wildlife Refuge
The Budget Reconciliation bill that included repeal of the Arctic National Wildlife Refuge oil and gas program and a buy-back of all existing leases was torpedoed by Senator Manchin. A minimal reconciliation bill is expected to come before the Senate in August without the Arctic Refuge oil and gas repeal. There is a possibility that an amendment to include the repeal might be adopted, but the chances are not good. If Manchin opposes it, the Democrats will need at least one Republican vote to adopt it. However, it appears that the Secretary of Interior has the power to cancel the lease sale, but there is much uncertainty in all of this. In the meantime, the U.S. Fish and Wildlife Service and Bureau of Land Management continue the lengthy and expensive process of developing the Supplemental Environmental Impact Statement required by order of the Secretary.

The contractor hired by the USFWS completed its report about 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. We expect that the report includes little hard evidence to support the claim of historic use of vehicles. The USFWS is still processing the application to decide the validity of the Kaktovik claim.

Izembek National Wildlife Refuge
The March 16, 2022, panel decision of the Ninth Circuit Court of Appeals in favor of defendants’ appeal overturned our second successful lawsuit that had stopped the illegal land transfer for the proposed road. This disastrous decision rewrote Alaska National Interest Lands Conservation Act (ANILCA) to reinstate the land exchange for the road through the heart of the Izembek Wilderness. The far-reaching implications of this decision on 104 million acres of federal conservation units and lands in Alaska are potentially devastating.

As lead plaintiff in this case, Friends worked closely with Deborah Williams (former Alaska Special Assistant to Secretary Babbitt for Alaska), Nicole Whittington-Evans (Alaska Director for Defenders of Wildlife), and others to develop options and strategy to undo this extremely dangerous decision. Following Trustees for Alaska petition the Ninth Circuit to rehear the case en banc, extensive efforts spearheaded by Ms. Williams achieved huge support for the petition by amicus briefs by President Jimmy Carter and former Interior Secretary Bruce Babbitt and former Interior Solicitor John Leshy. Trustees also obtained amicus support from a group of 25 law professors. The Court ordered the defendants to expeditiously file a response to our petition, which is the first step toward a possible rehearing. This was very encouraging, and the Department of Justice requested a 30-day extension to file their response and then requested another 30-day extension, both of which the Court granted with the admonition that no more extensions will be granted. Their new deadline to file is August 5, and amicus briefs in support of the defendants must be filed within 10 days. A majority vote of the full Court is required to grant the en banc rehearing, which may take several months for a decision. A decision to rehear the case would nullify the disastrous panel decision and begin the appeal anew. However, if our petition is granted, the Secretary of Interior could withdraw the land exchange, which would end the legal process and leave our district court victory intact.

The National Wildlife Refuge Association and Defenders of Wildlife drafted and submitted a letter to Secretary Haaland on behalf of 13 CEOs of national conservation organizations and Friends of Alaska National Wildlife Refuges requesting a meeting with the Secretary to discuss the problems created by the land exchange and the Ninth Circuit decision. . We were granted a 30-minute virtual meeting with the secretary and her key staff that occurred on July 14. The agenda and presentations were superbly organized by the Defenders of Wildlife staff in Anchorage and Washington, DC. The meeting went extremely well, and the notes can be found here. We are hopeful that the meeting will produce positive actions by her.

Alaska Maritime National Wildlife Refuge
After the extremely welcome news that the Bureau of Ocean Energy Management (BOEM) canceled the proposed lease sale for the Lower Cook Inlet oil and gas development lease sale because of lack of interest by the oil and gas industry, we received the disappointing announcement that the Biden administration has again included a lease sale in the new five-year plan.

Kenai National Wildlife Refuge
On April 18, 2022, the Federal Ninth Circuit Court of Appeals issued a sweeping decision that rejected the appeal of the Kenai Refuge wildlife regulations lodged by Safari Clubs International and the State of Alaska. This decision maintained the Kenai regulations that include a ban on baiting of brown bears and other sensible controls on trapping and predator control. Friends was one of many intervenor-defendants in support of the government. Trustees for Alaska Staff Attorneys Katie Strong and Rachel Briggs did an outstanding job to secure this important victory. However, the State has now petitioned the Ninth Circuit Court for an en banc rehearing of the case. Our attorneys have indicated that they do not feel that the State has made a compelling case for a rehearing, very few of which are granted.

Yukon Flats National Wildlife Refuge
We have heard nothing further on Hilcorp’s plans to begin seismic exploration next winter 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 the world-class wildlife and fisheries and subsistence resources in the Refuge. If our appeal of the Izembek decision fails, it may to lead to administrative actions to facilitate possible oil and gas development by means of a land trade or other mechanism.

A female brown bear pauses on the bank of the Kenai River in Kenai National Wildlife Refuge.

May Advocacy Report: Seasons Change, We Keep On!

by David Raskin, Friends Board President

We are pleased that the Fish and Wildlife Service leadership positions have been filled but continue to hope that a Special Assistant for Alaska will be appointed soon. We have heard rumors but have seen no official announcement.

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 may be headed for a possible reformulation. 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 may occur before summer. In the meantime, U.S. Fish and WIldlife Service (USFWS) and Bureau of Land Management continue the lengthy and expensive process of developing the Supplemental EIS required by order of the Secretary. Many conservation organizations, including Friends have intervened on behalf of the government in the federal lawsuit by the Alaska Industrial Development and Export Authority (AIDEA) and the State.

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 completed its report about 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. We expect that the report includes little hard evidence to support the claim of historic use of vehicles. The USFWS is processing the application to decide the validity of the Kaktovik claim.

Izembek National Wildlife Refuge
The March 16, 2022, panel decision of the Ninth Circuit Court of Appeals in favor of defendants’ appeal overturned our second successful lawsuit that had stopped the illegal land transfer for the proposed road. This disastrous decision rewrote Alaska National Interest Lands Conservation Act (ANILCA) to reinstate the land exchange for the road through the heart of the Izembek Wilderness. The far-reaching implications of this decision on 104 million acres of federal conservation units and lands in Alaska are potentially devastating.

As lead plaintiff in this case, Friends worked closely with Deborah Williams (former Alaska Special Assistant to Secretary Babbitt for Alaska), Nicole Whittington-Evans (Alaska Director for Defenders of Wildlife), and others to develop options and strategy to undo this extremely dangerous decision. Trustees for Alaska ultimately decided to petition the Ninth Circuit to rehear the case en banc. Extensive efforts spearheaded by Ms. Williams achieved huge support for the petition by amicus briefs by President Jimmy Carte r and former Interior Secretary Bruce Babbitt and former Interior Solicitor John Leshy. Trustees also obtained amicus support from a group of 25 law professors. On May 16, the Court ordered the defendants to file a response to our petition, which is the first step toward a possible rehearing. This is very encouraging, but must be followed by a majority vote of the full Court. We hope that the Ninth Circuit will grant the en banc rehearing, which may take several months for a decision. A decision to rehear the case would nullify the disastrous panel decision and begin the appeal anew.

Fulfilling her commitment to Senator Murkowski, Secretary of the Interior Haaland visited the Izembek Refuge and King Cove on April 19. She was accompanied by her Special Advisor Raina Thiele, Senator Murkowski, USFWS Director Martha Williams, Regional Director Sara Boario, Regional Chief of Refuges Brian Glaspell, and Izembek Manager Maria Fosado. After a very emotional welcome and ceremonies in King Cove, Secretary Haaland received a guided tour of the Refuge to see the values of wildlife, habitat, and Wilderness that would be severely impacted by the land exchange and the unnecessary and destructive road. The FWS personnel provided her with extensive information and documents about the destructive aspects of the road and more acceptable and positive alternatives to the unnecessary road. We do not expect a decision by the Secretary until the pending appeal is resolved although she may decide at any time.

Alaska Maritime National Wildlife Refuge
We received the extremely welcome news that the Bureau of Ocean Energy Management (BOEM) canceled the proposed lease sale 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. This halted any proposed developments that would have created drilling platforms, underwater pipelines, and greatly increased industrial transportation in Lower Cook Inlet and the high risk of oil spills that could seriously impact lands and wildlife in the Maritime Refuge. Liz Mering of the Cook InletKeeper did an outstanding job of organizing and spearheading this major conservation victory.

Kenai National Wildlife Refuge
On April 18, 2022, the Federal Ninth Circuit Court of Appeals issued a sweeping decision that rejected the appeal of the Kenai Refuge wildlife regulations lodged by Safari Clubs International and the State of Alaska, This decision maintained the Kenai regulations that include a ban on baiting of brown bears and other sensible controls on trapping and predator control. Friends was one of many intervenor-defendants in support of the government. Trustees for Alaska Staff Attorneys Katie Strong and Rachel Briggs did an outstanding job to secure this important victory..

Yukon Flats National Wildlife Refuge
We have heard nothing further on Hilcorp’s plans to begin seismic exploration next winter 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 the world-class wildlife and fisheries and subsistence resources in the Refuge.

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