by David Raskin, Friends Board President
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Tag: refuges
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.
February Advocacy Report: Our work continues
by David Raskin, Friends Board President
Arctic National Wildlife Refuge
The Department Of Justice (DOJ) 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. Trustees for Alaska will be filing our reply brief this month in support of the DOJ.
On February 8, 2023, the Fish and Wildlife Service (FWS) filed notice in the Federal Register 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 (https://www.fws.gov/refuge/arctic). The draft EA is scheduled for September 2023 followed by a public comment period. We expect this to be a lengthy process that will require compliance with the Marine Mammal Protection Act regarding potential impacts on polar bears and a full EIS process. This 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 the 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 National Wildlife Refuge
On December 13, 2022, the Ninth Circuit Court of Appeals heard oral arguments in its en banc review of the appeal by the DOJ and the State of our second successful lawsuit that had stopped the illegal land transfer for the proposed Izembek road. Their decision to rehear the case en banc nullified the disastrous panel decision and began the road proponents appeal anew. We were extremely fortunate to obtain the pro bono services of San Diego expert appellate attorney Jennifer Bennett, who brilliantly argued our case before the 11-judge panel that unfortunately included a majority of six recent appointees by former President Trump. Assuming the panel decision could come as early as late March, the Izembek coalition is working diligently to convince Secretary Haaland to withdraw the illegal land exchange before the Ninth Circuit issues a decision. That is the only way to immediately put an end to potential threats to Izembek National Wildlife Refuge and more than 100 million acres of federal conservation lands currently protected by ANILCA
Kenai National Wildlife Refuge
We have heard nothing concerning the October 27, 2022, State of Alaska writ of certiorari to the U.S. 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 Clubs International did not join the State in this latest appeal. The Supreme Court rejects most petitions for review, and we expect the same in this case.
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
January Advocacy Report: The current state of Refuge System funding.
by Caroline Brouwer, Friends Board Member
We are dedicating this advocacy report to the current state of Refuge System funding. Refuges across the nation are underfunded to the point of neglect and closure. Here in Alaska, Friends support 16 refuges that make up over 80% of the land acres in the Refuge System. Alaska refuges’ funding needs include climate science research and additional biologists and visitor services staff across all refuges, and additional dollars for maintenance of not just habitat, but infrastructure and roads. But perhaps most importantly, we need staff who can work with our local communities to ensure refuges meet the needs not only of our incredible wildlife, but the people who live near them.
First, a few numbers: there are 95 million land acres in the Refuge System, 80 million of which are in Alaska (84% of the land mass of the Refuge System is in Alaska). There are an additional 750 million acres of vast stretches of ocean – both Pacific and Atlantic – in the refuge system, Alaska is the nursery for songbirds and waterfowl which migrate through or winter in the lower 48 and Hawai’i. Refuges provide a network of wildlife habitat that stretches for thousands of miles; these lands and waters are interconnected, and deserve protection and robust funding.
But there is not enough funding to take care of these lands and waters. Congress just passed a spending bill that increased the refuge system budget from $519 million to $542 million. Although it looks like a decent increase, it will be erased due to inflation and 1-2% staff pay increases. For the last dozen years, refuges have lost hundreds of millions of dollars in capacity, and we can see those losses on the ground.
In the Lower 48, these funding decreases have meant closing whole programs like environmental education and visitor services. Most refuge units have no federal wildlife officers to stop poaching. A significant majority of refuges have no staff dedicated solely to that refuge, and are minimally managed. This all results in an erosion of habitat quality due to lack of biological data to inform management decisions, invasive species, wildlife harassment and poaching, the closure of school environmental programs, and on and on.
Refuges in all 50 states are threatened by the effects of climate change, from saltwater inundation to melting permafrost to fires and floods, the impacts of invasive species that crowd out native species, and the increased use we have seen in recent years – over 65 million people visit refuges each year.
In Alaska, these funding decreases right now mean that the regional office is being forced to complex refuges, which means a refuge that formerly had dedicated staff now shares its staff with at least one other refuge. Alaskan refuges are massive – in many cases the size of entire states in the Lower 48. They are complicated to manage, and each one needs its own dedicated staff to manage that complexity. Innoko, Koyukuk, and Nowitna National Wildlife Refuges are already complexed. And now, funding levels are so low that Kanuti and Yukon Flats Refuges are in discussion to be complexed. Kanuti, for example, is the size of the largest of the Lower 48 refuges (Desert National Wildlife Refuge in Nevada at 1.6 million acres). Complexing is only the right answer if we accept that refuges should be underfunded in perpetuity. Instead, we need to focus on addressing the overall funding issue and bring Refuge System funding up to a sustainable level.
So how much money does the Refuge System really need? Well, the Fish and Wildlife Service has been examining these numbers for the last year, talking to each of the eight regional offices around the country to figure out the true need of the System. The answer? $1.5 billion dollars. That need is nearly three times the current funding levels.
Full funding of the Refuge System would mean that not only are wildlife protected, but there is enough funding available for infrastructure repairs, construction, road maintenance, community engagement, environmental education, and support for volunteers. Anyone who has visited a national park has seen educational signage, welcoming staff, well maintained infrastructure, and auto tour routes. The Park Service also has a budget 6 times larger than the Refuge System, and the vast majority of refuges do not receive anywhere near the level of funding as parks do.
The Refuge System is an American treasure. – the largest system of public lands set aside for wildlife in the world. We owe it to ourselves to maintain it. We all know that Congress is not going to suddenly fund the System at $1.5 billion, but our goal is to increase current funding by $200 million each year until that goal is met. The 118th Congress was just sworn in a few days ago. We will be in touch with next steps for increasing funding for the Refuge System later in the spring when Congress begins their appropriations process.