Tribal commercial and sport fishing entities are raising concerns over proposed legislation that they contend would make a political football out of Alaskans’ ability to protect pristine waterways critical to world class salmon runs and the subsistence way of life.
Rushing this bill through the legislative process is disrespectful to Alaska’s people, culture, economies and chance for a sustainable future, said opponents to House Bill 138, which is sponsored by Rep. Chuck Kopp, R-Anchorage.
Kopp’s bill calls for establishing an advisory commission to review nominations for Outstanding National Resource Waters (ONRW) and make recommendations to the Legislature, with legislators then the final decision makers on ONRW designations. Waters designated as ONRW receive the highest level of protection under the federal Clean Water Act.
In the ongoing efforts to develop non-renewable resources in Alaska, through exploration for oil and gas and mining, there has been much litigation over whether or not these development plans violate the Clean Water Act.
Under HB 138, the advisory commission would consist of commissioners of the Alaska commissioners of the departments of Environmental Conservation, Natural Resources and Fish and Game, all political appointees, plus four appointed members representing a tribal entity or Native corporation, an environmental or conservation organization, a resource development organization and a statewide organization of local governments.
While the bill is intended to meet federal requirements that direct the state to establish a process for nominating and designating “Tier 3” or Outstanding National Resource Waters, it is instead an attempt to silence Alaskans’ voices in protecting the rivers, streams and waterways that provide the food, culture, recreation and income they depend upon, said opponents, who represent Native Peoples Action, Chilkat Indian Village, United Tribes of Bristol Bay, Commercial Fishermen for Bristol Bay and Trout Unlimited.
“Our livelihood as Alaska Native peoples is dependent on healthy waters and lands, and it is our responsibility to ensure that we are keeping these waters healthy, clean and safe,” said Kendra Kloster, executive director of Native Peoples Action.
“House Bill 138 will make it more difficult to protect a valuable water resource than it is to contaminate them,” said Jones Hotch, vice president of Chilkat Indian Village. “Our healthy environment sustained Alaskans for over 10,000 years. Our food sovereignty as a nation may depend on a no vote of HB 138.”
“When a water body is designated as Tier 3 then development activities that occur cannot lower the water quality,” noted Konraad Schaad a Bristol Bay fishermen from Homer. “This bill however takes that process out of the Department of Environmental Conservation’s jurisdiction and puts it into the hands of the Legislature, where we all know it will become a total political football.”
“The people of Bristol Bay have been waiting over 10 years for adequate review of the nomination of the Koktuli River, currently threatened by the Pebble mine, to be protected as an Outstanding National Resource Water,” said Lindsay Layland, deputy director of United Tribes of Bristol Bay.
“We need a process that puts input from Alaskans and science first and doesn’t overcomplicate a system that is meant to keep important fishing areas and our clean water healthy and productive” said Neili Williams, director of Trout Unlimited’s Alaska Program.
