Tag: Izembek

Open post

September Advocacy Report: Significant developments

by Friends Advocacy Committee

Arctic National Wildlife Refuge
By far the most significant advocacy update this month was the cancellation of the oil and gas leases sold to the Alaska Industrial Development and Export Authority (AIDEA) back in January 2021. These leases were sold in an illegal lease sale during which no major oil companies bid. Two other smaller companies bid but later backed out of their leases, leaving AIDEA as the sole lease owner.  Fortunately, the Biden Administration took action on September 6th to protect the coastal plain and canceled the leases. The State of Alaska has challenged this cancellation, but Friends, along with many conservation organizations and Tribal governments, have applauded this step. 

Friends issued the following statement regarding the cancellation of the lease sale: We are thrilled that the Biden Administration has canceled these illegal leases. The Arctic National Wildlife Refuge is home to a rich biodiversity of wildlife that depend on the large stretches of intact habitat found in the coastal plain and beyond. We thank the President and Secretary Haaland for their support for protecting this jewel of the Refuge System.
 

Izembek National Wildlife Refuge
Since the March 14, 2023, decision by Secretary of the Interior Deb Haaland to withdraw the proposed Trump administration land exchange that authorized a road through the biological heart of the Izembek Wilderness and the subsequent dismissal of the court case, we have continued to watch the next steps at Izembek. 

A Notice of Intent to prepare a Supplemental Environmental Impact  Statement (SEIS) was issued in May 2023, and Friends submitted comments to the Administration. As of the first week of September, the Department of the Interior (DOI) is still reviewing those comments and preparing their team to move forward on the SEIS, which is tentatively due in the summer of 2024. 

Friends remain concerned that Secretary Haaland could propose an alternative land exchange now that the previous case has been dismissed.  One of the major deficiencies cited by the Secretary in her March withdrawal was an absence of impact on subsidence resources associated with the proposed land exchange. The implication being that a land exchange may still be on the table, rather than a focus on non-road alternatives. 

Friends and the entire Izembek coalition firmly believe that any manner of land exchange outside of a Congressional or Alaska National Interest Lands Conservation Act (ANILCA) framework is illegal as it threatens both critical habitat on the refuge as well as the nearly 150 million acres of federally protected conservation lands in Alaska protected by ANILCA.  Accordingly, we are asking that non-road alternatives to address the needs of King Cove be strongly considered just as they were in the original Environmental Site Assessment. We continue to speak with USFWS in Alaska and at Headquarters in DC regarding the SEIS. 



Open post

June Advocacy Report: Friends coninues to make an impact.

by Mike Schantz, Friends Advocacy Committee

Arctic  Refuge
The federal lawsuit by the Alaska Industrial Development and Export Authority (AIDEA) and the State that challenged the moratorium on oil and gas development in the Coastal Plain continues. Friends, along with many conservation organizations and Tribal governments, have intervened on behalf of the Biden administration in this matter. AIDEA and the State filed their reply brief, and AIDEA requested oral argument, which is now scheduled for June 20, 2023. 

Izembek Refuge
On March 14, 2023, Secretary of the Interior Haaland withdrew the proposed Trump administration land exchange that authorized a road through the biological heart of the Izembek Wilderness.  This resulted in a motion to dismiss the appeal effort that resulted in the En Banc rehearing of the land exchange.

Subsequently on April 26, 2023, King Cove filed a motion in the Ninth Circuit Appeals contending the withdrawal of the land exchange was illegal and opposing the dismissal. This motion to dismiss was granted on June 15, 2023, with the Ninth Circuit saying that since the Secretary’s withdrawal of the land exchange, there is no action for the court to rule on. This ends just the latest chapter in our goal to protect the Izembek Refuge.

Going forward, our concern is that Secretary Haaland may propose an alternative land exchange now that the previous case has been dismissed. This concern is validated by the fact that a Notice of Intent (NOI) to prepare a supplemental Environmental Impact Statement (EIS) to correct deficiencies in the 2019 land exchange process has been issued. One of the major deficiencies cited by the Secretary in the withdrawal was absence of impact on subsidence resources associated to the proposed land exchange. 

Friends and the entire Izembek coalition firmly believe that any manner of land exchange outside of a Congressional or Alaska National Interest Lands Conservation Act (ANILCA) framework is illegal as it threatens both critical habitat on the refuge as well as the nearly 150 million acres of federally protected conservation lands in Alaska protected by ANILCA.  Accordingly, we are asking that non-road alternatives to address the needs of King Cove be strongly considere

Tetlin Refuge 
The Governmental Services Agency (GSA) conducted a scoping process this spring for an Environmental Impact Statement (EIS) evaluating alternatives for a new Alcan Port of Entry facility on the Canadian Border adjacent to Tetlin National Wildlife Refuge.  One of the prelimanary alternatives would remove 10 acres from the refuge eliminating a popular trailhead. Another alternative would move the border station four miles up the Alcan Highway from the actual US border putting the popular refuge recreation, subsistence and historical areas of Scottie and Desper creeks on the “wrong” side of the port of entry. This would no doubt impact staff, visitors and subsistence hunters’ use of refuge resources.  Friends provided comments on significant issues related to refuge impacts that must be addressed in the draft Environmental Impact Statement.  Progress of this project will be monitored carefully for impacts on the refuge.

Yukon Flats National Wildlife Refuge
Over the past few years, Doyon Limited Corporation has performed shallow stratigraphic tests on Doyon and native owned land inholdings of the Yukon Flats Refuge.  The bulk of this testing activity occurred around the village of Birch Creek.  No results have been made public to date.  In the event Doyon advances oil and gas extraction activity in this area, we are concerned about impacts to the world-class wildlife and fisheries and subsistence resources in the refuge.  We will continue to monitor this situation.


Open post

April Advocacy Report: Friends collaborates to make an impacr.

by David Raskin, Friends Board President

Arctic  Refuge
The federal lawsuit continues by the Alaska Industrial Development and Export Authority (AIDEA) and the State that challenged the moratorium on oil and gas development in the Coastal Plain. Friends had intervened along with many conservation organizations and Tribal governments on behalf of the Biden administration. AIDEA and the State filed their reply brief, and AIDEA requested oral argument, which the court will likely schedule now that their reply brief has been submitted. We await the announcement for the second lease sale required by the legislation.

The Fish and Wildlife Service (FWS) filed the Federal Register notice regarding the preparation of an Environmental Assessment (EA) for the December 2021 SF 299 application by Kaktovik Inupiat Corporation (KIC) for a winter right-of-way (ROW) across the tundra in a wilderness study area. The draft EA is scheduled for September 2023 followed by a public comment period.  The permit will require compliance with the Marine Mammal Protection Act regarding potential impacts on polar bears. We expect this to move to a full Environmental Impact Statement process that may result in a requirement for an incidental take permit, which could become a major problem for the ROW application.   It should be noted that the request for a winter right-of-way across the refuge may have implications for Alaska National Interests Conservation Act (ANILCA) and the Izembek road controversy. 

A draft report on the Kaktovik claim of historical vehicle use for subsistence activities in the Arctic Refuge tundra, including wilderness study areas, is still 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 Refuge
On March 14, 2023, Secretary of the Interior Haaland withdrew the illegal Trump administration land exchange that authorized a road through the biological heart of the Izembek Wilderness. This paused the legal proceedings, and the Department of Justice (DOJ) asked the Court to moot the case, which would end the lawsuit and nullify the land exchange. However, we expect that King Cove will oppose DOJ and ask the court to continue the case while King Cove works to get Secretary Haaland to propose another illegal land exchange. We are concerned that she will either do that or work with Senator Murkowski on legislation to do a land exchange by a similar process that former Secretary of the Interior Jewell denied. Meanwhile, Secretary Haaland has instructed the FWS to prepare a supplemental EIS to correct deficiencies in the Trump land exchange process, which is expected to begin within a month.

The Izembek coalition is working at all levels of the administration to convince Secretary Haaland to consider alternatives to a road, such as an all-weather ferry between King Cove and Cold Bay that would serve the entire region. Toward that goal, key members of the coalition had a productive meeting with Deputy Secretary of the Interior Tommy Beaudreau and other key Department of the Interior officials on April 8. A non-road alternative would put an end to the threats to Izembek Refuge, ANILCA, and up to 150 million acres of federal conservation lands currently protected by ANILCA.
 
Kenai Refuge 
No new threats to the Kenai Refuge!

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.


Open post

March Advocacy Report: Spring brings SOME good news

by David Raskin, Friends Board President

Arctic  Refuge
Trustees for Alaska and the Native Village of Venetie filed reply briefs in support of Department of Justice (DOJ) on February 17, 2023. DOJ had previously filed its opposition to the plaintiffs’ motion for summary judgment in the federal lawsuit by the Alaska Industrial Development and Export Authority (AIDEA) and the State that challenged the moratorium on oil and gas development in the Coastal Plain. Friends had intervened along with many conservation organizations and Tribal governments on behalf of the Biden administration. AIDEA and the State must file their reply brief by March 20. AIDEA also requested oral argument, which the court will likely schedule after their reply brief is submitted.
 
On February 8, 2023, the Fish and Wildlife Service (FWS) filed a Federal Register notice regarding the preparation of an Environmental Assessment (EA) for the December 2021 SF 299 application by Kaktovik Inupiat Corporation (KIC) for a winter  right-of-way (ROW) across the tundra in a wilderness study area. The draft EA is scheduled for September 2023 followed by a public comment period.  The permit will require compliance with the Marine Mammal Protection Act regarding potential impacts on polar bears and a full Environmental Impact Statement process may result in a requirement for an incidental take permit, which could become a major problem for the ROW application.   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. 
 
A draft report on the Kaktovik claim of historical vehicle use for subsistence activities in the Arctic Refuge tundra, including wilderness study areas, is still 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 Refuge
On December 13, 2022, the Ninth Circuit Court of Appeals heard oral arguments in its en banc review of the DOJ and State appeal of our second successful lawsuit that had stopped the illegal land transfer for the proposed Izembek road. The decision to rehear the case en banc nullified the disastrous panel decision and began the road proponents appeal anew. The panel, a majority appointed by Trump, could issue a decision as early as this month. The Izembek coalition is working at all levels of the administration and Congress to convince Secretary Haaland to withdraw the illegal land exchange before Ninth Circuit issues a decision. That is the only way to immediately put an end to the threats to Izembek National Wildlife Refuge and up to 150 million acres of federal conservation lands currently protected by ANILCA.
 
Kenai Refuge 
The Supreme Court on March 6, 2023, denied the State of Alaska’s writ of certiorari that sought a review of the Ninth Circuit’s decision that upheld the District Court decision that supported FWS hunting regulations.  This is a great win for the Kenai Refuge, its wildlife, and all who worked so hard to help this happen.
 
We also received the wonderful news that FWS withdrew the June 11, 2020, Trump administration proposed rule to amend the refuge-specific regulations for Kenai Refuge.  Based on the extensive public comments that Friends helped to organize, FWS reviewed the new information provided and determined that the best course of action was withdrawing the proposed rule.  
 
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.



Open post

Membership Meeting, Tuesday, April 20, 2021, 5pm AKDT

Insight into Izembek:  From Unangax Culture to the Incredible Wildlife of its Magnificent Lagoons    

Tuesday, April 20, 2021, 5-6pm (AKDT) 
Patrick Magrath, Izembek National Wildlife Refuge

Recorded Meeting Video

If you love gigantic bears, clouds of migrating birds filling the skies, waves of salmon running up the rivers and truly wild conditions — then you will love Izembek Refuge.   Patrick Magrath will give you a whirlwind tour of the anthropological history, biodiversity, and significance of Izembek’s magnificent lagoons with their extensive eelgrass meadows. In addition, long time Arctic nesting waterfowl researcher, David Ward, will contribute to this presentation. Most of the world’s population of Pacific Black Brant as well as Steller’s Eiders, Emperor Geese and Cackling Geese visit these lagoons during migration.   Located in Southwest Alaska, it is the smallest of the National Wildlife Refuges in Alaska but mighty in terms of sheer numbers of birds and species diversity.  It was the first area in the US to be recognized as a Wetland of International Importance by the Ramsar Convention and was designated as a Globally Important Bird Area by the National Audubon Society.

.
Brown Bear at Grant Point, Izembek Refuge, pc Kristine Sowl/USFWS

Patrick Magrath grew up outside the nation’s capital.  He would get in trouble for skipping classes to hike in solitude and visit the National Zoo.  Where traditional studies were lacking, Patrick found his education being supplemented by nature and museums.  He gained a footing in public lands through the conservation corps with the Forest Service in central Idaho in 2013.  Since then, he has worked at: 6 National Parks, 2 National Monuments, and 1 other National Forest, all before arriving at Izembek for the Fish & Wildlife Service.  His esotericism includes art, wilderness, ruins, and international cuisine.  Good wine, good cheese, and a great conversation make for an entertaining night for Patrick and his far better half Kayleigh.   Patrick lives in Cold Bay, Alaska headquarters for the Izembek Refuge.
 
David Ward recently retired as a research wildlife biologist with the U.S. Geological Survey- Alaska Science Center.  During his 33 year career, he led an international research program on the population ecology of arctic-nesting waterfowl and their use of coastal habitats, principally seagrass ecosystems.  He has authored numerous papers on the waterfowl and eelgrass habitats of Izembek Refuge.  

Pacific Black Brant in Izembek Lagoon, pc Kristine Sowl/USFWS


This meeting and presentation was recorded.