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Marine

Pebble Mine Update: What the Army Corps Did and Didn’t Do

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If you are following the saga of the proposed Pebble Mine in Bristol Bay, Alaska, you would be forgiven if you thought recent action by the U.S. Army Corps of Engineers (USACE) was the death knell for the proposed mine.

On August 24, the USACE released a letter to the Pebble Limited Partnership. The U.S. Army’s press office proclaimed, “Therefore, the Corps finds that the project, as currently proposed, cannot be permitted under section 404 of the Clean Water Act.”

In reality, the USACE essentially kicked the can down the road. The letter to the Pebble Limited Partnership informed them, “As part of the [Record of Decision] the [Alaska District of the USACE] made Clean Water Act Section 404(b) (1) factual determinations that discharges at the mine site would cause unavoidable adverse impacts to aquatic resources and, preliminarily, that those adverse impacts would result in significant degradation to those aquatic resources.” The Alaska District of the USACE determined that Pebble Limited Partnership would need mitigation measures within the Koktuli River Watershed, where the mine potentially will be located, for all direct and indirect impacts on aquatic resources caused by the mine’s discharges.

The letter went on to outline the ways those damages could be mitigated:

There are three approved mechanisms for providing compensatory mitigation, which include mitigation banks, in-lieu fee programs, and permittee-responsible mitigation with preference, in that order. Your mitigation plan may include a combination of means and mechanisms but must comply with all required components of Rule and be found sufficient to offset the unavoidable adverse impacts to the aquatic resources identified above.

Some reactions critics of the project from both sides of Capitol Hill were less than laudatory of the action. Senator Joe Manchin (D-WV) stated :

A mitigation plan to make up for unavoidable damage from the Pebble Mine is not enough. The Final Environmental Impact Statement for Pebble Mine did not assure me the pristine Bristol Bay region of Alaska, which is home to the world’s most productive salmon fishery, supports 14,000 jobs and generates $1.5 billion of revenue annually, would be sufficiently protected. I again urge the Administration to completely veto a Clean Water Act permit for this project.

Rep. Jared Huffman (D-CA) said :

Delaying the permit for the Pebble Mine is welcome news, but let’s be clear: the only reason this environmental atrocity came this close to happening is because the Trump administration is a favor factory for polluting industries. The previously rejected permit was revived and fast-tracked by this administration, and the only reason they finally hit the pause button is because – thankfully – some individuals close to President Trump made a personal appeal. We can welcome the outcome, but let’s not confuse any of this with environmental stewardship or good government.

This letter did not come as a surprise to the Pebble Limited Partnership. The company responded:

The letter we received today is a normal letter in the permitting process and we are well into an effort to present a mitigation plan to the USACE that complies with the requirements of their letter. A clear reading of the letter shows it is entirely unrelated to recent tweets about Pebble and one-sided news shows. The White House had nothing to do with the letter nor is it the show-stopper described by several in the news media over the weekend.

Now that dust has settled, let’s take a look at the facts included in the Corps’s letter, which should send chills down the spine of anyone who still thinks it is a good idea to permit this mine.

The letter tells us what is at stake:

Therefore, the District has determined that in-kind compensatory mitigation within the Koktuli River Watershed will be required to compensate for all direct and indirect impacts caused by discharges into aquatic resources at the mine site. Direct and indirect impacts at the mine site total 2,825 acres of wetlands, 132.5 acres of open waters, and 129.5 miles of streams.

The District has also determined that compensatory mitigation is required for unavoidable adverse impacts to aquatic resources from discharges associated with the transportation corridor and the port site. Direct and indirect impacts associated with the transportation corridor and port site total 460 acres of wetlands, 231.7 acres of open waters, and 55.5 miles of streams.

Let me help you with the math. Here are the totals for what’s at risk:

  • 3,285 acres of wetlands
  • 364 acres of open waters
  • 185 miles of streams

So somewhere, somehow, the Pebble Limited Partnership is going to mitigate all that damage. As they said, “We will share more details of our initial plan as they become more defined.”

They have until November 20 to do that, although they seem to think it may happen sooner. “Based on our understanding of the substance of the letter, our discussions with the state, our substantial work in the field and our discussions with the USACE we believe our final Comprehensive Management Plan submission will be submitted within weeks and will satisfy all of the requirements of the letter.”

We shall see.

Here’s the rub. Bristol Bay is unique. How will that uniqueness be mitigated? How do you mitigate the loss of the world’s best salmon run?

On August 31, a letter from Representatives Huffman and Peter DeFazio (D-OR) and signed by 31 of their colleagues to EPA administrator Andrew Wheeler, made the point, “There is no level of compensatory mitigation that would be sufficient to address the mine’s irreversible harm to the pristine environment that exists in Bristol Bay.”

The letter went on to ask “that the EPA exercise its authority under the Clean Water Act and oppose the flawed Environmental Impact Statement.”

Let’s hope the administration comes to realize that, as the late Senator Ted Stevens of Alaska said, “This is the wrong mine in the wrong place,” and vetoes the Clean Water Act permit. If the USACE and Environmental Protection Agency don’t see the light, hopeful Congress will make them feel the heat.

UPDATE (Oct 30, 2020): Tim Sohn writing in Outside Online, gives a terrific, recap, analysis and update on the state of play in Bristol Bay.
https://www.outsideonline.com/2418304/pebble-mine-tapes-election-explainer.

Your comments questions and other witty repartee are welcome around the Campfire.

Note: This article (pre update) originally appeared on the Marine Fish Conservation Network’s From the Waterfront blog.

Home Water

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Editor’s note: This article also appears in From the Waterfront, the Marine Fish Conservation Network’s blog.

Isolation, self-imposed or otherwise, provides a time for reflection. Last weekend I sat down to gather my thoughts on the current state of affairs, and here is where I landed.

First off, my days are not significantly different from my regular routine. I have been working from home for more than a decade. Conference calls, video chats, emails, etc. are all pretty routine. As a side note, dogs and children in the background of calls and video chats are a sign of life and, I would argue, a reaffirmation of life.

I have a separate room for an office, the amenities are numerous and convenient, and the commute is non-existent. My guiding side hustle has taken a beating, but I don’t rely on the income, and it has freed up time for me to get out fishing on my own. I am grateful for relaxation wherever I can find it.

All and all, I can’t complain.

In times like these, we see the best and worst of human behavior. When it comes to interacting with my fellow man, I am a bit of a social dichotomy, to be frank. By nature, I am pretty gregarious; I like to interact with people regardless of where I am and what place they occupy in the world. My parents, the Navy and my friend Jim Range all helped form that mindset. In fact, it is a yardstick I use to measure people. If you look down on the help, are rude to servers or janitors and the like, I consider you beneath contempt and no friend of mine. I’m also extremely scornful of the self-important, self-entitled and greedy.

I am fortunate that either by accident or design, I wound up working in the world of conservation advocacy. It sure didn’t start that way. Over the last 30 years or so, I have been engaged in efforts to conserve and protect our natural resources and advocate for responsible management of our lands and waters and the critters, including us, who rely on them.

With a global pandemic disrupting many daily routines, I can’t help but take comfort in the notion that the things I have fought to protect are now seen as an essential element for surviving this life-threating disruption. I am not equating nature with hospitals or holding out my work as more significant or valuable than those currently on the front lines of this crisis. I am certainly not trying to pat myself on the back. Still, I firmly believe that when the dust settles, there will be a greater appreciation for some previously underappreciated assets in our national and global infrastructure. The truth is we need nature, and we need stewards to defend against those who devalue or, worse, despoil this essential part of existence on this planet.

As a journalist, reading good writing, especially in times of strife and uncertainty, deepens my faith in the many ink-stained wretches who labor to so hard to help us see the world by written word so we may better understand what is going on in places we cannot be. I also hope we will have learned to think for ourselves and not blindly follow the things that reinforce our beliefs and tribal instincts. That we look to our better angels and metaphorically build bridges, longer tables, and appreciate the struggles of others and lend a hand when we can.

I had the opportunity to enrich my reflections by reading three items that buoyed my spirits, and I will close with those in hopes they can do the same for you.

Monte Burke writes for Forbes magazine. Burke and I share a love for fly-fishing and affection for brook trout. His article “March Madness – Finding Calm Amid Coronavirus Anxiety” in The Drake magazine was both unsettling and comforting. Burke writes of his anguish about his exodus from New York City. It is wrenching to read but includes a bit of promise:

At the last minute as my wife and I packed, just before I zipped up my duffel bag, I’d thrown in a 4-weight fly rod, a reel and a box of flies. It was, at the time, merely a symbolic gesture. It was March. The fishing in the medium-sized river in Vermont would be poor if happening at all. The gear was a rather senseless thing to bring along, seeing as we required every inch we could get in the car. But I needed one totem of normalcy, a normalcy that I now realized I had taken for granted all of my life.

Burke tells of his days with the family in self-isolation and how the fly rod and a trip to the river become a beacon of hope:

As I walked home, the sun began to ease itself behind the mountain in the distance and the breeze became more insistent. It was abundantly clear that we were in for difficult times, perhaps more difficult than we can even fathom, a cruel winter that will seem endless. I am trying to prepare myself for the worst. But I decided as I neared the house, I would also start living for the spring — whether it’s actual or metaphorical — and for all of those things I once took for granted. It may be months before we’re there. It may take a year or longer. But it will come.

Land Tawney runs the nonprofit Backcountry Hunters and Anglers. Land has a warrior’s heart in the finest sense of the word. He has selflessly given of himself to the conservation cause, and he is at his best when he speaks from his heart about the outside. In an email, he wrote,

For me, a big part of keeping myself safe and healthy – mentally, physically and spiritually — comes back to the Great Outdoors. Earlier this week, I took my family to some public lands just outside of Missoula. The sun was out, the air was crisp and while there was still some snow on the ground, you could feel the onset of spring. We crumpled our local newspaper, full of virus news, and my 8-year-old son lit the fire. We roasted hot dogs and sausages over the coals and noticed the robins, chickadees and crows. Our kingdom. Our solace. It showed me once again how getting outside can help heal us – offering sustenance and a respite from the anxiety and unease in the world.

Admiral William McRaven penned an Op-Ed in The Washington Post about his SEAL training. McRaven writes,

My training class had been out of the mud for a short period of time when the instructors, looking to weed out the weak of mind and body, ordered the entire group of 55 men back into the bog. The mud consumed each man until there was nothing visible but our heads. We were all exhausted, numb from the cold and desperate to hold on. The instructors told us that we could all leave the mud — if just five men quit. It was the instructors’ way of turning us against each other.

McRaven invokes this memory to illustrate his view, one I share, that we Americans are resilient, and there is good reason for hope. He writes,

There were still eight hours to go before the sun rose — eight more hours of bone-chilling cold. Several of the students started moving to dry ground; they were ready to quit. And then, one voice began to echo through the night — one voice raised in song. The song was terribly out of tune but sung with great enthusiasm. One voice became two and two became three, and before long the entire class was singing. The instructors threatened us with more time in the mud if we kept singing, but the singing persisted. Those of us stuck in the mud believed that if one of us could start singing when he was up to his neck in mud, then maybe the rest of us could make it through the night. And we did.

McRaven believes that we will prevail, and it is time for us to start singing. I think we will if we join in that song.

Consider this an invitation.

Congress needs to fix the ASMFC

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In his article, AT THE ASMFC: THE COMPELLING FORCE OF LAW, Charles Witek points out the dichotomy at the Atlantic States Marine Fisheries Commission when it comes to enforcing fishing management regulations.

The good news is that ASMFC can, with the help of NOAA, force the states to adhere to the regulations. In this case menhaden in the Commonwealth of Virginia. On the other hand, with striped bass, when it comes to enforcing their own rules they come up short. Very short.

“The irony of the situation is that, while the ASMFC can use such legal consequences to compel the states to comply with its management plans, if the ASMFC itself fails to comply with the explicit terms of one of its own management plans, it faces no consequences at all.”

Worse, as Witek points out, is there is no way for the public to compel the ASMFC to act.

“And if the public can’t even compel the ASMFC to do what it had already said it would do to protect the health of fish stocks, it certainly lacks the power to force the ASMFC to do what the public expects of it: rebuild overfished stocks and then maintain those stocks at healthy levels, something that, in the 77-year history of the organization, it has not ever done—even once.”

I agree with Witek, its time we revised the legislation that controls ASMFC to make sure they are doing their job. I suspect in the near future there will be an effort started, asking Congress to amend the law so if ASMFC fails to do its job the public can go to the court and seek compliance, “judicial intervention” as Witek notes.

Stay tuned.

Source: ONE ANGLER’S VOYAGE: AT THE ASMFC: THE COMPELLING FORCE OF LAW

Support Proper Menhaden Management In Virginia

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Menhaden, often called the most important fish in the sea, need your help.

Right now the Virginia General Assembly is considering legislation that will put management of menhaden where it belongs, in the hands of the professionals at the Virginia Marine Resources Commission (VMRC).

If that sentence took you by surprise, you are not alone. In the Commonwealth of Virginia, fishing for menhaden is regulated by the General Assembly. It is the only fish in the Commonwealth managed by elected officials and it has led to a crisis.

Last year, the Atlantic States Marine Fisheries Commission (ASMFC) found that Virginia was not complyingwas not complying with the coast wide management plan for menhaden. Virginia must come into compliance by June 17, 2020 or a fishing moratorium will be imposed.

In order to bring Virginia into compliance, the General Assembly must act in this session. The best approach to achieve compliance is to pass legislation, HB 1448 and SB 971, transferring management authority to the VMRC.

Please take a moment to send emails to your Delegate and Senator asking them to support this important legislation.

Thanks in advance for taking action today!

It’s time to take politics out of fisheries – The Washington Post

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The Chesapeake Bay Foundation’s Chris Moore pens a compelling Op/Ed about the menhaden fishery and what Virginia’s General Assembly should do.

One thing is very clear now that the federal government has backed up the ASMFC and found that Omega Protein put Virginia out of compliance. We need to take politics out of menhaden. This legislative session, Virginia must do the right thing for the environment and let the VMRC manage the largest fishery in the state, just as they do with all the others.”

Source: It’s time to take politics out of fisheries – The Washington Post

Striped Bass & Bluefish: Same Problem, Different Managers, Very Different Approaches – Marine Fish Conservation Network

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…the primary responsibility for managing striped bass and bluefish belong to two different fishery management bodies, that operate under different laws, take different approaches to fishery management, and have very different records of success.”

Source: Striped Bass & Bluefish: Same Problem, Different Managers, Very Different Approaches – Marine Fish Conservation Network