By Dr. Al Gross
For The Cordova Times
Gov. Mike Dunleavy’s recent decision to appeal the Army Corp of Engineer’s rejection of the Pebble Mine permit is the wrong move. The state of Alaska instead needs to find creative new sources of revenue to help bring the state into monetary balance and needs to move beyond its failed policies.
One thing is clear: given the strong national and statewide movement to protect the Bristol Bay watershed from open pit mining, state ownership of that land and its resources is highly unlikely to bring significant development, jobs, or revenue to Alaska in the foreseeable future. There has been, and will continue to be, overwhelming opposition to Pebble and to other mining projects which could potentially threaten the livelihood, culture, and traditions of those who benefit from the wonders of Bristol Bay. The state unintentionally but effectively drew an unproductive lot when selecting its Bristol Bay lands from the federal government and is now unable to develop them as was originally intended. The federal government does indeed owe Alaska other opportunities to make good on its original intent to help Alaska develop its resources.
To resolve this conflict, I propose that Gov. Dunleavy work with our federal delegation and the Biden administration, to swap the state-owned Bristol Bay lands in question back to the federal government. In return, I propose that Alaska be awarded jurisdiction and state ownership out to 12 nautical miles from shore throughout our coastline. This would be an increase from our current jurisdiction of out to just 3 miles. There would be a number of benefits to the state through this arrangement. It would eliminate the State of Alaska’s conflict over its “fiduciary responsibility” to mine its Bristol Bay lands. Federal ownership and protection of this land would provide a better long-term solution toward this environmental conflict compared to the current approach of trying to invoke section 404c of the Clean Water Act to block Pebble.
The state of Alaska would thus assume management, control and taxation authority for fisheries, oil, gas and mining out to 12 miles offshore. Florida, Texas, Louisiana and Alabama have all sought to expand their offshore state borders. We should too. Fisheries management out to 12 miles would be ceded to the Alaska state Board of Fish rather than the North Pacific Fisheries Management Council giving us more local control. This arrangement would disentangle the federal government through the NPFMC in its already thorny involvement in the Cook Inlet fishery and would leave its management up to the state.
Revenues from the 3% fish landing tax Alaska currently receives would markedly increase. Oil and gas royalties and leases in Cook Inlet that are currently more than 3 miles offshore would also transfer to the state from the federal government further enhancing our state revenues. This really could be a win-win situation for the state and the federal government and would surely be a transaction that the Biden administration might consider given their strong interest in protecting Bristol Bay. Statewide management out to 12 miles would prevent the development of 3-12 mile offshore federally permitted fish farms and will also give the state better control to manage its bycatch problem of king salmon, halibut and sablefish both in the Gulf and in the Bering Sea.
The federal government has effectively and unintendedly reneged on its promise to Alaska to allow it to develop its land including its natural resources when it comes to the headwaters of Bristol Bay. And, it has become clear that the Bristol Bay watershed is a critical habitat that most of us want to protect. Trading the headwaters of Bristol Bay back to the federal government for protection in return for extending our border out to 12 miles offshore would be just and fair compensation to our State. This proposal would likely satisfy conservationists and conservatives alike. This would be a fair trade and a great deal for the state, our fishermen, the federal government, and anyone who enjoys the wonders of Bristol Bay. And it would be a lot better than another expensive and contentious lawsuit.
Al Gross is a lifelong Alaskan, a doctor and commercial fisherman, and was an Independent candidate for the U.S. Senate in 2020.
